In contractual arbitration (arbitrato irrituale), the contractual content of the award is not limited to the determinations set out in the operative part of the decision, but also includes the ascertainment of the rights and obligations of the parties, which constitutes its logical-legal basis, analogously to what occurs in institutional arbitration.
The judicial declaration of nullity of a contractual arbitration award, once it becomes final, results in the loss of the contractual title upon which the claim arising from the arbitral decision is founded, with the consequent automatic nullification of the injunctive decree obtained on the basis of that award, as it has become sine titulo.
The submission of the dispute to arbitration precludes a party, even in opposition proceedings to an injunctive decree based on the award, from claiming payment on a different basis from the contractual title constituted by the arbitrators’ decision, the parties having committed themselves to consider that decision as an expression of their will.