Where the subject matter of the arbitral proceedings is the validity of resolutions of the general meeting, the award may be challenged also for breach of the rules of law governing the merits of the dispute, under arts. 838-quater and 829, co. 3, cod. proc. civ. read together, and this even where the arbitration clause authorises the arbitrators to decide ex aequo et bono or by an award not open to challenge.
A challenge to the award which, under the apparent guise of an alleged breach of law, in truth seeks a reassessment of questions of fact is inadmissible, whereas a challenge alleging errors of judgment consisting in the erroneous subsumption of the facts under the legal rule, in the false application of substantive provisions or in the breach of the canons of interpretation is admissible.
A party’s interest in challenging the award does not lapse by reason of a supervening event whose effects have already been assessed by the arbitral tribunal in a ruling not specifically challenged.
The dismissal of the challenge for nullity entails confirmation of the head of the award concerning the allocation of the costs of the arbitral proceedings and the fees of the arbitral tribunal.