Court of Appeal of Bologna, order of 28 August 2026 (R.G. 00000583/2025)

The review of regularity entrusted to the court by art. 825 cod. proc. civ. requires verification that the conditions necessary for the award to be declared enforceable are met, including that it derives from proceedings in arbitration proper.
The decree declaring the award enforceable is open to complaint and must be set aside, in so far as the relevant heads of the award are concerned, where the dispute, by virtue of the arbitration clause in the articles of association, ought to have been decided by way of contractual arbitration (arbitrato irrituale) ex aequo et bono, the parties being precluded from altering the nature of the arbitration otherwise than in the forms prescribed by those articles.
The parties' power to remove a dispute from the jurisdiction of arbitrators in favour of the ordinary court does not imply a power to derogate, in the course of the proceedings, from the arbitration clause in the articles of association which governs the nature of the arbitration.