Supreme Court, 12 April 2022, n. 11799
Legal Principle
The half of appeal of the Lodo arbitral must be being identified in base to the nature of the act actually place in being from referees and not of the arbitration as expected by parts, per which if it is it is state pronounced a praise unrestrained despite a few of the parts à, agreed a clause per arbitration ritual, the praise itself must be challenged, it is pure to purposes of to do the the ritual character of the ste sso, not before to courtyard of appeal, a rule of art. 828 of the Italian Civil Code civ., ma in base at rules ordinary on competence and with observance of d opium degree of jurisdiction, making i worth i vices of event of the will negotiale, while, where the referees have considered the nature ritual E of the arbitration ED have, therefore, provided in the forms of which to articles 816 ss. cod. proc. civ., the appeal of the praise, even if direct a worth the unrestricted nature of the arbitration and i consequent error s in proceeding committed by the referees, must proposal in front to courtyard appeal a s ENSI of the Articles 827 SS. Cod. Proc. civ. and not in modes own of the appeal of the praise irritation, i.e. front to the judge ordinarily competent.
Methodological Notes
standard