sentenza
No. 1077
Year: 2025

Court of Appeal of Ancona, 5 September 2025, No. 1077

⚖️ Corte di Appello di Ancona
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Legal Principle

In corporate arbitration, where the parties confer the power to appoint arbitrators upon the President of the Court, the relationship between the ordinary division and the specialised commercial division of the same judicial office does not concern jurisdiction but falls within the mere internal allocation of business, such that an appointment made by the President of the ordinary division rather than the specialised division does not render the award null and void.
In arbitral proceedings, the distinction between a peremptory time limit for filing documents with the adjudicating body and the obligation to communicate promptly to the opposing party is permissible when expressly provided for in the procedural rules, and filing with the tribunal within the prescribed time limit whilst communicating to the opposing party within reasonable time limits commensurate with the procedural timeline does not constitute a breach of the adversarial principle.
The challenge of an arbitral award for violation of substantive law rules, even when permitted by the arbitration agreement, remains subject to the constraints of restricted review analogous to those applicable to appeals to the Court of Cassation (Corte di Cassazione), precluding the court hearing the challenge from conducting detailed examination of the merits of the facts and merit-based assessments reserved to the arbitral tribunal.

Methodological Notes

standard

How to cite

Corte di Appello di Ancona, 05/09/2025, n. 1077, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-ancona-5-september-2025-no-1077-1761750885-1413/