IL RINNOVATO PROFILO DELL’IMPUGNAZIONE DEL LODO ALLA LUCE (DIRETTA O RIFLESSA) DI ETEROGENEE NOVITÀ NORMATIVE

The article analyses the setting aside of an arbitral award for nullity, following the interpretative “adjustments” required by the recent amendments to appeal procedures, the last being introduced by Decree Law of 12 September 2014, no 132, converted into Law no 162/2014. This amendment which, by forseeing arbitration in appeal proceedings, also impacts directly on setting aside for nullity. The article therefore seeks to provide a systematic and updated reading of the law on setting aside, also in light of the proposals for amendment and of the case law that have repeatedly considered the issue. The underlying idea, supported by a comparison with other legal systems, is that the efficacy of arbitration depends, to a large extent, on a rational system of appeals, in which not too many possibilities of overturning an award remain, including when compared with the ever reducing avenues of appeal against first instance judgments.