L’impugnazione per nullità. I casi (art. 829, commi 3, 4 e 5, c.p.c) (par. 1, 2, 4, 6, 7 e 9)

The authors examine the hypothesis in which awards can be challenged for violation of law, pursuant to article 829, third paragraph, of Italian civil procedure code. In particular they consider the differences between awards based on law and awards “ex bono et aequo”; the cases where and limits within which the parties are allowed to challenge an arbitral award for violation of law after the implementation of d.lg n. 40/2006; and the challenge of arbitral awards for breach of public order provisions. Then, the chapter treats the other few instances in which a challenge for violation of law is allowed under article 829, fourth and fifth paragraph, i.e. when the arbitral proceeding regards a labour dispute or when the violation regards a preliminary issue on a matter which is not arbitrable.