ITALY 25

17 - 04 - 1978

ITALY 25

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IV (1979)
Jurisdiction Italy
Summary

Italy 25. Corte di Cassazione, First Chamber, 17 April 1978

Related topics
106

The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).

Problems concerning the identity of a party
111

The court discusses the application of the Convention to awards rendered by permanent arbitral bodies (as opposed to ad hoc awards).

Permanent arbitral bodies (paragraph 2)
210

The court discusses these Articles, which require a specific, separate signature for (domestic) arbitration agreements.

Articles 1341 and 1342 Italian Civil Code
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
ITALY 25