The refusal of exequatur of a foreign arbitral award on grounds of public policy entails the loss of effectiveness of the interim measure (conservatory attachment) granted ante causam pursuant to art. 669-novies, third paragraph, cod. proc. civ., where the non-existence of the right has been ascertained, including by a judgment which has not become final; however, the presidential decree of refusal issued inaudita altera parte in the proceedings under art. 839 cod. proc. civ., having merely provisional stability and not involving a full determination as to the non-existence of the right, is not to be assimilated to the non-final judgment capable of causing the loss of effectiveness of the interim measure within the meaning of the said art. 669-novies, third paragraph, which follows exclusively from the order made at the conclusion of the opposition phase.
The review of the conformity with public policy of a foreign arbitral award, carried out in exequatur proceedings pursuant to artt. 839-840 cod. proc. civ. and the New York Convention of 1958, does not entail a reassessment of the merits of the dispute decided by the arbitrators, but is confined to verifying that recognition of the award does not produce effects contrary to the fundamental principles of the Italian legal order.
In exequatur proceedings in respect of a foreign arbitral award pursuant to art. 839 cod. proc. civ., the presidential decree refusing recognition inaudita altera parte has merely provisional stability, being destined to be replaced by the order made in the opposition proceedings; it follows that it does not constitute a pronouncement, not even a non-final one, on the non-existence of the right capable of causing the loss of effectiveness of the conservatory attachment within the meaning of art. 669-novies, third paragraph, cod. proc. civ., which presupposes a determination on full cognisance.