When a company changes its articles of association after making an arbitration agreement, this does not alter the company itself nor does it change the original arbitration clause. The procedural rules that apply must be determined by looking at when the arbitration agreement was made, not when the articles were changed, in relation to Legislative Decree No. 40/2006 coming into force.
When a party seeks to overturn an arbitral award under Article 360, paragraph 1, No. 5 of the Code of Civil Procedure, they must show that the court failed to consider a real historical fact - whether major or minor - that actually happened. This fact must appear in the judgment or court papers, must have been argued between the parties, and must be decisive to the outcome. A party cannot complain merely because the court examined the evidence differently, provided the court did consider the relevant facts.
Article 829, paragraph 3 of the Code of Civil Procedure refers to "public policy". This must be interpreted narrowly. It means only the fundamental and binding rules of our legal system. It does not include every rule that cannot be contracted out of.