sentenza
No. 1114
Year: 2025

Court of Appeal of Bologna, 20 June 2025, N. 1114

⚖️ Corte di Appello di Bologna
📅

Legal Principle

Defective reasoning in an arbitral award constitutes a defect referable to Article 829, paragraph 1, N. 5, of the Code of Civil Procedure, in relation to Article 823, paragraph 1, N. 3, of the same code, and not to Article 829, paragraph 1, N. 4, of the Code of Civil Procedure.
Defective reasoning in an arbitral award may be found only in the case where the reasoning is entirely absent or is so deficient as not to permit identification of the ratio of the decision adopted or to denote an argumentative process absolutely unacceptable on the dialectical plane, so as to resolve into non-reasoning.
Equitable liquidation of damage operated by the arbitrator does not entail nullity of the award when the arbitrator has given adequate account of the reasoning followed to reach the decision and has specified the reasons that led him to the equitable assessment, referring to the evidential material that emerged in the proceedings.

Methodological Notes

standard

How to cite

Corte di Appello di Bologna, 20/06/2025, n. 1114, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-bologna-20-june-2025-n-1114-1755251871-4853/