Arbitration case law

ordinanza

Supreme Court, 25 September 2015, n. 19075

Cassazione — I Civ.

Legal principle

Speaking to referees the power of check the regularity of the their investiture ad opera of the contractors, the sentence declarative of the unproponibility of the question, per being the same D evolved to competence arbitration, not has efficacy binding in their comparisons, as much as to existence legal and to validity of the clause incomplete; the non -failure challenge of the P RETTADETA Statuition involves therefore the formation of one judged merely formal, the efficacy preclusive, limited at the process in which it is pronounced, not prevents the re -proposal d Ella question in a different judgment before ad other authority judicial, and not si extends however at the procedure arbitration, the which not constitutes a continuation of the judgment ordinary.

Methodological notes

standard

Decision text and analysis

Speaking+to+referees+the+power+of+check+the+regularity+of the+their+investiture+ad+opera+of the+contractors,+the+sentence+declarative+of the unproponibility+of the+question,+per+being+the same+D evolved+to+competence+arbitration,+not+has+efficacy+binding+in+their+comparisons,+as much as+to existence+legal+and+to+validity+of the+clause+incomplete;+the+non -failure+challenge+of the+P RETTADETA+Statuition+involves+therefore the+formation+of+one+judged+merely+formal,+the++efficacy+preclusive,+limited+at the+process+in which it is+pronounced,+not+prevents the+re -proposal+d Ella+question+in+a different+judgment+before+ad+other+authority+judicial,+and+not+si+extends+however at the+procedure+arbitration,+the+which+not+constitutes+a+continuation+of the+judgment+ordinary.

How to cite

Cassazione — I Civ., 25 September 2015, No. 19075, «Supreme Court, 25 September 2015, n. 19075», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-25-september-2015-n-19075-en-1752182348/

Share this decision