In the matter of the challenge of the arbitral award for nullity, the defect of inconsistency referred to in art. 829, co. 1, n. 11, cod. proc. civ. is relevant only where the inconsistency exists between different parts of the operative part or between the operative part and the corresponding reasoning; inconsistency between different parts of the reasoning is relevant, conversely, only where it gives rise to an absolute impossibility of reconstructing the logical and juridical process underlying the decision, by reason of the total absence of reasoning referable to its functional model.
In the matter of the challenge of the arbitral award for nullity, the lack of reasoning referred to in art. 829, co. 1, n. 5, in conjunction with art. 823, n. 5, cod. proc. civ. is relevant only where it gives rise to an absolute impossibility of reconstructing the logical and juridical process underlying the decision; the assessment of the facts pleaded by the parties in the arbitral proceedings and of the evidence obtained in those proceedings is not reviewable by means of the challenge for nullity of the arbitral award.
In the case of an appeal on a point of law against the judgment which decided upon the challenge for nullity of the arbitral award pursuant to arts. 827-830 cod. proc. civ., the review of legality cannot have as its immediate object the arbitral decision, but is limited to the verification of the correctness and adequacy of the reasoning of the decision rendered in the proceedings for the challenge, in relation to the grounds for impugning the award provided for by art. 829 cod. proc. civ.
In the matter of the challenge of the arbitral award, the identification — possibly erroneous — of the legal consequences flowing from the facts as found, being referable to the sphere of the legal reasoning, does not constitute the defect of inconsistency of the award relevant for the purposes of art. 829, co. 1, nn. 5 and 11, cod. proc. civ., even where the conclusions of the arbitrator are not consequential upon the premises.