Legal principle
The defect of potestas iudicandi of the college decident, involving a non -incurable vice vice of the pit, can e must be to be detected office in judgment of appeal, and even in seat of legitimate à, with the only limit of the judged, independently from its previous deduction in the phase referee, (only) if derivi from the nullity of the compromise or of the clause compromise.
Methodological notes
standard
Decision text and analysis
The+defect+of+potestas+iudicandi+of the+college+decident,+involving+a+non -incurable vice+vice+of the+pit,+can+e+must be+to be+detected+office+in+judgment+of+appeal,+and+even+in+seat+of+legitimate à,+with+the+only+limit+of the+judged,+independently+from+its previous+deduction+in the+phase+referee,+(only)+if+derivi+from the+nullity+of the+compromise+or+of the+clause+compromise.
How to cite
Cassazione — I Civ., 14 June 2019, No. 16127, «Supreme Court, 14 June 2019, n. 16127», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-14-june-2019-n-16127-en-1752192073/