ITALY 78
Yearbook
Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. X (1985)
Jurisdiction
Italy
Original full text
Full text decision ITALY 78
Excerpt
Excerpt decision ITALY 78
Summary
Italy 78. Corte di Cassazione, 19 January 1984
Related topics
203-204
Formal validity, uniform law and municipal law
210
Articles 1341 and 1342 Italian Civil Code
The court discusses these Articles, which require a specific, separate signature for (domestic) arbitration agreements.
502
No re-examination of the merits of the arbitral award
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
510
Time limits and notice periods
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.
520
Ground b: Public policy - Default of party
Public policy:The court discusses the consequences of the default of a party in the arbitration on the recognition and enforcement of an arbitral award against it.