The reiteration of an application for suspension of the executory effect of an arbitral award, already rejected, is admissible under Article 283, paragraph 2, of the Code of Civil Procedure only in the presence of supervening changes in circumstances, provided that such circumstances were not ascertainable with ordinary diligence at the time of the first application and are relevant for the assessment of periculum in mora.
An application for suspension of the executory effect of an arbitral award based on circumstances already existing and ascertainable at the time of the first application is inadmissible and results in the application of the pecuniary sanction provided for by Article 283, paragraph 3, of the Code of Civil Procedure against the applicant in favour of the fines fund.