Court of Appeal of Bari, order of 13 July 2026 (R.G. 00000686/2026)

In proceedings challenging an arbitral award for nullity, the suspension of the enforceability of the award under art. 830, last co., cod. proc. civ. may be granted on the basis of the periculum in mora alone, which is in itself sufficient for the application to succeed, irrespective of any assessment of the fumus boni iuris.
The serious and irreparable prejudice justifying the suspension of the enforceability of the award is to be appraised also from the debtor's standpoint, relevance attaching to the loss of the availability of a substantial sum and to the consequent adverse effect on the financial stability of the challenging party, which is compelled to resort to borrowing at additional cost.
The suspension of the enforceability of the award may be made conditional upon the provision by the challenging party of an adequate first-demand guarantee for the amount awarded and the costs, valid for the entire duration of the challenge proceedings.