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Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

Chapter I - Submission to Arbitration and Arbitration Clause

Article 806 - Submission to Arbitration

Article 807 - Form of the Submission to Arbitration

Article 808 - Arbitration Clause

Article 809 - Number and Manner of Appointment of Arbitrators

Chapter II - The Arbitrators

Article 810 - Appointment of the Arbitrators

Article 811 - Replacement of Arbitrators

Article 812 - Capacity to Act as Arbitrator

Article 813 - Acceptance and Duties of the Arbitrators

Article 814 - Rights of the Arbitrators

Article 815 - Challenge of the Arbitrators

Chapter III - The Proceedings

Article 816 - Course of the Proceedings

Article 817 - Objection of Lack of Jurisdiction

Article 818 - Interim Measures of Protection

Article 819 - Incidental Issues

Article 819-bis Connected Cases (Connessione)

Article 819-ter Hearing of Witnesses

Chapter IV - The Award

Article 820 - Time-Limit for the Decision

Article 821 - Relevance of the Expiry of the Time-Limit

Article 822 - Rules for the Deliberation [of the Award]

Article 823 - Deliberation of and Requirements for the Award

Article 824 - Place of Decision

Article 825 - Filing of the Award

Article 826 - Correction of the Award

Chapter V - Means of Recourse

Article 827 - Means of Recourse

Article 828 - Recourse for Setting Aside

Article 829 - Grounds for Setting Aside

Article 830 - Decision on the Recourse for Setting Aside

Article 831 - Revocation and Third Party Opposition

Chapter VI - International Arbitration

Article 832 - International Arbitration

Article 833 - Form of the Arbitration Clause

Article 834 - Rules Applicable to the Merits

Article 835 - Language of the Arbitration

Article 836 - Challenge of the Arbitrators

Article 837 - Deliberation of the Award

Article 838 - Recourse

Chapter VII - Foreign Awards

Article 839 - Recognition and Enforcement of Foreign Arbitral Awards

Article 840 - Opposition

Concordance (wordlist)

Manifest (alternative outputs)

Metadata

Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

Italy

copy @ Lex Mercatoria

Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

Chapter VII - Foreign Awards

Article 840 - Opposition

An opposition may be filed against the decree granting or denying enforcement of the foreign award by filing a writ of summons with the Court of Appeal within thirty days of communication of the decree denying enforcement or notification of the decree granting enforcement.

After the filing of the opposition, the proceedings shall be held in accordance with Article 645 and following in so far as they are applicable. The Court of Appeal decides in a judgment subject to recourse before the Supreme Court (Corte di Cassazione).

The Court of Appeal shall refuse the recognition or the enforcement of the foreign award if in the opposition proceedings the party against which the award is invoked proves the existence of one of the following circumstances:

1) the parties to the arbitration agreement were, under the law applicable to them, under some incapacity, or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the State where the award was made;

2) the party against which the award is invoked was not informed of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case in the proceedings;

3) the award decided upon a dispute not contemplated in the submission to arbitration or in the arbitration clause, or exceeded the limits of the submission to arbitration or of the arbitration clause; nevertheless, if the decisions in the award which concern questions submitted to arbitration can be separated from those concerning questions not so submitted the first can be recognized and enforced;

4) the composition of the arbitration tribunal or the arbitration proceedings was not in accordance with the agreement of the parties or, failing such an agreement, with the law of the place where the arbitration took place;

5) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the State in which, or under the law of which, it was made.

If an application for the setting aside or suspension of the effects of the award has been made to the competent authority indicated at number 5) of the third paragraph, the Court of Appeal may adjourn the decision on the recognition or enforcement of the award; on the request of the party seeking enforcement it may, in the case of suspension, order the other party to give suitable security.

Recognition or enforcement of a foreign award shall be refused also where the Court of Appeal shall ascertain that:

1) the subject matter is not capable of settlement by arbitration (la controversia non potesse formare oggetto di compromesso) under Italian law;

2) the award contains provisions contrary to public policy.

In all cases, the provisions of international treaties shall be applicable.

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