sentenza
No. 4286
Year: 2025

Court of Appeal of Rome, 7 July 2025, N. 4286

⚖️ Corte di Appello di Roma
📅

Legal Principle

The contradiction in an award pursuant to Article 829, number 11, of the Code of Civil Procedure relevant for purposes of challenge for nullity must emerge between the different components of the operative part or between the reasoning and the operative part, whereas internal contradiction between the different parts of the reasoning is not relevant as a defect except when it prevents reconstruction of the logical-juridical process underlying the decision by reason of total absence of reasoning reducible to its functional model.
There is no omitted pronouncement pursuant to Article 829, number 12, of the Code of Civil Procedure when the arbitral tribunal does not pronounce on procedural objections whose evaluation is absorbed by rejection of the principal claim to which they refer.
Objections introduced for the first time in the concluding written submissions of arbitration proceedings are irregularly formulated, and the arbitral tribunal may correctly abstain from pronouncing on them.

Methodological Notes

standard

How to cite

Corte di Appello di Roma, 07/07/2025, n. 4286, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-rome-7-july-2025-n-4286-1759504882-6086/