Arbitration case law

ordinanza

Supreme Court, 22 April 2016, n. 8207

Cassazione — II Civ.

Legal principle

The activity of the referees rituals even to the inconvenience of the discipline overall obtainable from the law 5 January 1994, n. 5 and from Legislative Decree 2 February 2006 , n. 40, has nature jurisdiction and replacement of the function of the judge ordinary, so that to establish if a dispute belt to the cognition of the prim i or of the second si configure as question of competence, while the sanction if one quarrel belong to competence jurisdiction of the judge ordinary e, i n such scope, a the one replacement of the referees rituals, i.e. a the of the judge administrative or accounting, gives place ad a question of jurisdiction.

Methodological notes

standard

Decision text and analysis

The activity+of the+referees+rituals+even+to the+inconvenience+of the+discipline+overall+obtainable+from the+law+5 January+1994,+n.+5+and+from+Legislative Decree+2+February+2006 ,+n.+40,+has+nature+jurisdiction+and+replacement+of the+function+of the+judge+ordinary,+so that+to establish+if+a+dispute+belt+to the+cognition+of the+prim i+or+of the+second+si+configure+as+question+of+competence,+while+the+sanction+if+one+quarrel+belong+to+competence+jurisdiction+of the+judge+ordinary+e,+i n+such+scope,+a+the one+replacement+of the+referees+rituals,+i.e.+a+the+of the+judge+administrative+or+accounting,+gives+place+ad+a+question of+jurisdiction.

How to cite

Cassazione — II Civ., 22 April 2016, No. 8207, «Supreme Court, 22 April 2016, n. 8207», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-22-april-2016-n-8207-en-1752183548/

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