In matters of contractual arbitration (arbitrato irrituale), the conditions precedent imposed by the arbitral tribunal in the award for the protection of one of the parties must be strictly complied with in the sequence and manner prescribed therein, such that a party who seeks performance of the counter-performance without the conditioning event having occurred has not accrued the corresponding right to claim.
Where the arbitral award makes the right to payment of consideration conditional upon prior verification in adversarial proceedings of the functional suitability of goods, the unilateral delivery of the same goods, without prior completion of the joint verification, does not result in the fulfilment of the condition precedent and precludes the party in default from bringing summary proceedings for recovery of the debt.
Failure to comply with the provisions of the contractual arbitration award (arbitrato irrituale) relating to the manner of performance of the obligations regulated therein entails that the party in default cannot invoke in its favour the beneficial effects of the award itself, the action for enforcement of performances subject to conditions precedent being precluded where the preliminary obligations have not been properly performed.