Arbitration, Appeal for invalidity of the arbitration award, Concept of “prospective overruling”, Hermetic question of the art. 829, paragraph 3, of the Italian Civil Code, interlocutory order no. 20472 dated 02-03 / 08/2018, First section Supreme Court of Cassation

Art. 829, paragraph 3, c.p.c, art. 27 of the legislative decree n. 40 of 2006, Court of Constitution no. 13 of 2018

IMPROVEMENT FOR THE INVALIDITY OF THE ARBITRATION OF THE ARBITRATION – HISTORY OF ART. 829, COMMA 3, C.P.C., AS A NOVELLATO DALL’ART. 24 D.LGS. N. 40 OF 2006 – EXTENSION OF THE CONCEPT OF “PROSPECTIVE OVERRULING” – APPLICATION OF THE GENERAL PROVISION ON THE REIMBURSEMENT IN TERMS FOR “NON IMPUTABLE CAUSE” OF THE DECADENCE – MAXIMUM QUESTIONS OF PARTICULAR IMPORTANCE.

With regard to the appeal for invalidity of the arbitration award, the Sec. 1 has ordered the transmission of the documents to the First President, for the purpose of any possible referral to the Sec. U of the following major issues of particular importance:

a) if the concept of “prospective overruling” is extensible to the substantive law (which is considered the rule set by the new Article 829, paragraph 3 of the Code of Civil Procedure, according to the Court of Justice No. 13 of 2018) and beyond the changes in the consolidated guidelines of the judge of legitimacy;

b) if, in any case, with regard to the hermeneutical case of the aforementioned provision, as well as the transitory provision dictated by art. 27 of the legislative decree n. 40 of 2006, the general institution of the remission is applicable in terms of “non-imputable cause” of the forfeiture when a reasonable expectation had been created on the previous literal interpretation offered by the case law subsequently disregarded by that of legitimacy.

Source Supreme Court of Cassation