The suspension of enforceability of a foreign arbitral award pursuant to Article 840, paragraph 2, Code of Civil Procedure is subject to the existence of serious grounds, to be assessed through balancing the respective positions of the parties with particular regard to the periculum in mora arising from the difficulty of recovering sums that may be paid.
Challenges relating to the validity of the power of attorney for litigation and to the regularity of the procedure followed in the arbitration affect the entire condemnation contained in the award, precluding partial suspension of its enforceability limited to certain heads of condemnation.
The proceedings for recognition of foreign arbitral awards before the Court of Appeal are conducted according to appellate procedure and not according to that provided for first instance proceedings.