In contractual arbitration (arbitrato irrituale), as in contractual expert determination (perizia contrattuale), the arbitrators’ decision may be challenged exclusively by means of the actions for annulment and termination for breach of contract available under contract law, the procedural remedies afforded by the Code of Civil Procedure for institutional arbitration awards being excluded.
In contractual arbitration (arbitrato irrituale), procedural errors (errores in procedendo) or errors of law (errores in iudicando) are relevant as grounds for the invalidity of the arbitral determination only where they amount to instances of incapacity, defects of consent, or grounds for contractual termination.
In contractual arbitration (arbitrato irrituale), a material mistake, invocable as a ground for annulment of the arbitral determination pursuant to Article 1428 of the Civil Code, must satisfy the requirements of materiality and recognisability and must relate to the elements specified in Article 1429 of the Civil Code, vitiating the formation of the arbitrators’ will by means of a false representation of reality or a distorted perception of the factual elements submitted by the parties, errors of judgement or interpretation of the law being excluded as relevant grounds.