ITALY 2022-D

Corte di Cassazione, 30 November 2020, no. 27322/2020
(Costruzioni Falcione Geom. Luigi s.r.l. v. Al Nabri Global Investment Company LLC)
The Italian Court of Cassation denied as inadmissible an appeal by which Falcione was seeking a review of the factual findings of the court of appeal, which had granted enforcement of an UAE award. The lower court had held, on the evidence, that counsel for Al Nabri in the arbitration had been properly appointed, and that Falcione had been notified of the arbitration and had been provided the opportunity to present its case there. The court of appeal had also found that the arbitration clause between the parties had been concluded by an authorized signatory and had been confirmed by Falcione's conduct, as Falcione had participated in the UAE arbitration.


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Topics in ITALY 2022-D
¶301 » Procedure for enforcement in general
¶505 » Incapacity of party
¶509 » “Proper notice”

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