ordinanza
No. 17171
Year: 2020

Supreme Court, 14 August 2020, n. 17171

⚖️ Cassazione - I Civ.
📅

Legal Principle

Place that in the arbitration irrital the praise can be challenged only per i vices that can vulnerare the event of the will negotiale like the error, the violence, the Dolo e the inability of the parts that have given the assignment, or of the referee itself, when it is you deduce that the praise it is fruit of error, it is necessary that it is, per being ril Evante, second the forecast of art. 1428 of the Italian Civil Code, must be substantial - or essential - recognizable - articles 1429 and 1431 cod. civ. - and , it is necessary that the arbitrats ri are income in a false representation or altered perception of the elements of fact determined by having deemed existing facts that certainly not the are and vicever you know, or disputed, facts che such not are - similarly to the error revocation contemplated, per i measures jurisdictional, by art. 395 n. 4, cod. proc. civ. - me ntre not detects the error of the referees which pertains to determination from they adopted in base to conviction reached after having interpreted and examined the elements buy ISITI, IVI including i criteria of evaluation indicated by the parts, because them, in give content to will of the parts, it expresses an activity interpretative and not perce tiva, che si transfonde in the judgment them delegated e which, for will of the themselves, is incontrovertible, although being a shop stipulated via i respective referees-modovers.

Methodological Notes

standard

How to cite

Cassazione, 14/08/2020, n. 17171, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-14-august-2020-n-17171-en-1752192780/