For the purpose of recognition of the enforceability of a foreign arbitral award under Article 839 of the Code of Civil Procedure, the applicant is required to produce the original or a certified copy of the contract containing the arbitration clause; failure to file such document constitutes, as regards the fumus boni iuris, a serious ground justifying the suspension of the enforceability decree already granted, pursuant to Article 840 of the Code of Civil Procedure.
In proceedings for the suspension of the enforceability of a foreign arbitral award, the periculum in mora is established by the foreseeable difficulty of recovering sums paid in the event of the subsequent success of the opposition, having regard to the fact that the award remains effective in the State in whose territory it was made and in which the respondent opposing party has its seat.