The presumption that arbitration clauses contained in contracts subject to consumer protection regulation are unfair may be overcome by the professional demonstrating that the introduction of such clauses was the subject of specific negotiation with the consumer.
The nullity sanction provided by Article 829, paragraph 1, N. 11, of the Code of Civil Procedure for awards containing contradictory provisions must be understood in the sense that such contradiction must emerge between the different components of the operative part, or between the reasoning and the operative part, whilst internal contradiction between different parts of the reasoning may assume relevance as a defect of the award only insofar as it renders absolutely impossible the reconstruction of the logical and legal reasoning underlying the decision due to total absence of reasoning referable to its functional model.