Court of Avezzano, order of 22 May 2026 (R.G. 00000286/2026)
Legal Principle
An arbitral award containing both a constitutive head and a consequential restorative or condemnatory head is susceptible of enforcement under art. 282 of the Code of Civil Procedure, once it has been declared enforceable under the procedure set out in art. 825 of the Code of Civil Procedure.
The integration and correction of the award under art. 826 of the Code of Civil Procedure are admissible where the arbitrator, in compliance with the adversarial principle, clarifies the content of the operative part by specifying the consequential orders flowing from the annulment pronounced.
Where the appointed arbitrator conducts the arbitral proceedings in the form of arbitration and the parties accept this, the award is subject to the regime of arbitration, notwithstanding the fact that the statutory arbitration clause provided for contractual arbitration (arbitrato irrituale).
Methodological Notes
standard