Court of Appeal of Bari, judgment of 6 August 2026, No. 1052

A declaration that the award is void by reason of the invalidity of the arbitration clause, founded on the arbitrators' complete lack of potestas iudicandi, requires the interested party to re-commence the proceedings before the ordinary court within the mandatory time limit of three months from notification of the decision, pursuant to art. 50 cod. proc. civ.
Failure to re-commence the proceedings within the mandatory time limit following the final determination that the arbitration clause is invalid precludes the preservation of the substantive and procedural effects of the request for arbitration, with the consequence that the running of the limitation period cannot be held to have been interrupted.
An award rendered pursuant to an arbitration clause contrary to the provisions in force ratione temporis which prohibited the reference of the relevant disputes to arbitrators is void under art. 829, co. 1, no. 1, cod. proc. civ.