Court of Appeal of Milano, order of 29 July 2026 (R.G. 00001195/2026)

The stay of the enforceability of an award challenged for nullity is subject, under art. 830, co. 4, cod. proc. civ., to the existence of serious grounds.
The court's assessment of the application for a stay necessarily also involves scrutiny of the fumus of the challenge, within the limits of review of the merits proper to proceedings challenging an award rendered in arbitration.
The periculum relevant for the purposes of staying the enforceability of the award consists in the reasonable and well-founded probability that the challenging party, if successful, will be unable to recover the sums it has been ordered to pay; generic allegations are not sufficient for that purpose, particularly where the other party has its seat in a State of the European Union in which the common rules on jurisdiction and on the recognition and enforcement of judgments apply.