ITALY 123
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVIII (1993)
Jurisdiction
Italy
Original full text
Full text decision ITALY 123
Excerpt
Excerpt decision ITALY 123
Summary
Italy 123. Corte di Cassazione, 22 February 1992
Related topics
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.
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.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
509
"Proper notice"
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
513
Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure