ITALY 105
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVI (1991)
Jurisdiction
Italy
Original full text
Full text decision ITALY 105
Excerpt
Excerpt decision ITALY 105
Summary
Italy 105. Corte di Cassazione, 16 November 1987
Related topics
201
Scope of arbitration agreement
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
222
Arbitrator's competence and separability of the arbitration clause
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
502
No re-examination of the merits of the arbitral award
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.