In the matter of corporate arbitration, art. 36 d.lgs. 5/2003, applicable to arbitral proceedings the subject matter of which is the validity of general meeting resolutions, provides for the challenge of the arbitral award for infringement of rules of law even where the arbitration clause authorises the arbitrators to decide according to equity or renders the award non-challengeable; the reference made by art. 36 to art. 829 co. 2 cod. proc. civ. in the version preceding the reform introduced by d.lgs. 40/2006 is to be understood as an ambulatory reference, so that, following the entry into force of the new art. 829 co. 3 cod. proc. civ., the correlation is to be made with the latter provision.
In the matter of corporate arbitration, pursuant to the combined provisions of art. 36 d.lgs. 5/2003 and art. 829 co. 3 cod. proc. civ. as amended by d.lgs. 40/2006, the challenge of the arbitral award for infringement of rules of law relating to the merits of the dispute is permitted, even in the absence of express provision by the parties, where the subject matter of the proceedings is the validity of general meeting resolutions or where the arbitrators have adjudicated upon matters not susceptible of arbitration; that rule applies irrespective of whether the arbitration clause was inserted before or after the 2006 reform.