ITALY 201

Corte di Cassazione, 30 November 2020, no. 27322/2020
(Costruzioni Falcione Geom. Luigi s.r.l. v. Al Nabri Global Investment Company LLC)

30 - 11 - 2020

ITALY 201

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)

Jurisdiction Italy

Original full text Full text decision ITALY 201

Excerpt Excerpt decision ITALY 201

Summary

Falcione's appeal was found to be inadmissible, as it sought a review of the factual findings of the court of appeal, which had granted enforcement of an UAE award.

Related topics

301

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.

Procedure for enforcement in general

503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent

505 Incapacity of party

508 Ground b: Violation of due process in general

ITALY 201