ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
13.4 Procedure for Enforcing Domestic and Foreign Arbitration Domestic Arbitration In order to render the arbitral award enforceable, the interested party shall file a motion with the compe- tent court of first instance. The court, having ascer- tained the formal regularity of the award, shall declare it enforceable. Foreign Arbitration A party wishing to enforce a foreign award in Italy shall file a motion with the competent court of appeal. The president of the court of appeal shall ascertain the formal regularity of the award and declare it immedi- ately enforceable unless: • the dispute could not be subject to compromise under Italian law; or • the award contains provisions contrary to public policy. 14. Outlook 14.1 Proposals for Dispute Resolution Reform The provisions on dispute resolution were subject to a major reform (the so-called Cartabia Reform) in 2023. 14.2 Growth Areas The provisions on dispute resolution were subject to a major reform (the so-called Cartabia Reform) in 2023.
to challenge the award on this ground has been notified to the other parties and to the arbitrators before the issuing of the award; • if the formalities required by the parties – under express sanction of nullity – have not been com- plied with and nullity has not been cured; • if the award is contrary to a previous award or judgment having force of res judicata between the same parties, provided that said award or court decision has not been brought to the attention of the arbitrators during the proceedings; • if the principle of due process has not been observed during the arbitration proceedings; • if the award concludes the arbitral proceedings without deciding the merits of the dispute and the merits had to be decided; • if the award contains contradictory provisions; or • if the award failed to issue a decision on some of the claims and objections falling under the scope of the arbitration agreement. The award may be appealed on the ground of violation of rules of law relating to the merits of the case only if expressly provided for by the parties or by law. In case of violation of rules of public policy, the appeal is always allowed. Arbitration awards can also be subject to revocation and third-party opposition (please see 10.1 Levels of Appeal or Review to a Litigation and 10.2 Rules Con- cerning Appeals of Judgments ).
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