ITALY 2
Yearbook
Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. I (1976)
Jurisdiction
Italy
Original full text
Full text decision ITALY 2
Excerpt
Excerpt decision ITALY 2
Summary
Italy 2. Corte di Cassazione, Plenary Session, 27 February 1970
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
103
Nationality of the parties no criterion
The court discusses the impact of the nationality of the parties on the application of the Convention.
112
Retroactivity
The court discusses whether the Convention may be applied retroactively and, if so, as of when: e.g., with the conclusion of the arbitration agreement, the commencement of arbitration, the rendition of the award.
218
Referral is mandatory
The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.