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Court of Appeal of Genoa, 19 December 2025, No. 1397

In matters of challenge to an arbitral award, the contradiction relevant pursuant to Article 829, paragraph 1, No. 11 of the Code of Civil Procedure does not correspond to the defect referred to in Article 360, paragraph 1, No. 5 of the Code of Civil Procedure, but must emerge between the different components of the operative part, or between the reasoning and the operative part, whereas internal contradiction between different parts of the reasoning is not relevant as a defect in itself, but only when it prevents the reconstruction of the logical and legal reasoning underlying the decision due to the total absence of reasoning referable to its functional model.
In matters of corporate arbitration governed by Articles 34-36 of Legislative Decree 5/2003, third-party intervention in arbitration proceedings is inadmissible where made after the first hearing or in any event after the time limit corresponding to the first evidentiary memorial, pursuant to Article 35, paragraph 2 of Legislative Decree 5/2003.
In matters of challenge to an arbitral award for nullity, the failure to raise a timely objection in the arbitration proceedings concerning the lack of representative powers of the person who granted the power of attorney determines the forfeiture of the related challenge, as such defect cannot be raised for the first time in proceedings to challenge the award.
For arbitration clauses entered into after the entry into force of Legislative Decree 40/2006, challenge to the arbitral award for violation of the rules of law relating to the merits of the dispute is not available pursuant to Article 829, paragraph 3 of the Code of Civil Procedure, unless the parties have expressly provided for such ground of challenge.

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