An arbitral award, once communicated to the parties, constitutes valid title to establish the creditor’s standing to bring an ordinary revocation action pursuant to Article 2901 of the Civil Code, even where challenge proceedings are pending, given that Article 2901 of the Civil Code adopts a broad notion of credit, encompassing claims or expectations, with the consequent irrelevance of the normal requirements of certainty, liquidity and enforceability, such that even a contingent credit, in the form of a disputed credit, is capable of giving rise to the status of creditor conferring standing to bring an ordinary revocation action.
The pendency of challenge proceedings against the arbitral award does not preclude the creditor from exercising the ordinary revocation action against dispositive acts affecting the debtor’s assets, nor does it permit the court hearing the revocation action to assess, even incidentally, the merit of the credit claim established by the award, it being sufficient for the purposes of standing that there exists a credit claim which has already been confirmed in the first-instance award.
