ITALY 72

15 - 12 - 1982

ITALY 72

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. X (1985)
Jurisdiction Italy
Summary

Italy 72. Corte di Cassazione, First Chamber, 15 December 1982

Related topics
108

The court discusses whether procedures akin to arbitration fall under the Convention.

Arbitral award: arbitrato irrituale (Italy) and other procedures akin to arbitration
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
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
514 Ground e: Award not binding, suspended or set aside - "Binding"
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
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
ITALY 72