Arbitration case law

ordinanza

Supreme Court, 21 December 2015, n. 25670

Cassazione — I Civ.

Legal principle

In the survey time ad identify the nature of the arbitration, beyond that of the entire context of the clause turkinating, must be held account, which criterion subsidiary evaluation, of the conduct overall keep of the parts negotiations, in the formulation of the questions, in the same course trains and subsequently to the pronunciation of the praise, ad it it is attributing the relief permitted by art. 1362 of the Italian Civil Code civ. which, as is known, gives the possibility d i use the behavior overall of the parts in via subsidiary, where i i results of the interpretation literal and logical-systematic not are satisfying.

Methodological notes

standard

Decision text and analysis

In the survey+time+ad+identify+the+nature+of the arbitration,+beyond+that+of the entire+context+of the+clause+turkinating,+must be held+account,+which+criterion+subsidiary+evaluation,+of the+conduct+overall keep+of the+parts+negotiations,+in the+formulation+of the+questions,+in the same+course+ trains+and+subsequently+to the+pronunciation+of the+praise,+ad+it it is attributing+the+relief+permitted+by art.+1362+of the Italian Civil Code+civ.+which,+as+is+known,+gives+the+possibility+d i+use+the+behavior+overall+of the+parts+in+via+subsidiary,+where+i+i results+of the interpretation+literal+and+logical-systematic+not+are+satisfying.

How to cite

Cassazione — I Civ., 21 December 2015, No. 25670, «Supreme Court, 21 December 2015, n. 25670», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-december-2015-n-25670-en-1752182473/

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