Court of Appeal of Rome, order 5 November 2025
Legal Principle
The recognition and declaration of enforceability of a foreign arbitral award in Italy, pursuant to Article 839 of the Code of Civil Procedure, fall within the functional jurisdiction of the President of the territorially competent Court of Appeal, who shall issue a decree following verification of the formal regularity of the award, the arbitrability of the dispute under Italian law, and the compatibility of the award's provisions with public policy.
The proceedings for the declaration of effectiveness of a foreign arbitral award pursuant to Article 839 of the Code of Civil Procedure constitute non-contentious proceedings conducted without adversarial hearing, with the consequent exclusion of any order as to costs.
Methodological Notes
standard