In matters concerning the challenge of arbitral awards, voluntary intervention by the administrator of the judicial liquidation (liquidazione giudiziale) of the original party is admissible in cassation proceedings, albeit within the limits of residual defensive powers, by reason of the autonomous interest of the insolvency proceedings in supporting the defensive arguments originally advanced, without however being able to renounce the appeal already filed by the party before the commencement of the proceedings.
Challenge of an arbitral award for violation of the rules of law relating to the merits of the dispute, pursuant to Article 829, paragraph 3, of the Code of Civil Procedure, as amended by Legislative Decree No. 40/2006, is permitted exclusively where expressly provided for by the parties in the arbitration agreement or by law, challenge for contrariety to public policy remaining always admissible.
The notion of public policy referred to in Article 829, paragraph 3, of the Code of Civil Procedure for the challenge of arbitral awards must be interpreted restrictively as a reference limited to the fundamental and mandatory norms of the legal system, constituted by principles derivable from the Constitutional Charter or in any case founding the entire legal framework, excluding an attenuated notion of public policy coinciding with the entirety of the imperative norms of the domestic legal system.