The annulment of an arbitral award by the Court of Appeal for lack of jurisdiction does not automatically result in the cancellation of the effects of that award where such judgment has been set aside with remittal by the Court of Cassation, given that setting aside with remittal entails the regression of the proceedings to the procedural stage preceding the annulment judgment, with consequent continuing uncertainty as to the finality of the award itself.
The pendency of proceedings for the challenge of an arbitral award following the setting aside with remittal of the judgment which had ordered its annulment constitutes a condition precluding the enforceability and certainty of the claim which, on the basis of the challenged award, had been the subject of set-off, preventing the creditor from exercising the action for recovery of the set-off sums until the final judgment on the challenge of the award becomes res judicata.