For the purposes of recognising a foreign arbitral award under the New York Convention of 10 June 1958 and art. 840, para. 3, No. 1), of the Code of Civil Procedure, the validity of the arbitration agreement must be assessed under the law chosen by the parties or, failing that, under the law of the country in which the award was rendered, and not under Italian domestic law.
An arbitration clause contained in a contract governed by Swiss law may be extended to a non-signatory party who actively participated in the negotiation and performance of the contractual relationship, thereby manifesting by conclusive conduct the intention to be bound by it.