ordinanza
No. 14370
Year: 2021

Supreme Court, 25 May 2021, n. 14370

⚖️ Cassazione - I Civ.
📅

Legal Principle

In theme of appeal of the praise per violation of the rules of right on merit of the dispute, art. 829, co. 3, cod. Proc. civ., like reformulated by art. 24 of Legislative Decree n. 40 of 2006, si apply, to senses of the provision transitory of to which in art. 27 of the itself decree, a all i judgments arbitration promoted after entry in vigor of the novel (2 March 2006). however, per stabi Lire if is admissible such appeal, the law, art. 829, co. 3, cod. proc. civ. refer, must be identified in that that in force per moment of the stipulation of the convention of arbitration, so, in case procedure arbitration activated after the entrance in vigor of the new discipline - ma in force of convention stipulated frontly - silence of the parts is the AR the AR t. 829, co. 2, Cod. proc. civ. in the text previous, that admits the appeal of the pit per violation of the rules inherent per merit , Salvo che the parts themselves had authorized the referees a judge second equity or had declared the praise not contestable.

Methodological Notes

standard

How to cite

Cassazione, 25/05/2021, n. 14370, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-25-may-2021-n-14370-en-1752196114/