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Court of Appeal of L’Aquila, 12 January 2026, No. 46

An arbitral award is void pursuant to Article 829(1)(4) of the Code of Civil Procedure where it has decided the merits of the dispute in circumstances in which the merits could not be decided by reason of the lack of standing of the party that commenced the arbitration.
An error of law relating to the merits of the arbitral decision constitutes a defect amenable to challenge pursuant to Article 829(3) of the Code of Civil Procedure only if expressly provided for by the parties and by law, or where the decision is contrary to public policy.
The Court of Appeal, in proceedings for the challenge of an arbitral award, decides the dispute on the merits only in cases of annulment of the award on the grounds expressly specified in Article 830(2) of the Code of Civil Procedure.

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