Defeat of the principle of multiple instances in arbitration
Keywords:
Principles, Rules, Defeasibility, Conflict in the abstract, Conflict in the caseAbstract
If an arbitration the parties agree or not configured, before or during the course of the arbitral process, enabling it to go to a second instance through appeal against the award, they do so under the principle of determination. The parties do not enter into discussion for a possible agreement not to reject the principle but rather are using it. But a disagreement totally reject the principle of determination. So, with that any recourse to a means of challenge is restricted. There being no agreement then the principle is defeated by Article 62 of Legislative Decree 1071. Then the principle of plurality of instances is defeated at the same time for the same item.
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