Arbitration case law

ordinanza

Supreme Court, 4 July 2023, n. 18772

Cassazione — I Civ.

Legal principle

The referees incur in violation of the principle of the contradictory if they have declared decay one part for the late exercise of the faculties of propose questions and instances preliminary investigations, i.e. produce documents, if the chances decli nare such peremptory (not it was foreseen from the convention of arbitration, or a act deed written separate or by the regulation procedural by the same prepared, and in absence specification warning at regard at moment of the assignment of the terms.

Methodological notes

standard

Decision text and analysis

The+referees+incur+in+violation+of the+principle+of the+contradictory+if+they have+declared+decay+one+part+for+the+late exercise+of the+faculties+of+propose+questions+and+instances+preliminary investigations,+i.e.+produce+documents,+if the+chances+decli nare+such+peremptory (not+it was+foreseen+from the+convention+of+arbitration,+or+a+act+deed+written+separate+or+by the+regulation+procedural+by the+same+prepared,+and+in+absence+specification+warning+at+regard+at+moment+of the assignment+of the+terms.

How to cite

Cassazione — I Civ., 4 July 2023, No. 18772, «Supreme Court, 4 July 2023, n. 18772», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-4-july-2023-n-18772-en-1752204159/

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