Court of Appeal of Milano, order of 25 June 2026 (R.G. 00001150/2025)

The suspension of the enforceability of an arbitral award under art. 830 co. 4 cod. proc. civ. on grounds of serious reasons presupposes — by analogy with the suspension of the enforceability of judgments under artt. 282 and 283 cod. proc. civ. — that the award is capable of being enforced; an application for suspension is therefore inadmissible in respect of provisions of the award that are purely declaratory or constitutive in nature, since such pronouncements are not susceptible to enforcement proceedings and cannot produce effects before the award passes into res judicata.
An arbitral award that finds and declares the approval of a positive shareholders' resolution, producing a purely declaratory effect, is not capable of enforcement within the meaning of art. 830 co. 4 cod. proc. civ.; an application to suspend its enforceability in respect of that provision is therefore inadmissible.