The absence of the operative part in the arbitral award constitutes a ground of nullity within the meaning of art. 829 co. 1 n. 5 cod. proc. civ.; however, the decisional intent of the arbitrators may be inferred from the reasoning of the award only where it has been expressed in unequivocal terms.
Pursuant to art. 830 co. 2 cod. proc. civ., where the arbitral award is annulled on the grounds set out in art. 829 co. 1 nn. 5, 6, 7, 8, 9, 11 or 12, co. 3, 4 or 5, the court of appeal decides the dispute on the merits, unless the parties have provided otherwise in the arbitration agreement or by subsequent agreement; in the rescissory phase, the court of appeal rules on the claims originally brought before the arbitrators without being bound by the limits of art. 829 cod. proc. civ., which pertain exclusively to the rescinding phase.