ordinanza
Court of Appeal of Roma, order of 26 June 2026 (R.G. 00002158/2026)
Corte di Appello of Roma
Legal principle
The suspension of the enforceability of an arbitral award pursuant to art. 830, co. 4, cod. proc. civ. requires the concurrent existence of a fumus boni iuris, to be assessed by way of a first summary examination of the grounds of challenge, and of a periculum in mora; the latter is not established by the mere fact that the award contains a money judgment, it being necessary for the applicant to specifically allege and demonstrate the concrete serious patrimonial consequences to which it would be exposed in the event of enforcement of the award.
Methodological notes
standard
Decision text and analysis
The suspension of the enforceability of an arbitral award pursuant to art. 830, co. 4, cod. proc. civ. requires the concurrent existence of a fumus boni iuris, to be assessed by way of a first summary examination of the grounds of challenge, and of a periculum in mora; the latter is not established by the mere fact that the award contains a money judgment, it being necessary for the applicant to specifically allege and demonstrate the concrete serious patrimonial consequences to which it would be exposed in the event of enforcement of the award.
How to cite
Corte di Appello of Roma, 26 June 2026, «Court of Appeal of Roma, order of 26 June 2026 (R.G. 00002158/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-roma-order-of-26-june-2026-r-g-00002158-2026/