Court of Appeal of Trieste, order of 1 August 2026 (R.G. 00000303/2026)

Under art. 830, co. 4, cod. proc. civ. the efficacy of the award may be stayed only where serious grounds exist.
The mere allegation that the debtor is a minority shareholder and that the creditor company is in liquidation does not amount to a risk that the sums will be irrecoverable, since that state does not in itself imply the absence of assets or the inability to meet restitutionary obligations should the challenge be upheld, in the absence of concrete and specific evidence as to the actual financial and asset position.
For the purposes of the fumus boni iuris, serious logical and legal errors in the challenged award must emerge clearly and immediately, such as to show it to be wholly untenable.
The document initiating the arbitral proceedings is adequate, even if it does not expressly formulate the relief sought, where it contains a detailed statement of the facts in dispute enabling the subject matter of the claim to be identified.
An application to set aside an award for nullity cannot be used to challenge the assessment of the facts pleaded and of the evidence taken in the course of the arbitral proceedings, that assessment being contractually entrusted to the institutional competence of the arbitrators, with the consequent exclusion of any review of questions of merit.