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ITALY 200
Corte d'Appello, Milan, 29 October 2020
(SICES s.p.a. in fallimento v. TB Technical Trading GmbH)
ITALY 200
The Court denied the opposition to the order of the President, who had granted enforcement of a VIAC interim award. The Court found that the issue of the validity of the arbitral clause, which had been concluded through telefaxes, had already been settled by the arbitral tribunal. Further, the order in the interim award for SICES to disclose certain additional documents was not at odds with international public policy, that is, with the fundamental principles of the Italian legal system.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.