The appointment of a special curator made by the arbitral tribunal in the course of proceedings on the merits, in order to protect a party whose representative has a conflict of interest, serves procedural needs specific to the merits phase and does not extend to the subsequent phase of enforcement of the award, in which the activity of the legal representative is circumscribed and devoid of any discretionary element capable of giving rise to a current conflict between the interests of the representative and those of the represented party.
In opposition to enforcement proceedings under Article 615 of the Code of Civil Procedure brought against an arbitral award declared enforceable, issues pertaining to the proper formation of the enforceable instrument or to defects in the award itself may not be raised, such complaints being required to be pursued exclusively through the specific means of challenge of the award; only supervening facts which modify or extinguish the right established by the instrument are admissible in opposition to enforcement proceedings.
An erroneous overstatement of the amount specified in the formal demand for payment (atto di precetto) based on an arbitral award does not render the entire formal demand or the subsequent enforcement acts null and void, but entails the partial ineffectiveness of the demand limited to the amount in excess of that actually due under the enforceable instrument, the demand remaining valid in respect of the amount actually owed.