In determining the means of challenge against an award, under art. 808-ter cod. proc. civ. or art. 827 cod. proc. civ., the label given to the award by the arbitrators is not decisive; regard must be had to the substance of the arbitration agreement and to the actual intention of the parties.
Following the introduction of art. 808-ter cod. proc. civ., the choice of contractual arbitration (arbitrato irrituale) must be express, that is explicit and unequivocal; failing this, any doubt as to the parties’ actual intention is resolved in favour of arbitration.
Service of the award on the counsel of record in the arbitral proceedings triggers the short time limit for an action to set aside the award under art. 828, co. 1, cod. proc. civ.; failure to comply with it renders the challenge inadmissible, and this may be raised by the court of its own motion.