ordinanza
No. 29431
Year: 2021

Supreme Court, 21 October 2021, n. 29431

⚖️ Cassazione - I Civ.
📅

Legal Principle

The provision of rejection of the request of recusal flows in that that decides the merit - and therefore, in case of arbitration, in praise - with the consequence that the eventual vice raised by the incompatibility of the referee in vain refused mm ache of nullity of the activity explained by the referee itself and therefore of appeal of the pronunciation from he emit, and this appeal it makes the control on the provision that has denied the subsistence of the investigation cause of recusal, the which it is therefore reviewable in the additional course of the process, a follow -up of the initiative of the part which has proposed the request of recusal. from this it follows that the appeal per nullity of the praise arbitration must a a to identify the ratio deciti Dedi mail from the college referee to foundation of the rejection of the of the part part succumbing e per other verse highlight in way the reiterated omitted welcome of the repeated instances of recusal it could inficy this ratio decidendi.

Methodological Notes

standard

How to cite

Cassazione, 21/10/2021, n. 29431, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-21-october-2021-n-29431-en-1752197276/