The determinations of the technical advisory board (collegio consultivo tecnico) have the nature of the contractual award provided for by art. 808 ter cod. proc. civ., unless the parties have expressed a different and reasoned intention in writing; an objection raised out of time in the proceedings is incapable of altering that characterisation.
The contractual-award nature of the determination made by the technical body entails, by reason of the parties’ waiver of recourse to the courts, that a claim brought before the court concerning the same questions already decided is inadmissible (improponibile), the only available remedy being the action to set aside provided for by art. 808 ter cod. proc. civ.
A formula by which the arbitral body declares the claims incapable of being allowed, giving as its reason the impossibility of establishing the rights asserted, constitutes a decision on the merits and not a purely procedural ruling.