Court of Monza, Order 14 August 2025
Legal Principle
The revival of an arbitral award, consequent upon the quashing of the judgment which had declared its nullity, entails the complete restoration of all effects of the arbitral title, including the reciprocal orders for payment contained therein, without any obligation arising to make restitution of sums already received in execution of the quashed judicial title, where such sums are in any event due by virtue of the restored award.
The executory effect of an arbitral award cannot be suspended where the debtor sets up disputed claims in set-off against it, given that the institution of judicial set-off does not operate in the presence of claims whose *an debeatur* (whether anything is due) is contested by the creditor.
Methodological Notes
standard