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mero arbitrio

English translation: absolute discretion

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:mero arbitrio
English translation:absolute discretion
Entered by: Grace Anderson
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14:38 Oct 22, 2002
Italian to English translations [PRO]
Law/Patents
Italian term or phrase: mero arbitrio
Nel caso di clausole nulle è conferito agli arbitri il potere di integrare convenientemente il contratto con previsioni pattizie conformi quanto più possibile allo spirito delle clausole nulle. Al riguardo vengono conferiti agli arbitri poteri di arbitratori, in termini, ex art. 1349 cod. civ., di “mero arbitrio”.
Grace Anderson
Italy
Local time: 15:15
absolute discretion
Explanation:
Basically, article 1349 allows the parties to nominate a third party to act as an arbitrator in situations like the once described in your clause. Arbitrators may be empowered make a decision relying on either their "absolute discretion" or "reasonable discretion" and in the later case valid criteria must be used.
Selected response from:

Richard Boyce
Local time: 15:15
Grading comment
Brilliant, thanks very much Richard - I'm noting the details of the book you cite, too.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5absolute discretionRichard Boyce


  

Answers


1 hr   confidence: Answerer confidence 5/5
absolute discretion


Explanation:
Basically, article 1349 allows the parties to nominate a third party to act as an arbitrator in situations like the once described in your clause. Arbitrators may be empowered make a decision relying on either their "absolute discretion" or "reasonable discretion" and in the later case valid criteria must be used.


    Own experience and "Italian Law of Contract", Criscuoli & Pugsley, 1991.
Richard Boyce
Local time: 15:15
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 307
Grading comment
Brilliant, thanks very much Richard - I'm noting the details of the book you cite, too.
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