In an appeal to the Court of Cassation against a judgment that has decided on the challenge to an arbitral award, the review of legality must be conducted exclusively by ascertaining the conformity to law and the adequacy of the reasoning of the judgment that decided on the challenge to the award, and cannot concern the conviction expressed by the judge hearing the challenge regarding the correctness of the reconstruction of facts and evaluation of evidentiary elements carried out by the arbitrators.
In challenging an arbitral award pursuant to article 829 of the Code of Civil Procedure, the rule of specificity of grounds and their formalisation in the introductory act of challenge applies, with the consequence that grounds that are different from and additional to those contained in the same introductory act are not admissible.
The proceedings for challenging an arbitral award do not have the consistency of a revisio prioris instantiae and do not constitute a reiteration at second instance of the proceedings conducted before the arbitrators, but give rise to a iudicium rescindens, which consists solely in ascertaining whether any of the nullities provided for by article 829 of the Code of Civil Procedure exist, and only if this concludes positively is it possible to re-examine the merits of the arbitral award pursuant to article 830 of the Code of Civil Procedure.