sentenza
No. 1530
Year: 2025

Court of Potenza, 14 July 2025, No. 1530

⚖️ Tribunale di Potenza
📅

Legal Principle

The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties pursuant to Article 1362 of the Civil Code, with particular regard to the correspondence and negotiations that took place between the parties in the period preceding the execution of the arbitration agreement.
An arbitration clause that refers to the arbitrators the "determination of fees with possible reduction thereof" without express temporal limitations confers upon the arbitral tribunal general jurisdiction over the matter, extending also to future relationships arising from the same agreement that is the subject of the dispute.
The nullity of an award for contradictory provisions pursuant to Article 829, paragraph 1, No. 11, of the Code of Civil Procedure requires contradiction between the different components of the operative part or between the reasoning and the operative part, whereas contradiction internal to the reasoning alone is relevant only when it renders absolutely impossible the reconstruction of the logical-legal reasoning of the decision due to a total absence of reasoning referable to its functional model.
The nullity of an award for failure to rule pursuant to Article 829, paragraph 1, No. 12, of the Code of Civil Procedure arises exclusively when the arbitrator fails to rule on a specific and autonomous claim properly formulated in the final submissions, the failure to refute mere defensive arguments raised incidentally being irrelevant.

Methodological Notes

standard

How to cite

Tribunale di Potenza, 14/07/2025, n. 1530, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-potenza-14-july-2025-no-1530-1761077083-3360/