Legal principle
For the purposes of suspending the enforceability of the award challenged pursuant to Article 830, final paragraph, of the Code of Civil Procedure, the risk of serious and irreparable harm must be assessed having regard to the financial standing of the parties and the practical possibility of recovery in the event that the challenge is upheld.
The manifest merit of the challenge to an arbitral award, as a prerequisite for suspension of its enforceability, may be regarded as satisfied only in cases where the arbitral decision is prima facie vitiated by serious and irremediable defects or contains manifest errors, and the mere assertion of grounds of challenge is not sufficient.
Methodological notes
standard
Decision text and analysis
For the purposes of suspending the enforceability of the award challenged pursuant to Article 830, final paragraph, of the Code of Civil Procedure, the risk of serious and irreparable harm must be assessed having regard to the financial standing of the parties and the practical possibility of recovery in the event that the challenge is upheld.
The manifest merit of the challenge to an arbitral award, as a prerequisite for suspension of its enforceability, may be regarded as satisfied only in cases where the arbitral decision is prima facie vitiated by serious and irremediable defects or contains manifest errors, and the mere assertion of grounds of challenge is not sufficient.
How to cite
Corte di Appello, 6 February 2026, «Court of Appeal of Rome, order of 6 February 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-rome-order-of-6-february-2026-1774871919-6495/