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ITALY 204
Corte di Appello, Milan, First Civil Chamber, 22 May 2023, No. 1646/2023, Case No. 2462/2021
(Liner Italia International S.p.a. v. Inter Papier Handelsgesellschaft ... Read more
Corte di Appello, Milan, First Civil Chamber, 22 May 2023, No. 1646/2023, Case No. 2462/2021
(Liner Italia International S.p.a. v. Inter Papier Handelsgesellschaft m.b.H.)
ITALY 204
The Court of Appeal affirmed its ex parte order granting recognition of a German award, finding that the arbitration clause in general conditions of sale had been validly incorporated in the parties’ contract, which had been concluded through an exchange of purchase orders and order confirmations mentioning the general conditions and indicating that these were available on the website or could be sent upon demand.
The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.
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.
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.
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.
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.