Proceedings for the challenge of the arbitral award on the ground of nullity constitute proceedings of limited review, in which the requirement of specificity in the formulation of grounds applies; the complaint of nullity of the award cannot consist merely in a reference to principles of law coupled with an invitation to the court hearing the challenge to verify their observance by the arbitrators, nor in a request for the reassessment of the evaluations and conclusions of the court hearing the challenge, but requires a pertinent reference to the facts as found by the arbitrators and the setting out of intelligible arguments illustrating the alleged infringements of rules or principles of law.
The court of referral, to which the case has been remitted by the Court of Cassation with a rescinding judgment directing the examination of the grounds of challenge of the arbitral award, is bound by the principle of law enunciated and by the determinations underpinning the quashing; however, where it considers the grounds of challenge of the award to be abstractly admissible on the basis of the dictum of the Court of Cassation, it may declare them inadmissible as concretely formulated, without thereby disregarding the binding force of the judgment of the Court of Cassation.
In proceedings for the challenge of the arbitral award, the allegation of infringement of the statutory canons of contractual interpretation and of the erroneous legal characterisation of the contractual relationship constitutes a complaint in law, not in fact, reviewable in the course of the challenge of the award pursuant to art. 829 co. 3 cod. proc. civ.