Any doubt as to the parties’ actual intention is to be resolved in favour of arbitration; a power to decide ex aequo et bono, the finality of the award or a dispensation from procedural formalities are not decisive to the contrary, whereas wording proper to adjudication, the appointment of the arbitrator by a third party, the conduct of activities typical of contentious proceedings and a ruling on costs all point to arbitration.
In determining the means of challenge, regard must be had to the nature of the act actually performed by the arbitrators, so that an award rendered in the forms laid down in art. 816 et seq. cod. proc. civ. may be challenged only under art. 827 cod. proc. civ., even where the parties provided for contractual arbitration (arbitrato irrituale).
The decree declaring an award enforceable lacks any adjudicative and final character and may be contested by opposition to enforcement, whereas an award rendered in contractual arbitration (arbitrato irrituale) cannot be declared enforceable.
An action to set aside an award under art. 829 cod. proc. civ. is not an appeal but permits only the iudicium rescindens, and lack of reasons is relevant only where reasons are wholly absent or are such as not to disclose the ratio of the decision.