Supreme Court, 28 February 2019, n. 5824
Legal Principle
Art. 829, co. 1, n. 1, cod. Proc. Civ admits the appeal per nullity of the praise emitted with arbitration ritual, any preventive renunciation, only where the praise is invalid; such provision fa salvo the barrier procedural of to which in art. 817, co. 3, cod. proc. civ. for each other exception e different from the inherent to non -existence or disability of the clause compromise. more precisely, the standard of which in the article 817, co 2., cod. PR oc. civ. establishes that the part that does not exceed in the first defense subsequent to acceptance of the referees the incompetence of these non -existence, inv Alidity e ineffective of the convention of arbitration not can per this reason challenge the praise, Salvo the case of controversy not arbitables, in this racco Rdandei al arranged of to which in art. 829, co. 1, n. 1 cod. proc. civ. the missed proposition, in the course of the procedure referee, of the exception of incomp Etenance of the referees (on the assumption che le conclusions of the counterpart exorbitant from the limits of the compromise), determines a simple effect preclusive of the The relative action per nullity and not matters, instead, that between the parts si must consider concluded a new compromise per enlarge the subject of the decide.
Methodological Notes
standard