A contractual arbitration award (lodo irrituale) has a contractual nature and judicial review is limited to the grounds of annulment provided for in art. 808 ter, paragraph 2, of the Code of Civil Procedure. The reviewing court may not re-examine the assessment of facts and evidence, which, by virtue of the arbitration clause, has been contractually entrusted to the arbitrators.
In contractual arbitration (arbitrato irrituale), which is governed by freedom of form, compliance with the right to be heard does not require the observance of the rigorous procedural formalities of ordinary proceedings; it is sufficient that the parties have been given the opportunity to set out their respective positions, to examine the evidence and the findings of the proceedings, and to be informed in due time of the other party's claims and requests.
In contractual arbitration (arbitrato irrituale), the impartiality of the arbitrator does not constitute a principle of public policy and the institution of challenge under art. 815, paragraph 1, of the Code of Civil Procedure does not apply. A lack of impartiality of the contractual arbitrator may be invoked solely through an action for annulment based on defects of consent.