The challenge for nullity of the arbitral award pursuant to art. 829 cod. proc. civ. constitutes proceedings of limited review, which may be brought exclusively on the basis of specified errores in procedendo and, within the limits set out in art. 829 co. 3 cod. proc. civ., for failure to observe rules of law; the requirement of specificity of grounds applies thereto, by reason of the rescinding nature of the proceedings, the objections being required to correspond precisely to the cases of challengeability provided for by statute.
Proceedings for the challenge of the arbitral award are structured in two phases: the first, rescinding, directed at ascertaining any nullities of the award, in which the court is not permitted to make findings of fact; the second, substitutive, following upon annulment, in which the court proceeds to the reconstruction of the facts on the basis of the evidence adduced, within the limits of the petitum and the causae petendi raised before the arbitrators.
In an appeal on a point of law against the judgment rendered in proceedings for the challenge of the arbitral award, the review of legality must be conducted exclusively by way of verification of the conformity with the law and the adequacy of the reasoning of the judgment which decided the challenge, without any possibility of revising the assessments and conclusions of the court hearing the challenge.