Supreme Court, SS.UU., 28 December 2020, n. 29655
Legal Principle
Not exists conflict positive of jurisdiction, denunciation to senses of art. 362, co. 2, cod. Proc. Civ., In relationships between the judge ordinary and a court arbitral constituted abroad, expected i gi Eudi special mentioned by the cited rule must belong to the legal judicial system Italian (council of state, courtyard of the Auditors, administrative regional courts, etc.), in report which only The Corte Supreme of Cassation SI PS like Judge of the Conflicts. the Power Solution In word not can, per converse, be exercised when the conflict not concerns judges of the internal system, expected che le autonomous decisions that i judges or the arbitrators foreigners assume in merit to their jurisdiction, remain to a one evaluation not denunciation to senses of art. 362, co. 2, cod. proc. civ.
Methodological Notes
standard