The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties’ intention, but for the purposes of identifying the means of challenge against the award, what matters is not the nature of arbitration provided for by the parties, but rather the nature of the act actually performed by the arbitrators: an award rendered in the forms prescribed by Articles 816 et seq. of the Code of Civil Procedure may be challenged pursuant to Article 827 of the Code of Civil Procedure, even if the arbitration agreement or arbitration clause provides for contractual arbitration (arbitrato irrituale).
Actions for liability against members of corporate bodies are arbitrable insofar as they involve available patrimonial rights, as evidenced by the express admission of waiver and settlement pursuant to Articles 2476, paragraph 5, and 2393, paragraph 6, of the Civil Code.
An objection regarding lack of jurisdiction of the arbitrator not raised in the arbitral proceedings cannot constitute grounds for challenging the award pursuant to Article 817 of the Code of Civil Procedure.
Challenge of an award for violation of rules of law relating to the merits of the dispute is permitted only if expressly provided for by the parties or by law, pursuant to Article 829, paragraph 3, of the Code of Civil Procedure, such that the evaluation of facts alleged and evidence acquired during the arbitral proceedings cannot be contested by means of challenge for nullity of the award.