ITALY 59

28 - 01 - 1982

ITALY 59

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IX (1984)
Jurisdiction Italy
Summary

Italy 59. Corte di Cassazione, First Chamber, 28 January 1982

Related topics
103

The court discusses the impact of the nationality of the parties on the application of the Convention. 

Nationality of the parties no criterion
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
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
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
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
514 Ground e: Award not binding, suspended or set aside - "Binding"
520

Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.

Ground b: Public policy - Default of party
ITALY 59