Court of Appeal of Milan, 15 December 2025, No. 3435

An arbitral award, by virtue of the equivalence of its effects to those of a judgment pronounced by a judicial authority pursuant to Article 824-bis of the Code of Civil Procedure, precludes the re-examination of the same issues in subsequent ordinary proceedings concerning the challenge of the same shareholders' resolution, the rules developed in relation to lis pendens between identical actions pending at different stages of proceedings being applicable, inspired by the principle of ne bis in idem.