Supreme Court, 7 July 2021, n. 19282
Legal Principle
In theme of arbitration, if the parts not have determined, in the compromise or in the clause compromise, the rules procedural from adopt, the referees are free regular the articulation of the procedure in the way that They consider more appropriate, even discostating from the prescriptions dictates from the code of ritual, with the only limit of respect of the DEEGABLE principle of the contradictory, place by art. 101 cod. proc. civ., the which, however, , It should be more appropriately adapted to the judgment arbitration, in the sense that must be offer at parts, at the fine of to allow them an adequate activity defensive, the chances expose i respective assumptions, by examine and analyze The tests and le results of the process, even after the fulfillment of the investigation e up to at the moment of the closing of the treatment, as well as to submit memories and replicas and know in time useful the instances and requests.
Methodological Notes
standard