The clause compromising that provides the appointment of the third referee by agreement of the parts not is affection from nullity, to senses of art. 809 cod. Proc. Civ., Per failure determination of the modes of nomination such referee, keen account nom nom ina itself not is impossible implementation practice, because, in defect of agreement, application analog art. 810 cod. proc. civ., with consequent chances the parts parts ask that it is it is carried out by the president of the court.