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ITALY 199
Corte d'Appello, Genoa, 10 June 2020
(Ferruccio Rossi v. Ferretti s.p.a.)
ITALY 199
Ferretti s.p.a. claimed that Ferruccio Rossi violated his duties as general manager by concluding certain agreements on behalf of Ferretti. It therefore commenced ICC arbitration in Switzerland, as provided for in its articles of association, seeking compensation from Rossi for any amounts Ferretti would have to pay under those agreements. By the present decision, the Genoa Court denied the opposition to the President's order granting enforcement of the ICC award rendered in Ferretti's favour. It held that while Italian law was the law governing the articles of association of the company, the validity of the arbitration clause in the articles had to be assessed on the basis of the law of the seat of the arbitration, which the parties had contractually established in Geneva. The rules of Italian law regulating arbitration of disputes in company law matters were therefore inapplicable.
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.