Court of Napoli Nord, 23 December 2025, No. 4539
Legal Principle
An arbitral award, to which Article 824-bis of the Code of Civil Procedure attributes the effectiveness of a judgment rendered by a judicial authority, falls within the category of judicial measures having executory force pursuant to Article 474, paragraph 1, No. 1, of the Code of Civil Procedure, with the consequence that the principle of conversion of nullities into grounds of appeal applies, which must be timely asserted in the forms and within the time limits provided by Article 827 of the Code of Civil Procedure.
In proceedings for opposition to enforcement brought on the basis of an arbitral award made enforceable pursuant to Article 825 of the Code of Civil Procedure, it is precluded to raise procedural or substantive defects of the arbitral decision, as well as facts which occurred prior to the formation of the enforcement title and which could have been raised in the arbitral proceedings or by means of challenge to the award, the opposing party being able to assert exclusively facts preventing, extinguishing or modifying the right embodied in the title, which arose after its becoming final.
Methodological Notes
standard