ITALY 109 B

Corte di Cassazione, 26 May 1987, no. 4706

(Jassica SA v. Ditta Gioacchino Polojaz)

26 - 05 - 1987

ITALY 109 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVII (1992)
Jurisdiction Italy
Summary

See also Corte di Cassazione, 12 February 1987, no. 1526 (Jassica SA v. Ditta Gioacchino Polojaz) ITALY 109 A

Related topics
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
405

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.

"At the time of application"
503

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

Burden of proof on respondent
ITALY 109 B