Supreme Court, 23 March 2021, n. 8092
Cassazione
- I Civ.
Legal Principle
The referees rituals, authorized a pronounce second equity to the senses of art. 822 of the Italian Civil Code proc. Civ., Well they can decide second right when it is e SSI consider that right and equity coincide, without that it is per they need to affirm and explain such coincidence, that can derive even impl icily from the complex of the arguments turning to support of the decision, being able to configure the existence of a vice attributable to the violation of the limits of the compromise only when the referees negine a priori the possibilities of use of the equitations
Methodological Notes
obiter
How to cite
Cassazione, 23/03/2021, n. 8092, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-23-march-2021-n-8092-en-1752195019/