ordinanza
Court of Appeal of Florence, order of 7 January 2026
Corte di Appello
Legal principle
In proceedings for the challenge of an arbitral award, the stay of enforcement may be upheld where the grounds of challenge appear to merit further examination, both as regards the arbitrator's jurisdiction and the criteria for assessment of damages adopted.
The periculum in mora relevant for the purposes of a stay of enforcement of an arbitral award may be identified in the threat to business continuity arising from the amount of the condemnation contained in the award.
Methodological notes
standard
Decision text and analysis
In proceedings for the challenge of an arbitral award, the stay of enforcement may be upheld where the grounds of challenge appear to merit further examination, both as regards the arbitrator’s jurisdiction and the criteria for assessment of damages adopted.
The periculum in mora relevant for the purposes of a stay of enforcement of an arbitral award may be identified in the threat to business continuity arising from the amount of the condemnation contained in the award.
How to cite
Corte di Appello, 7 January 2026, «Court of Appeal of Florence, order of 7 January 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-florence-order-of-7-january-2026-1774352113-7957/