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Court of Monza, 3 February 2026, No. 243

The setting aside by the Court of Cassation of the appellate judgment which had annulled an arbitral award brings about the revival of the award and of the obligations contained therein, with the consequence that the sums paid in execution of the appellate judgment subsequently set aside may be retained by way of partial performance of the obligations arising from the award as confirmed on remand, by way of set-off or imputation of payment under a different head.

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