In cases of contractual arbitration (arbitrato irrituale), the final award may be challenged, in addition to the cases provided for by Article 808-ter of the Code of Civil Procedure, also for defects of consent and incapacity of the parties, given its contractual nature.
An arbitral award must be annulled when it is rendered against a party who, following the opening of judicial administration proceedings, has lost the substantive and procedural capacity to manage their own assets.
Arbitrators breach the principle of adversarial proceedings when they declare a party to be in default for late exercise of defensive rights, despite not having established the peremptory nature of the time limits assigned, without the arbitration agreement providing for such possibility and without specific warning as to the peremptory nature of the time limits at the moment of their assignment.
The judge, once having annulled an arbitral award, may examine and decide on the merits of the dispute that was the subject of the annulled arbitration.