The qualification of an arbitration as institutional or contractual (arbitrato irrituale) cannot be based exclusively on the designation attributed by the parties, as the judge must infer the actual intention of the parties through examination of the arbitration agreement and its implementation, considering the purposes pursued and the powers conferred upon the arbitrator.
In case of interpretative uncertainty regarding the nature of the arbitration, the residual criterion must be applied which accords prevalence to the institutional qualification, in consideration of the greater guarantees offered regarding enforceability, the regime of appeals and the possibility of obtaining a stay.
Appeal to the collegiate court does not constitute an available remedy against the decree granting exequatur to an arbitral award, as the interested party must use exclusively the challenge provided for by art. 825 final paragraph of the Code of Civil Procedure.
The enforceability decree erroneously issued for a contractual arbitration award (arbitrato irrituale) does not produce the effects of art. 825 of the Code of Civil Procedure and cannot form the basis for enforcement proceedings, with the party being able to resort to ordinary contractual remedies or to opposition against any enforcement proceedings commenced in the absence of proper title.