Article 808-ter of the Code of Civil Procedure, which governs the grounds for challenging contractual arbitration awards (arbitrato irrituale), applies exclusively to arbitration agreements entered into after the entry into force of Legislative Decree n. 40/2006, whereas for prior agreements the general principles of contractual challenge for defects of consent remain applicable.
A contractual arbitration award (arbitrato irrituale) rendered pursuant to an agreement entered into before the 2006 reform may only be challenged for defects affecting the arbitrator's contractual consent, such as fundamental error, duress, fraud and incapacity, excluding challenge for nullity under Article 828 of the Code of Civil Procedure.
In corporate contractual arbitration (arbitrato societario irrituale), statutory reference to the provisions of Legislative Decree n. 5/2003 does not entail the application of those provisions of such decree which refer exclusively to institutional arbitration, the contractual nature and unreviewability on the merits of the award remaining unchanged.
Breach of the limits of the mandate conferred upon arbitrators in contractual arbitration (arbitrato irrituale) is relevant for the purposes of challenging the award as fundamental error vitiating the contractual consent expressed by the arbitrators, requiring inquiry into the actual content of the arbitral mandate.
Objections relating to errors in adjudication (errores in iudicando) are inadmissible in corporate contractual arbitration (arbitrato societario irrituale) when they do not concern non-arbitrable matters or the validity of shareholders' resolutions, regardless of whether the arbitration clause was inserted before or after the 2006 amendment.