Arbitrators authorized to decide according to equity (arbitri autorizzati a decidere secondo equità) may legitimately resolve the dispute by applying rules of law when they consider that in the case before them law and equity coincide, without being required to demonstrate such coincidence. A violation of the limits of the arbitration agreement (compromesso) is configured only when arbitrators deny a priori the possibility of exercising the equitable powers conferred upon them.
The nullity of the award for contradictory provisions, as provided for in Article 829, subsection 1, No. 11, of the Code of Civil Procedure (cod. proc. civ.), requires such incompatibility between the operative parts of the award, or between parts of the reasoning thereof, as to render impossible the reconstruction of the ratio decidendi. Internal contradiction between different parts of the reasoning assumes relevance as a defect only when it determines the absolute impossibility of reconstructing the logical-legal reasoning underlying the decision due to total absence of reasoning that conforms to its functional model.
The nullity of the award for contradictory provisions under Article 829, subsection 1, No. 11, of the Code of Civil Procedure requires positive verification of contradiction between the various operative parts of the award, or between what is decided in the operative part and what is established in the reasoning. Mere internal contradiction of the reasoning is not relevant.**