ITALY 122
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVIII (1993)
Jurisdiction
Italy
Original full text
Full text decision ITALY 122
Excerpt
Excerpt decision ITALY 122
Summary
Italy 122. Corte di Cassazione, 15 January 1992
Related topics
108
Arbitral award: arbitrato irrituale (Italy) and other procedures akin to arbitration
The court discusses whether procedures akin to arbitration fall under the Convention.
210
Articles 1341 and 1342 Italian Civil Code
The court discusses these Articles, which require a specific, separate signature for (domestic) arbitration agreements.
301
Procedure for enforcement in general
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
505
Incapacity of party
514
Ground e: Award not binding, suspended or set aside - "Binding"