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Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

Chapter I - Submission to Arbitration and Arbitration Clause

Article 806 - Submission to Arbitration

Article 807 - Form of the Submission to Arbitration

Article 808 - Arbitration Clause

Article 809 - Number and Manner of Appointment of Arbitrators

Chapter II - The Arbitrators

Article 810 - Appointment of the Arbitrators

Article 811 - Replacement of Arbitrators

Article 812 - Capacity to Act as Arbitrator

Article 813 - Acceptance and Duties of the Arbitrators

Article 814 - Rights of the Arbitrators

Article 815 - Challenge of the Arbitrators

Chapter III - The Proceedings

Article 816 - Course of the Proceedings

Article 817 - Objection of Lack of Jurisdiction

Article 818 - Interim Measures of Protection

Article 819 - Incidental Issues

Article 819-bis Connected Cases (Connessione)

Article 819-ter Hearing of Witnesses

Chapter IV - The Award

Article 820 - Time-Limit for the Decision

Article 821 - Relevance of the Expiry of the Time-Limit

Article 822 - Rules for the Deliberation [of the Award]

Article 823 - Deliberation of and Requirements for the Award

Article 824 - Place of Decision

Article 825 - Filing of the Award

Article 826 - Correction of the Award

Chapter V - Means of Recourse

Article 827 - Means of Recourse

Article 828 - Recourse for Setting Aside

Article 829 - Grounds for Setting Aside

Article 830 - Decision on the Recourse for Setting Aside

Article 831 - Revocation and Third Party Opposition

Chapter VI - International Arbitration

Article 832 - International Arbitration

Article 833 - Form of the Arbitration Clause

Article 834 - Rules Applicable to the Merits

Article 835 - Language of the Arbitration

Article 836 - Challenge of the Arbitrators

Article 837 - Deliberation of the Award

Article 838 - Recourse

Chapter VII - Foreign Awards

Article 839 - Recognition and Enforcement of Foreign Arbitral Awards

Article 840 - Opposition

Concordance (wordlist)

Manifest (alternative outputs)

Metadata

Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

Italy

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Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

Chapter V - Means of Recourse

Article 829 - Grounds for Setting Aside

Notwithstanding any waiver, a recourse for setting aside may be filed in the following cases:

1) if the arbitration agreement is null and void;

2) if the arbitrators have not been appointed according to the provisions laid down in Chapters I and II of this Title, provided that this ground for setting aside has been raised in the arbitration proceedings;

3) if the award has been rendered by a person who could not be appointed arbitrator according to Article 812;

4) if the award exceeds the limits of the submission to arbitration or fails to decide one or more items in the submission to arbitration or contains contradictory provisions, subject to the provisions of Article 817;

5) if the award does not comply with the requirements of Article 823, paragraph 2, numbers 3), 4), 5), and 6) subject [in regard to number 6] to the provisions in the third paragraph of said article

6) if the award has been rendered after the expiry of the time-limit indicated in Article 820, subject to the provisions of Article 821;

7) if during the proceedings, those formalities laid down under penalty of nullity for the proceedings for the ordinary courts have not been observed, provided the parties had requested their observance according to Article 816 and if the nullity has not been cured;

8) if the award is contrary to a previous award which is no longer subject to recourse or to a previous judgment having the force of res judicata between the parties, provided that this objection has been raised in the arbitration proceedings

9) if the principle "audietur et altera pars" (principio del contraddittorio) has not been respected in the arbitration proceedings

A recourse for setting aside may also be filed where the arbitrators did not decide according to rules of law, unless the parties have authorized them to decide ex aequo et bono or they have declared that there may be no recourse against the award.

In the case provided for in Article 808, paragraph 2, the award is subject to recourse also for violation and misapplication of collective labour contracts and agreements.

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