ITALY 46 A

Corte di Appello, Bari, 28 November 1977

(Getreide Import Gesellschaft mbH v. Fratelli Casillo)

28 - 11 - 1977

ITALY 46 A

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. VII (1982)

Jurisdiction Italy

Original full text Full text decision ITALY 46 A

Excerpt Excerpt decision ITALY 46 A

Summary

See also Corte di Cassazione, 7 October 1980, no. 5378 (Getreide Import Gesellschaft mbH v. Fratelli Casillo) ITALY 46 B

Related topics

203-204 Formal validity, uniform law and municipal law

205

The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

Signatures

210

The court discusses these Articles, which require a specific, separate signature for (domestic) arbitration agreements.

Articles 1341 and 1342 Italian Civil Code

504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II

510

Due process: The court discusses what are to be considered proper time limits and notice periods that fulfill the requirement that the party opposing recognition and enforcement of the arbitral award was extended due process.

Time limits and notice periods

705

The court discusses the relationship between the New York Convention, the Geneva Protocol on Arbitration Clauses of 1923, and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927.

Relationship with Geneva Treaties of 1923 and 1927

ITALY 46 A