Supreme Court, 6 October 2020, n. 21497
Legal Principle
Art. 819-ter of the Italian Civil Code civ. Provides expressly that in the relationships between arbitration and trial judicial not si applies art. 295 cod. Proc . civ. at themselves conclusions si reached pure in application of the previous legislation. this because the ratio of prejudice between d ue controversies, che imposes to the judge of suspend the process ai senses of art. 295 cod. proc. civ., appeals only the decision of the first influence the pronunciation that must be to be yield on the second, in the sense that is iDonea In Lite e che can, therefore, therefore, abstractly configure the conflict between judged. nor it follows that the private nature of the arbitration and of the provision che der, excluding the danger of a contrast of judged, prevents even the possibilities the judge Use in wait of the definition of one quarrel pendant in front of to referees or in ratio to which is it is expected the definition a half referee, given the negotiale negotiale of the arbitration (orientation, this, now now exceeded, the the nature nature of the arbitration ritual).
Methodological Notes
standard