Arbitration case law

ordinanza

Supreme Court, 21 January 2016, n. 1119

Cassazione — VI Civ.

Legal principle

The nullity (per illegality o per other cause) of the contract place a foundation of the question permit per merit of the claim advanced in judgment, the its allegation not can therefore be considered sufficient ad exclude the competence referees in order A Controversy Loro referred to the base of a pact compromise valid, not even in the case in which such attachment si reveal founded, not appearing logical to do depend the operation of the convention of arbitration from the decision on the of the controversy.

Methodological notes

standard

Decision text and analysis

The+nullity+(per+illegality+o+per+other+cause)+of the+contract+place+a+foundation+of the+question+permit+per+merit+of the+claim+advanced+in+judgment,+the+its+allegation+not+can therefore be considered+sufficient+ad+exclude+the+competence+referees+in+order+ A+Controversy+Loro+referred to the+base+of+a+pact+compromise+valid,+not even+in the+case+in which+such attachment+si+reveal+founded,+not+appearing+logical+to do+depend+the operation+of the+convention+of+arbitration+from the+decision+on the+of the+controversy.

How to cite

Cassazione — VI Civ., 21 January 2016, No. 1119, «Supreme Court, 21 January 2016, n. 1119», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-january-2016-n-1119-en-1752182514/

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