ITALY 180 B

Corte di Cassazione, First Chamber, 23 July 2009, no. 17312

(Nigi Agricoltura srl v. Inter Eltra Kommerz und Produktion GmbH)

23 - 07 - 2009

ITALY 180 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXV (2010)
Jurisdiction Italy
Original full text Full text decision ITALY 180 B
Excerpt Excerpt decision ITALY 180 B
Summary

See also Corte di Appello, Florence, 11 March 2004 (Nigi Agricoltura srl v. Inter Eltra Kommerz und Produktion GmbH) ITALY 180 A
Related topics
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
505 Incapacity of party
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
ITALY 180 B