Regarding nullity of arbitral awards for violation of rules on the appointment of arbitrators, the objection may be raised pursuant to Article 829, paragraph 2, of the Code of Civil Procedure only if it was pleaded in the arbitral proceedings.
Regarding public procurement and arbitration, the objection of forfeiture for failure to timely register claims in the accounting register, raised by the contracting authority, places upon the contractor the burden of proving compliance with the formalities prescribed by Article 31 of Ministerial Decree No. 145/2000 according to the procedures and within the time limits established by law.
In proceedings for setting aside an arbitral award for violation of law, the contracting authority satisfies the burden of specificity of the ground by indicating the allegedly violated provision and describing the contested formal breach, without having to detail the specific evidential elements that should be examined by the court.
The court hearing the case on remand in proceedings for setting aside an arbitral award is bound by the principle of law established by the Court of Cassation on the decisive points of the dispute and may not call into question their decisive character, retaining the power to proceed with a fresh evaluation of the facts according to the directions of the quashing judgment.