The suspension of time limits provided for by the arbitration rules referred to in the arbitration clause applies to the calculation of the time limit for the filing of the arbitral award.
The condition of admissibility of the arbitral claim arising from the obligation to attempt mandatory mediation is satisfied where the same issues and the same factual substratum as those forming the subject of the subsequent arbitral claim have been submitted to mediation, irrespective of any formal coincidence in the formulation of the claims.
Pursuant to Article 829(3) of the Code of Civil Procedure, the concept of public policy relevant for the purposes of challenging an arbitral award must be interpreted restrictively, as a reference limited to the fundamental and mandatory rules of the legal order, a notion of public policy coinciding with the totality of mandatory rules being excluded.
An arbitration clause entered into after the amendments introduced by Legislative Decree No. 40/2006 precludes the challenge of an arbitral award for breach of the rules of law relating to the merits of the dispute.
Findings of fact made by the arbitrator are not subject to review in proceedings for the challenge of the arbitral award.