Court of Appeal of Roma, order of 5 August 2026 (R.G. 00001855/2021)

An application for a stay of the enforceability of an arbitral award brought in the ancillary proceedings under art. 373 cod. proc. civ. is inadmissible, since those proceedings may concern only the stay of the enforceability of the judgment appealed against on points of law and not that of the award which was the subject matter of the proceedings concluded by that judgment.
In assessing an application for a stay of the enforceability of the decision given on the challenge to the award, the merits of the appeal on points of law are irrelevant, the court's review being confined to ascertaining whether enforcement would cause serious and irreparable harm.