Under art. 824 bis cod. proc. civ., save as provided by art. 825 cod. proc. civ., an award has, from the date of its last signature, the effects of a judgment given by a court; the provision therefore distinguishes the substantive and adjudicatory effects of the award from its capacity for enforcement, which is subject to the decree declaring it enforceable, and the date of the last signature is that on which the award comes into existence and begins to produce its effects.
A monetary claim ascertained and quantified by the award, not subject to any time limit or condition, is certain, liquidated and due from the date of the last signature and bears interest as of right under art. 1282, co. 1, cod. civ., irrespective of any fault of the debtor and without the need for any prior notice to pay; the exequatur does not create the claim, but makes the award usable as a title for enforcement.
The silence of the award as to ancillary amounts does not constitute the derogation contemplated by the closing words of art. 1282, co. 1, cod. civ., a provision incompatible with the accrual of interest being required for that purpose, and not the mere absence of an express ruling.
No express claim need be made to the arbitrators in respect of ordinary interest accruing after the award as the legal consequence of the monetary claim which the award rendered liquidated and due, nor does any internal res judicata arise on the point, there being no head of decision, express or implied, rejecting the claim to future ancillary amounts which might be challenged.
A decision staying the enforceability of an award temporarily prevents the exercise of enforcement, but does not declare the claim non-existent, conditional or not due, nor does it exclude the substantive effects laid down by art. 824 bis cod. proc. civ.; the subsequent judgment dismissing the challenges does not create a new claim, but leaves the original award intact.
The costs incurred for the proceedings seeking a declaration that the award is enforceable and for the certifications needed to comply with the documentary requirements of the court seised of the exequatur, being directly instrumental to the acquisition of enforceability, constitute ancillary amounts to the principal claim which may be claimed in the notice to pay (atto di precetto), subject to judicial review of their actual incurrence and necessity.