ordinanza
Court of Appeal of Ancona, order of 6 July 2026 (R.G. 00000478/2026)
Corte di Appello of Ancona
Legal principle
For the purposes of staying the enforceability of a challenged award, the fumus boni iuris must be assessed restrictively, requiring grounds of challenge with a reasonably high probability of success, such as a manifest error of fact, a manifest failure to apply the applicable rule of law, a defective summons (vocatio in ius) or a lack of adversarial proceedings.
Methodological notes
standard
Decision text and analysis
For the purposes of staying the enforceability of a challenged award, the fumus boni iuris must be assessed restrictively, requiring grounds of challenge with a reasonably high probability of success, such as a manifest error of fact, a manifest failure to apply the applicable rule of law, a defective summons (vocatio in ius) or a lack of adversarial proceedings.
How to cite
Corte di Appello of Ancona, 6 July 2026, «Court of Appeal of Ancona, order of 6 July 2026 (R.G. 00000478/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-ancona-order-of-6-july-2026-r-g-00000478-2026/