ordinanza
Court of Appeal of L’Aquila, order of 16 July 2026 (R.G. 00000392/2026)
Corte di Appello of L'aquila
Legal principle
The suspension of the enforceability of an award declared enforceable under art. 825 cod. proc. civ. presupposes that the merits of the challenge are immediately apparent, which is to be excluded where the grounds relied upon raise complex questions requiring the thorough legal assessment proper to the determination of the merits.
The application for suspension must likewise be refused in the absence of periculum in mora, where the alleged prejudice rests on purely hypothetical scenarios and is not supported by objective documentary evidence.
Methodological notes
standard
Decision text and analysis
The suspension of the enforceability of an award declared enforceable under art. 825 cod. proc. civ. presupposes that the merits of the challenge are immediately apparent, which is to be excluded where the grounds relied upon raise complex questions requiring the thorough legal assessment proper to the determination of the merits.
The application for suspension must likewise be refused in the absence of periculum in mora, where the alleged prejudice rests on purely hypothetical scenarios and is not supported by objective documentary evidence.
How to cite
Corte di Appello of L'aquila, 16 July 2026, «Court of Appeal of L’Aquila, order of 16 July 2026 (R.G. 00000392/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-l-aquila-order-of-16-july-2026-r-g-00000392-2026/