In matters of public contracts, once the eight-month term for execution of testing by the public administration has expired, pursuant to art. 5 of law n. 741 of 1981, the ten-year dies a quo for the maturation of limitation in relation to the contractor's right to the balance of the agreed compensation runs from the date of completion of works, with subsequent late testing being irrelevant for the purposes of interruption of limitation, because the terms referred to in the aforementioned provision are not at the disposal of the public administration, which has thus exhausted - always limited to such purposes - the related public power, late testing being to be equated to refusal of testing or failure to test.
In matters of arbitration, art. 829 para. 3 of the Code of Civil Procedure, as reformulated by art. 24 of Legislative Decree n. 40 of 2006, applies, pursuant to the transitional provision of art. 27 of the cited Legislative Decree n. 40, to all arbitral proceedings commenced after the entry into force of the reform, but, to establish whether challenge for violation of rules of law on the merits of the dispute is admissible, the law to which art. 829 para. 3 of the Code of Civil Procedure refers must be identified as that in force at the time of stipulation of the arbitration agreement, so that, in case of a common law agreement stipulated prior to the entry into force of the new discipline, in the silence of the parties challenge of the award must be understood as admissible, unless the parties themselves had authorised the arbitrators to judge according to equity or had declared the award non-challengeable.
The complaint of nullity of the arbitral award, pursuant to art. 829 para. 2 of the Code of Civil Procedure, for non-observance of rules of law in iudicando is admissible only if circumscribed within the same boundaries of the violation of law opposable with the appeal to cassation pursuant to art. 360 para. 1 n. 3 of the Code of Civil Procedure.