The challenge of an arbitral award has a rescindente structure, so that the re-examination of the merits does not form the principal object of the ground of appeal and may be reached only as a secondary step, upon a positive assessment of a ground of nullity among those expressly listed in art. 829 of the Code of Civil Procedure.
The question of a breach of the right to be heard in arbitral proceedings must be examined not from a formal standpoint but through an inquiry aimed at ascertaining whether there has been an actual impairment of the opportunity to present arguments and to respond; the nullity of the award must be declared only where, in addition to the allegation of the defect, the specific prejudice it has caused to the right of defence is identified.
The setting by the arbitrators of peremptory time limits for the parties is lawful, by analogy with the provisions of the Code of Civil Procedure.