Pursuant to art. 839, paragraph 1, of the Code of Civil Procedure, exclusive functional jurisdiction to rule on an application for recognition of the enforceability in Italy of a foreign arbitral award vests in the President of the Court of Appeal of the district in which the party against whom the award is to be enforced is domiciled or resident, or, failing that, in the President of the Court of Appeal of Rome, with power to delegate to a member of that Court.
Recognition and declaration of immediate enforceability in Italy of a foreign arbitral award require the cumulative satisfaction of the following conditions: the formal regularity of the award, verified also by examination of the key documentation produced in hard copy; the arbitrability of the subject matter of the dispute under Italian law; and the absence in the award of provisions contrary to public policy. The proceedings, not being conducted inter partes, fall within the scope of non-contentious (voluntary) jurisdiction and do not give rise to an award of costs.