Supreme Court, 12 May 2025, N. 12625
Legal Principle
The nullity penalty in Article 829, paragraph 1, No. 11 of the Code of Civil Procedure for awards containing contradictory provisions means that the contradiction must appear between different parts of the operative section, or between the reasoning and the operative section. Internal contradiction between different parts of the reasoning may matter only when it makes it completely impossible to understand the logical and legal thinking behind the decision because there is no reasoning that serves its proper function.
The grounds for challenging arbitral awards for nullity under Article 829 of the Code of Civil Procedure are exhaustive. If the award has reasoning, whether one agrees with it or not, it cannot be touched. Challenge of an award is a proceeding with restricted grounds.
Methodological Notes
standard