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- ITALY 124 A
ITALY 124 A
Corte di Cassazione, 7 August 1992, no. 9380
(Attika Shipping Company v. Bluemar SA)
ITALY 124 A
The Supreme Court decided on the same day two separate applications for a preliminary ruling on jurisdiction. Bluemar had filed a possessory action for reacquisition (reintegrazione nel possesso) and a request for a preliminary expert report (accertamento tecnico preventivo) in respect of a vessel it had chartered from Attika. Attika relied on the arbitration clause in the charter party to argue the lack of jurisdiction of the Italian court. In the present decision, no. 9380, the Supreme Court found that the arbitration clause deprived the Italian courts of jurisdiction to order a preliminary expert report. In decision no. 9381 (ITALY 124 B), on the contrary, the Court held that a possessory action fell within the exclusive jurisdiction of the state courts.
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.
The court discusses the second alternative requirement of Art. II(2) that the arbitration agreement is “contained in an exchange of letters or telegrams”.
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.