ITALY 60

17 - 03 - 1982

ITALY 60

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IX (1984)
Jurisdiction Italy
Summary

Italy 60. Corte di Cassazione, First Chamber, 17 March 1982

Related topics
103

The court discusses the impact of the nationality of the parties on the application of the Convention. 

Nationality of the parties no criterion
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
503

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

Burden of proof on respondent
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
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
ITALY 60