Supreme Court, 28 December 2025, N. 34403
Legal Principle
An application for revocation of an arbitral award under art. 395 no. 3 of the Code of Civil Procedure is inadmissible when based on a preventive technical assessment conducted after the conclusion of the arbitration proceedings, as the provision presupposes the discovery of a decisive document pre-existing the challenged decision, it being irrelevant that the fact represented in the document predates the decision.
Revocation of an arbitral award for fraud under art. 395 no. 1 of the Code of Civil Procedure requires intentionally fraudulent conduct consisting of artifices or deceptions subjectively directed and objectively capable of altering the truth and prejudicing the outcome of the proceedings, mere violation of the duty of loyalty and probity under art. 88 of the Code of Civil Procedure being insufficient.
Revocation of an arbitral award for falsity of evidence under art. 395 no. 2 of the Code of Civil Procedure requires that the decision was made on the basis of evidence lawfully and formally recognised or declared false by final judgment or whose falsity has been acknowledged by the very party in whose favour the evidence was used by the arbitrator.
Methodological Notes
standard