ITALY 54

08 - 06 - 1981

ITALY 54

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. VIII (1983)
Jurisdiction Italy
Summary

Italy 54. Corte di Appello, Ancona, 8 June 1981

Related topics
111

The court discusses the application of the Convention to awards rendered by permanent arbitral bodies (as opposed to ad hoc awards).

Permanent arbitral bodies (paragraph 2)
203-204 Formal validity, uniform law and municipal law
210

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

Articles 1341 and 1342 Italian Civil Code
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
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
406

The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

Translation (paragraph 2)
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
704

More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.

European Convention of 1961
ITALY 54