Find application also in the judgment arbitration the principle, elaborate with reference to judgment ordinary, second the which in the case in the judge examines ex officio a question of pure right, without proceed to its signal at parts waves allow on of it the opening of the discussion (c.d. third via), not the nullity of the judgment, in to (undisputed the violation ethical from part of the judge) from such omission non drift the consumption of other vice procedural different from the error iuris in iudicando or from The error in iudicando de iure procendi, the to which complaint in headquarters of legitimacy allows the cassation of the sentence only if this one error is in concrete consumed: if instead si trat TI of questions of fact, or mixed of fact and of right, the part loss can dolersi of the decision, supporting that the violation that duty of indication ha vulnerate the Faculty of ask tests o, in hypothesis, of obtain one possible remittance in terms, with the consequence which, where si traits of sentence first degree appellable, can be proposed spec IFICO Come on of appeal only at the fine of removing a few preclusions (species in material of counter-access or of tests not indispensable), without needs of to reach more radical s Olil of the remittance in first degree, save the test, in cases well specific and determined, that is it is truly state and irreparably vulnerate the same value of the contradictory.