Court of Appeal of Brescia, judgment of 14 July 2026, No. 721

Following the 2006 reform, a challenge to the award for breach of the rules of law governing the merits of the dispute is admissible only where expressly provided by the parties or by statute, save in the case of contrariety to public policy; absent such provision, the award may be challenged only for procedural errors.
Proceedings challenging the award have as their subject matter exclusively the review of the lawfulness of the arbitral decision and not the re-examination of the merits, so that the findings of fact made by the arbitrators, including the interpretation of the contract in dispute, cannot be impugned, unless the reasons given on the point are entirely lacking or wholly inadequate.
A ground of challenge which, while formally alleging the breach of rules of law, in reality seeks a fresh interpretation of the contract or a different appraisal of the imputability of the breach, is inadmissible.
In the rescinding stage no findings of fact may be made, the court hearing the challenge being confined to ascertaining the grounds of nullity of the award arising from errors in procedendo or from non-compliance with the rules of law within the limits of art. 829 cod. proc. civ.; the assessment of the facts and of the evidence taken in the arbitral proceedings, entrusted by agreement to the arbitrator, cannot be contested by way of a challenge for nullity.