Arbitration case law

ordinanza

Supreme Court, 28 October 2015, n. 22007

Cassazione — I Civ.

Legal principle

The changes made in art. 829 of the Italian Civil Code civ. From the law of reform of to which to d.lgs. 2 February 2006, n. 40 are times to delimit the area appeal of the lodo arb Itral, where le conventions concludes before of its entry in vigor they continue ad being adjusted from the law previgent, that it ordered the challenging of the praise per purple tion of the substantial law, a less that the parts not they had established differently; nor it follows which, in defect a a provision that nor sancisca the nullity or that obligation hi le parts ad adapt them to the new model, the salvation of such conventions must be considered inherent in the system, albeit in defect of an explicit forecast of the rule transitory.

Methodological notes

standard

Decision text and analysis

The+changes+made+in art.+829+of the Italian Civil Code+civ.+From the+law+of+reform+of+to which+to+d.lgs.+2+February+2006,+n.+40+are+times+to+delimit+the area+appeal+of the+lodo+arb Itral,+where+le+conventions+concludes+before+of its+entry+in+vigor+they continue+ad+being+adjusted+from the+law+previgent,+that+it ordered+the challenging+of the+praise+per+purple tion+of the+substantial law,+a+less+that+the+parts+not+they had+established+differently;+nor+it follows+which,+in+defect+a+a+provision+that+nor+sancisca+the+nullity+or+that+obligation hi+le+parts+ad+adapt them+to the+new+model,+the+salvation+of+such conventions+must be considered+inherent+in the+system,+albeit in+defect+of+an explicit+forecast+of the+rule+transitory.

How to cite

Cassazione — I Civ., 28 October 2015, No. 22007, «Supreme Court, 28 October 2015, n. 22007», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-28-october-2015-n-22007-en-1752182397/

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