Supreme Court, order of 20 May 2026, N. 15163
Legal Principle
In the matter of the challenge of the arbitral award, the long time-limit provided for by art. 828, second paragraph, cod. proc. civ. runs from the date of the last signature of the award and is not subject to suspension during the court vacation period, pursuant to art. 3 of law no. 742/1969; the lateness of the challenge is to be assessed by reference to those statutory parameters, the subsequent communication of the award to the parties being irrelevant.
In arbitral proceedings, service of the request for arbitration is subject to the forms prescribed by the code of civil procedure in respect of service of documents, unless the parties have agreed upon different modalities; accordingly, the omission of the formalities prescribed by artt. 140 and 143 cod. proc. civ. does not render the service void where it has in any event achieved its purpose, within the meaning of art. 156 cod. proc. civ., it being established that the addressee had actual knowledge of the document.
Methodological Notes
standard