In an application for suspension of the executory effect of an arbitration award, the alleged nullities for partial omitted reasoning and contradiction in reasoning do not constitute, of themselves, sufficient grounds for evaluation of the manifest foundedness of the challenge for purposes of the fumus boni iuris, requiring a more careful examination at the stage of consideration on the merits.
The periculum in mora in an application for suspension of the executory effect of an arbitration award may be configured when there exists the complete absence of assets of the debtor and the inactivity or cessation of his enterprise, circumstances which may represent prejudice for the challenging party in case of execution of the award pending the proceedings, for purposes of possible restitution should the appeal be allowed.
The judge hearing an application for suspension of the executory effect of an arbitration award may dispose a balanced solution by rejecting the application for suspension but subordinating execution of the award to the provision of security by the creditor proceeding, up to the amount of the sum in condemnation, in the form of a first-demand guarantee furnished by a primary insurance or banking institution for the duration of the entire second-instance proceedings.