The recognition of the enforceability in Italy of a foreign arbitral award, pursuant to Article 839 of the Code of Civil Procedure, requires verification of the formal regularity of the award, the arbitrability of the dispute under Italian law, the conduct of the arbitral proceedings with both parties being heard, and the absence of provisions contrary to public policy.
The finality of the foreign arbitral award, resulting from the dismissal of the challenge brought before the judicial authority of the place where the award was rendered, constitutes a relevant prerequisite for the recognition of its enforceability in the Italian legal system.
The proceedings for the recognition of the enforceability of a foreign arbitral award, pursuant to Article 839 of the Code of Civil Procedure, are non-contentious in nature and are conducted without adversarial proceedings in their initial phase, with the consequent exclusion of any order as to costs.