ordinanza
Year: 2026

Court of Appeal of Naples, order of 26 March 2026

⚖️ Corte di Appello
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Legal Principle

For the purposes of challenging an award, ‘public policy’ whose violation justifies the challenge under Article 829(3), second sentence, of the Code of Civil Procedure means exclusively the fundamental and mandatory norms of the legal system, and not simply any imperative norm.
The nullity of an award on the ground of contradictory provisions, pursuant to Article 829(1)(11) of the Code of Civil Procedure, refers exclusively to contradictions between different parts of the operative provisions or between the reasoning and the operative provisions; contradictions internal to the reasoning alone are relevant only when they make it absolutely impossible to reconstruct the logical reasoning of the decision.
The absence of fumus boni iuris is in itself an obstacle to the suspension of the award’s enforceability under Article 830(4) of the Code of Civil Procedure, even where periculum in mora exists.

Methodological Notes

standard

How to cite

Corte di Appello, 26/03/2026, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-order-of-26-march-2026-1789650222-9069/