Court of Appeal of Turin, judgment of 30 June 2026, No. 1285

The time limit agreed for the rendering of a contractual arbitration (arbitrato irrituale) award does not affect the power of the person designated by the arbitration clause to appoint a substitute arbitrator, and the seat of arbitration fixed by the first arbitrator does not bind the parties where a new arbitrator is appointed.
In contractual arbitration (arbitrato irrituale) too, a decision ex aequo et bono does not prevent the arbitrator from referring to and applying rules of law as parameters of the reasoning leading to the decision.
There is no breach of the principle of due process under art. 808-ter, co. 2, n. 5, cod. proc. civ. where the parties were granted time limits for written submissions and replies and their applications for the taking of evidence were rejected by a reasoned decision.