ITALY 46

28 - 11 - 1977

ITALY 46

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. VII (1982)
Jurisdiction Italy
Original full text Full text decision ITALY 46
Excerpt Excerpt decision ITALY 46
Summary

Italy 46. Corte di Cassazione, First Chamber, 7 October 1980 and Corte Di Appello, Bari, 28 November 1977
Related topics
203-204 Formal validity, uniform law and municipal law
205

The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

Signatures
210

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

 Articles 1341 and 1342 Italian Civil Code
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
510

Due process: The court discusses what are to be considered proper time limits and notice periods that fulfill the requirement that the party opposing recognition and enforcement of the arbitral award was extended due process.

Time limits and notice periods
705

The court discusses the relationship between the New York Convention, the Geneva Protocol on Arbitration Clauses of 1923, and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927.

 Relationship with Geneva Treaties of 1923 and 1927
ITALY 46