ordinanza
No. 19278
Year: 2021

Supreme Court, 7 July 2021, n. 19278

⚖️ Cassazione - I Civ.
📅

Legal Principle

In the procedure arbitration, the existence of situations of incompatibility, suitable a compromise the impartiality of the components of the college, must be made worth by instance of recusal from proposed, at standard of art. 815 cod. Proc., The term Ten days from the notification of the nomination or from the surviving knowledge of the cause recusal, remaining, instead, irrelevant, to the fine validity of the praise, the situations incompatibility of which the part part is a knowledge after the decision. Oni, where not si translated into one absolute inability to the exercise of the function arbitration e, in gender, of the function judicial, not can be made worth not even through the appeal per nullity, expected the now acquired efficacy binding praise ttera of art. 829, co. 1, n. 3, cod. proc. civ., which circumscribers the inability ad being referee at hypothesis strictly foreseen by the Art. 812 Cod. Proc. civ. A Fortii such situation of claim incompatibility not can be to be deduced in the judgment for revocation of the praise.

Methodological Notes

standard

How to cite

Cassazione, 07/07/2021, n. 19278, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-7-july-2021-n-19278-en-1752196194/