Court of Rimini, 11 February 2026, No. 80
Legal Principle
An institutional arbitral award declared enforceable has the same effect as a judgment delivered by the ordinary court for the purposes of enforcement.
In proceedings to oppose enforcement founded on an institutional arbitral award declared enforceable, the court hearing the opposition may not carry out any substantive review of the award, nor re-examine the merits of the arbitral dispute, its review being limited to ascertaining the continued effectiveness of the enforceable instrument and the existence of facts extinguishing, modifying, or precluding the right to payment occurring after the making of the award.
Questions of substance that could have been raised in the arbitral proceedings are covered by the res judicata established by the award and may not be re-raised in opposition to enforcement proceedings.
The lack of standing of a party in the arbitral proceedings constitutes a question of substance relating to the proper constitution of the arbitral procedural relationship, which is not susceptible of reassessment in opposition to enforcement proceedings founded on the award.
Methodological Notes
standard