sentenza
No. 77
Year: 2026

Court of Appeal of Lecce, 29 January 2026, No. 77

⚖️ Corte di Appello
📅

Legal Principle

An arbitral award is not affected by nullity on the ground of inconsistency pursuant to Article 829 of the Code of Civil Procedure where the arbitrators separately assess different complaints on the basis of premises and reasons that lie on distinct levels of reasoning, albeit relating to connected conduct.
In proceedings challenging an arbitral award, complaints concerning the merits of the arbitrators' decision are relevant in the substitutive phase (fase rescissoria) and cannot be examined in the absence of grounds of nullity pertaining to the rescinding phase (fase rescindente).
A cross-appeal brought by the successful party in the arbitral proceedings against the judgment deciding the challenge to the award is inadmissible for lack of interest where the award has been upheld in its overall outcome, irrespective of the grounds that were upheld or rejected.

Methodological Notes

standard

How to cite

Corte di Appello, 29/01/2026, n. 77, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-lecce-29-january-2026-no-77-1774443268-8086/