Proceedings for the challenge of an arbitral award are composed of two phases: the first, rescinding phase, aimed at ascertaining any nullity of the award, and the second, rescissory phase, which follows the annulment and in the course of which the court proceeds to reconstruct the facts on the basis of the evidence adduced. In the rescinding phase the court is not permitted to make findings of fact, being required to confine itself to ascertaining the nullities committed by the arbitrators.
A ground of appeal is inadmissible where, by means of a challenge for nullity of the award, the assessment of the facts adduced and of the evidence gathered in the course of the arbitral proceedings is contested, since such assessment is contractually entrusted to the institutional competence of the arbitrators.
The nullity of the award under art. 829(1)(11) cod. proc. civ. is found where there is a conflict between parts of the operative provisions and not where the discrepancy lies between various heads of the reasoning or between certain passages thereof and the operative provisions, unless the logical irreconcilability is so serious as not to permit reconstruction of the reasons for the decision.