The challenge of the arbitral award for breach of rules of law relating to the merits of the dispute is inadmissible where the arbitration clause was concluded after the entry into force of d.lgs. 40/2006 and the parties did not expressly provide for such right of challenge, pursuant to art. 829 co. 3 cod. proc. civ.
The adoption of new articles of association containing an arbitration clause entails a renewal of the parties’ intention with regard to the referral of disputes to arbitrators, with the consequence that the clause is deemed to have been concluded at the time of the adoption of the new articles of association for the purposes of identifying the rules applicable ratione temporis in the matter of the challenge of the arbitral award.
Pursuant to art. 816-bis cod. proc. civ., the parties may establish in the arbitration agreement the rules to be observed by the arbitrators in the proceedings, but time-limits for the amendment and final formulation of claims and defences may not be treated as peremptory where the possibility of so declaring them peremptory was not provided for by the arbitration agreement or by the procedural rules drawn up by the arbitrators and in the absence of a specific warning at the time the time-limits were set.