Supreme Court, 5 December 2023, n. 33921
Legal Principle
If the parts not have determined, in the compromise or in the clause compromise, the rules procedural from adopt, the referees are free of regular the articulation of the procedure in the way that they consider more op portuno, even discostating from the prescriptions dictates from the code of ritual, the only limit of the respect of the asset principle of the contradictory, place by art. 101 cod. proc. civ., the which, however, va app amente adapted to the judgment arbitration, in the sense that must be to be offer at parts, at the fine of of they allow them an adequate activity defensive, the possibilities of expose i respective assumptions, by examine and the le pro ve e le results of the process, even after the fulfillment of the investigation e up to at moment closing of the treatment, as well as to submit memories and replicas and know time useful the instances and requests.
Methodological Notes
standard