Legal principle
In theme of clause arbitration, if the judge of first degree si is pronounced on its competence without that it is started the procedure arbitration, trova A application not Art. 819-ter COD. PROC. CIV., MA MA THE THE GENERAL PRINCIPLE OF THE TEMPUS REGIT ACTUM, FOR the which the appeal of the measures jurisdiz Ionial is subject to forms procedural current at moment in it is it is proposal, with the consequence that the sentence must be challenged with the appeal or with The Regulation of competence, at second that the judgment is proposed first or after the 2 March 2006, date of entry in vigor of the mentioned provision.
Methodological notes
standard
Decision text and analysis
In+theme+of+clause+arbitration,+if+the+judge+of+first+degree+si+is+pronounced+on+its+competence+without+that+it is+started+the+procedure+arbitration,+trova A+application+not+Art.+819-ter+COD.+PROC.+CIV.,+MA MA THE+THE+GENERAL PRINCIPLE+OF THE+TEMPUS+REGIT+ACTUM,+FOR+the+which+the appeal+of the+measures+jurisdiz Ionial+is+subject to+forms+procedural+current+at+moment+in++it is+it is+proposal,+with+the+consequence+that+the+sentence+must be challenged+with+the appeal+or+with+ The+Regulation+of+competence,+at+second+that+the+judgment+is+proposed+first+or+after+the+2+March+2006,+date+of+entry+in+vigor+of the+mentioned+provision.
How to cite
Cassazione — I Civ., 2 August 2016, No. 16058, «Supreme Court, 2 August 2016, n. 16058», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-2-august-2016-n-16058-en-1752186489/