Court of Appeal of Florence, 12 October 2025, No. 1779
Legal Principle
The challenge to an arbitral award for breach of substantive law rules is admissible under Article 829, paragraph 3 of the Code of Civil Procedure only if such right is expressly provided by the parties in the arbitration clause or by law.
The defect of reasoning in an arbitral award under Article 829, paragraph 1, No. 5 of the Code of Civil Procedure occurs exclusively when the reasoning is entirely absent or so deficient as not to allow understanding of the logical process that determined the arbitral decision, or contains irreconcilable contradictions such as to render the ratio of the decision incomprehensible.
The arbitrator lacks jurisdiction to decide on the confirmation of protective attachment and related procedural costs, since such interim measure, once authorised by the ordinary court, remains governed by Article 669 duodecies of the Code of Civil Procedure and its implementation falls outside the decision-making power of the arbitrator who does not possess jus imperi.
Methodological Notes
standard