The interpretation of contracts constitutes the proper and exclusive function of the trial court, such that in proceedings on appeal to the Court of Cassation against a judgment deciding on a challenge for nullity of an arbitral award, the Court of Cassation cannot directly assess the arbitral award, but only the impugned decision, within the limits of the grounds of appeal relating to violation of law, and cannot substitute its own judgment for that expressed by the court of merit regarding the correctness of the reconstruction of facts and evaluation of evidentiary elements undertaken by the arbitrators.
For the purposes of qualification as international arbitration under Article 832 of the Code of Civil Procedure, the subjective criterion requires that one of the parties have its actual seat abroad at the time of execution of the arbitration clause, with any subsequent entry into the contractual relationship of an Italian entity through a declaration of nomination pursuant to Article 1401 of the Civil Code remaining irrelevant, provided that the original entity nonetheless maintains a position of joint and several guarantee for the performance of contractual obligations.