sentenza
No. 2772
Year: 2025

Court of Appeal of Naples, 31 May 2025, N. 2772

⚖️ Corte di Appello
📅

Legal Principle

The adversarial principle in arbitral proceedings must be understood as requiring, even within freedom of arbitral procedural forms, guaranteeing parties equal rights and opportunities to be heard and to contradict.
Contradictory provisions defects in awards under Article 829, paragraph 1, no. 11 of the Civil Procedure Code do not concern inconsistent reasoning hypotheses but rather conflicts between various parts of operative provisions that are so contradictory and irreconcilable as to render pronouncements substantially unenforceable.
Contradictory provisions defects in awards may consist of reasoning contradictions of such gravity as to render reasoning absolutely incomprehensible and translate into substantial non-existence thereof, not manifesting within terms of Article 360 no. 5 of the Civil Procedure Code.
Award challenges for violation of legal rules relating to dispute merits under Article 829, paragraph 2, of the Civil Procedure Code are admissible only when expressly provided in arbitration agreements.

Methodological Notes

standard

How to cite

Corte di Appello, 31/05/2025, n. 2772, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-31-may-2025-n-2772-1752845233/