Arbitration case law

ordinanza

Supreme Court, 21 February 2019, n. 5243

Cassazione — I Civ.

Legal principle

In theme of arbitration, if the parts not have determined, in the compromise or in the clause compromise, the rules procedural from adopt, the referees are free regular the joint of the procedure in the way They consider more appropriate, even discostating from the prescriptions dictates from the code of ritual, with the only limit of compliance of the drug basis principle of the contradictory, place by art. 101 cod. proc. civ., the , however, , It should be more appropriately adapted to the judgment arbitration, in the sense that must be offer at parts, at the fine of to allow them an adequate activity defensive, the possibility of expose i respective assumptions, by examine and analyze The tests and le results of the process, even after the fulfillment of the investigation e up to at the moment of the closing of the treatment, as well as of submit memories and replicas and know in time useful the instances and requests.

Methodological notes

standard

Decision text and analysis

In+theme+of+arbitration,+if+the+parts+not+have+determined,+in the+compromise+or+in the+clause+compromise,+the+rules+procedural+from+adopt,+the+referees+are+free+regular+the joint+of the+procedure+in the+way+ They consider+more appropriate,+even+discostating+from the+prescriptions+dictates+from the+code+of+ritual,+with+the only+limit+of+compliance+of the drug basis+principle+of the+contradictory,+place+by art.+101+cod.+proc.+civ.,+the+,+however,+,+ It should be more appropriately+adapted+to the+judgment+arbitration,+in the+sense+that must+be+offer+at+parts,+at the fine+of+to allow+them+an adequate+activity+defensive,+the+possibility+of+expose+i+respective+assumptions,+by+examine+and+analyze+ The+tests+and+le+results+of the+process,+even+after+the+fulfillment+of the investigation+e+up to+at the+moment+of the+closing+of the treatment,+as well as+of+submit+memories+and+replicas+and+know+in+time+useful+the+instances+and+requests.

How to cite

Cassazione — I Civ., 21 February 2019, No. 5243, «Supreme Court, 21 February 2019, n. 5243», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-february-2019-n-5243-en-1752191995/

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