Author: Chiara Spaccapelo

The recent judgment rendered by the Supreme Court of Cassation no. 32796 dated 8th November 2022 (Italian text available here) resolved a delicate procedural issue, ruling that the following principle of law is also applicable to the appeal proceedings against the arbitration awards “the principles of economic and reasonable duration of the proceedings (…) and in accordance whit a constitutional interpretation set out in art. 384 cod. proc. civ., inspired by these principles, once verified the lack of ruling on a ground of appeal, the Supreme Court can omit a referral decision on the appealed decision and may give a final judgment on the merit of the case, when the question of law referred to that ground results unfounded, so the final decision confirms the ruling of the judgement of appeal (consequently it is useless to return to the merit phase), unless the matter needs further factual findings”.

Read more “Lack of decision: no annulment of the vitiated award if the disregarded claim should still be rejected”