ordinanza
No. 21059
Year: 2019

Supreme Court, 7 August 2019, n. 21059

⚖️ Cassazione - I Civ.
📅

Legal Principle

Not can be considered elements decisive per configure the referee irrital e per exclude the ritual nor the conferment to referees of the power of decide second equity, or In the clothes friendly composers (not being such specification of the criterion of definition of the controversy incompatible with the arbitration ritual, in which well they can referees being invested of the exercise of powers equitations), nor the preventive attribution to the ruling arbitration of the character of the inappellability (hypothesizable even with reference to praise from arbitration ritual, ex art. 829 code proc. civ.), nor the forecast of exemption of the referees from "formalities procedure" (forecast not incompatible with the arbitration ritual, a standard of art. 816 cod. proc. civ.), having to do instead enhance, to the fine of one correct reading of the will of the parts in the sense of the arbitration ritual, expressions terminological congruent with the activity of the "judge e " e with the result a a " judgment " in order ad a " controversy ". at the fine of distinguish between referee ritual and irritation, it is necessary interpret the clause compromise with reference al Data literal, to the common intention of the parts and at behavior overall of the themselves, without that the missed recall in the clause at formalities of the arbitration ritual deponga univocampo Authority in the sense of irremity of the arbitration, having to keep in mind of the greater guarantees offers from the arbitration ritual as to effectiveness executive of the praise and to regime of the appeals.

Methodological Notes

standard

How to cite

Cassazione, 07/08/2019, n. 21059, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-7-august-2019-n-21059-en-1752192584/