In proceedings to set aside an arbitral award, the party bears the burden of producing the file of the relevant proceedings, by making an express request to the secretary of the arbitral tribunal, given the private-law nature of arbitral proceedings and the absence of the organisational and structural elements indispensable for the application of Article 347, final paragraph, of the Code of Civil Procedure.
Proceedings to set aside an arbitral award on grounds of nullity constitute proceedings in which the challenge is confined to specified grounds, available only in respect of specific errors in procedendo expressly provided for by Article 829 of the Code of Civil Procedure, the rule of specificity in the formulation of grounds of challenge being applicable, in view of the rescinding nature of the proceedings.
Nullity of the award on the ground of inconsistency pursuant to Article 829, paragraph 1, No. 11, of the Code of Civil Procedure must arise between different components of the operative part, or between the reasoning and the operative part, whereas an internal inconsistency between different parts of the reasoning may be relevant as a defect in the award only where it renders it absolutely impossible to reconstruct the logical and legal reasoning underlying the decision owing to the total absence of reasoning referable to its functional model.
A defect in the reasoning of the arbitral award as a defect falling within Article 829, paragraph 1, No. 5, of the Code of Civil Procedure is found only where the reasoning of the award is wholly absent or so deficient as not to allow identification of the ratio of the decision adopted, or as to denote an argumentative process that is absolutely unacceptable on a dialectical level, so as to amount to a non-reasoning.
The challenge of arbitral awards for errors in iudicando pursuant to Article 829, paragraph 3, of the Code of Civil Procedure, in the text introduced by Article 24 of Legislative Decree No. 40/2006, is permitted only where expressly so provided by the parties or by statute.