Arbitration case law

ordinanza

Supreme Court, 14 June 2019, n. 16127

Cassazione — I Civ.

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/

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