Court of Appeal of Reggio Calabria, 6 February 2026, No. 125
Legal Principle
An arbitral award containing mutually contradictory provisions in its dispositif is vitiated by nullity pursuant to Article 829(11) of the Code of Civil Procedure, limited to that part in which the logical-legal incompatibility between the different rulings manifests itself.
The effects of an arbitral award are produced exclusively as between the parties constituted in the arbitral proceedings and are not capable of being extended to persons who did not participate therein, even if they hold analogous legal positions.
Arbitrators may not rule on questions that exceed the limits of the arbitration agreement, on pain of nullity of the award for breach of Article 829(4) of the Code of Civil Procedure, the arbitration agreement being required to be construed according to its objective content.
The failure to rule on questions falling outside the scope of the arbitration agreement, or on complaints formulated in generic terms without specific articulation of the grounds of illegality, does not constitute the defect of failure to adjudicate within the meaning of Article 829(10)–(12) of the Code of Civil Procedure.
Defects in the arbitral award must be raised by way of challenge to the award within the time limits prescribed by law, and it is not permissible to rely, in challenge proceedings against a subsequent award, on defects relating to earlier awards that were not challenged in due time.
Methodological Notes
standard