Legal Principle

A declaration of nullity of an arbitral award on the ground that the tribunal lacked impartiality vitiates not only the final decision but all procedural activity conducted in those proceedings, including evidentiary rulings and evidence gathered, which cannot be relied upon in subsequent ordinary proceedings between the same parties, since the defect in the composition of the tribunal taints all activity carried out by a body lacking the power to adjudicate.

Methodological Notes

standard

How to cite

Corte di Appello di Napoli, 12/05/2026, n. 3616, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-judgment-of-12-may-2026-no-3616/

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