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- ITALY 109 B
ITALY 109 B
Corte di Cassazione, 26 May 1987, no. 4706
(Jassica SA v. Ditta Gioacchino Polojaz)
ITALY 109 B
See also Corte di Cassazione, 12 February 1987, no. 1526 (Jassica SA v. Ditta Gioacchino Polojaz) ITALY 109 A
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.
The court discusses issues relating to the moment when the documents that are required for seeking recognition and enforcement must be supplied, and whether any defect can be cured later in the enforcement proceeding.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.