Arbitration case law

ordinanza

Supreme Court, 29 September 2015, n. 19311

Cassazione — I Civ.

Legal principle

When the parts not they have the application in the procedure arbitration of the respect of the forms of the judgment ordinary, the question of the lesion of the contradictory must be being examined not below the aspect of the violation, on the plane formal, a prescription preordinate principle, ma in the scope a a search vault to the assessment of one actual negation of the possibility of deduct and of contradict, waves check if the act has equally reached the purpose of establish a regular contradictory and if, anyway, non -compliance not has caused prejudice to part.

Methodological notes

standard

Decision text and analysis

When+the+parts+not+they have+the application+in the+procedure+arbitration+of the+respect+of the+forms+of the+judgment+ordinary,+the+question+of the+lesion+of the+contradictory+must be+being examined+not below+the aspect+of the+violation,+on the+plane+formal,+a+prescription+preordinate+ +principle,+ma+in the scope+a+a+search+vault+to the assessment+of+one+actual+negation+of the+possibility+of+deduct+and+of contradict,+waves+check+if +the act+has+equally+reached+the+purpose+of+establish+a+regular+contradictory+and+if,+anyway,+non -compliance+not+has+caused+prejudice+to+part.

How to cite

Cassazione — I Civ., 29 September 2015, No. 19311, «Supreme Court, 29 September 2015, n. 19311», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-29-september-2015-n-19311-en-1752182359/

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