Arbitration case law

ordinanza

Supreme Court, 21 January 2016, n. 1099

Cassazione — I Civ.

Legal principle

Integrate violation of the principle of the contradictory the conduct of the referees I which, having regulated the procedure with the fixation of terms at parts the them attachments and instances preliminary investigations, li they have considered t as t ERMINI PERSERTORI, like those of which to art. 183 and 184 cod. proc. civ., declaring of consequence decay the part that not li it has respected from the faculty of propose i questions and the instances preliminary investigations, without, which is there. It is no forecast in such sense in the convention of arbitration or in a deed written separate, nor the prior qualification of the terms as peremptory in the regulation procedural that the referees are data, nor one specific warns nza at regard revolt at parts at the moment of the concession of those terms, in this way they are they remain remained unjustifiably defaults at their duty of knowing fully i points view of all the parts of the process.

Methodological notes

standard

Decision text and analysis

Integrate+violation+of the+principle+of the+contradictory+the+conduct+of the+referees I+which,+having regulated+the+procedure+with+the+fixation+of+terms+at+parts+the+them+attachments+and+instances+preliminary investigations,+li+they have considered+t as+t ERMINI+PERSERTORI,+like+those+of which+to+art.+183+and+184+cod.+proc.+civ.,+declaring+of+consequence+decay+the+part+that not+li+it has+respected+from the+faculty+of+propose+i+questions+and+the+instances+preliminary investigations, without,+which is there. It is+no+forecast+in+such sense+in the+convention+of arbitration+or+in+a+deed+written+separate,+nor+the+prior+qualification+of the+terms+as+peremptory+in the+regulation+procedural+that+the+referees+are+data,+nor+one+specific+warns nza+at+regard+revolt+at+parts+at the+moment+of the+concession+of+those+terms,+in this way+they are+they remain+remained+unjustifiably+defaults+at+their+duty+of+knowing+fully+i+points+view+of+all+the+parts+of the+process.

How to cite

Cassazione — I Civ., 21 January 2016, No. 1099, «Supreme Court, 21 January 2016, n. 1099», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-january-2016-n-1099-en-1752182500/

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