Enforcement of foreign arbitration award in Italy

Italy signed the New York Convention 1958

and ICSID Washington Convention 1965

How can the arbitration award issued abroad be applied in Italy

Italy is signatory member of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York on June 10th 1958, so that the awards rendered abroad are recognized in Italy; due to the fact that Italy has not adopted any limitations as per art. 13 of the Convention, the awards rendered abroad by countries which are not signatories of the Convention are also recognizable.

 

The party who needs to get the recognition in Italy of an award issued abroad shall have to submit an application to the Court of Appeal of the place of residence of the other party, if such party is not resident in Italy such application shall be submitted to the Court of Appeal of Rome.

 

The foreign award shall be declared enforceable by decree issued by the Court of Appeal; against the decree may be filed opposition if:

  • the award contains any provisions contrary to Italian public policy; or

  • the case can’t be settled by arbitration under Italian law.

 

Italy is also signatory member of the Convention on Settlement of Investment Disputes between States and nationals of other states signed in Washington on 18th March 1965 (ICSID).  

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