In the procedure arbitration the omitted observance of the principle of the contradictory (sanctioned by art. 816-bis, co. 1, cod. Proc.) vice formal, ma of activities. ne noud that, to finical of the declaration of nullity, it is necessary ascertain the concrete impairment of the Ritto of defense, keeping account of the mode of the comparison between the parts (having regard at respective claims) and of the possibilities, per le themselves, exercise, in respect of the rule audiatur et altera pars, on a plane equality the procedural faculties .
Where the parts not have tied the referees to compliance of the procedure ordinary, these are free regular the performance of the judgment in the way considered more appropriate, also, therefore, allowing to compromising, In the area of the terms of the clause compromise, of modification and expand the initials questions - without possibilities evoke the articles 183 and 184 cod. proc. civ. -, as long as it is it is observed the principle of the contradictory.