Supreme Court, 18 September 2020, n. 19604
Legal Principle
Only in the hypothesis of non -existence of the Lodo referee (per non -existence of the compromise or of the clause skuser or because the material entrusted to decision of the referees is foreign a qu Elle susceptible of form object compromise), to the courtyard appeal is precluded the passage to the phase termination, missing in root the potestas decidendi, and configurating therefore the event Tules pronunciation arbitral like a vera and own usurpation of power. to contrary, the any different differences from requirements e from forms of the judgment arbitral can cause only the nullit à of the Lodo, with the consequence that the courtyard of appeal it is keen always a pronounce in the merit, without possibilities of distinguish between the various hypotheses that have given place to detected censorship.
Methodological Notes
standard