Legal principle
The exception of referee irreplace, as moreover the of referee ritual, not it is detectable ex officio by the judge and must be proposed from the part interested, the which, paying i n material of faculty and rights available, well it can give up ad use of it, even tacitly, placing in being behaviors incompatible with the will of use of the compromise.
Methodological notes
standard
Decision text and analysis
The exception+of+referee+irreplace,+as+moreover+the+of+referee+ritual,+not+it is+detectable+ex officio+by the+judge+and+must be+proposed+from the+part+interested,+the+which,+paying+i n+material+of+faculty+and+rights+available,+well+it can+give up+ad+use of it,+even+tacitly,+placing+in+being+behaviors+incompatible+with+the+will+of+use+of the+compromise.
How to cite
Cassazione — I Civ., 21 January 2016, No. 1097, «Supreme Court, 21 January 2016, n. 1097», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-january-2016-n-1097-en-1752182494/