Court of Appeal of Milan, order of 26 February 2026
Corte di Appello
Legal Principle
For the purposes of staying the enforceability of an arbitral award challenged pursuant to Article 829 of the Code of Civil Procedure, it is necessary to verify both the fumus boni iuris, through an examination of the significance of the grounds of challenge requiring full adjudication, and the periculum in mora, by assessing the concrete risk of impossibility of restitution of the sums which may have been paid in the event that the challenge is upheld.
Methodological Notes
standard
How to cite
Corte di Appello, 26/02/2026, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-milan-order-of-26-february-2026-1776431401-7858/