Court of Genoa, judgment of 2 July 2026, No. 3311

The means of challenge against an award depends on the nature of the award actually rendered, so that an award which the arbitrators have, with reasons, characterised as rendered in contractual arbitration (arbitrato irrituale) must be challenged before the court of first instance.
An award rendered in contractual arbitration (arbitrato irrituale) cannot be challenged for nullity but only by an action for annulment in the cases exhaustively listed in art. 808-ter cod. proc. civ., even where its invalidity is alleged to derive from the nullity of the arbitration clause.
A challenge to the award for invalidity of the arbitration agreement is inadmissible where brought by the party that caused that invalidity by itself commencing the arbitral proceedings and maintaining that they were contractual in nature, in breach of the prohibition of venire contra factum proprium.
Contractual arbitration (arbitrato irrituale) for the settlement of disputes concerning disposable rights is always permitted, unless expressly prohibited by law, including in corporate matters and for in-house companies, and a reference in the articles of association to arts. 35 and 36 d.lgs. 5/2003 must be construed within the limits of its compatibility with contractual arbitration.
Acquiescence in an award, as an act disposing of the right to challenge, must be unequivocal and must come from the holder of that right or from an attorney holding a special power.