Competence to declare a foreign arbitral award effective in the Italian Republic belongs, under art. 839, co. 1 cod. proc. civ., to the court of appeal in whose district the persons against whom the award is to be relied upon reside or have their seat.
For the purposes of recognition, the arbitration clause must satisfy the formal requirements of validity laid down in art. II of the New York Convention of 10 June 1958 and in art. 807 cod. proc. civ., so as to constitute a valid contractual basis for the referral of the dispute to arbitrators.
A consent award which, incorporating the settlement agreement signed by the parties, is of an arbitral, binding and final character under the law applicable to the proceedings and is equivalent to a decision having become res judicata in the legal order of origin, is capable of recognition.
The arbitrability of the dispute is to be assessed according to the criteria laid down by Italian law, the award being required to concern rights capable of being disposed of within the meaning of art. 806 cod. proc. civ.
Recognition presupposes that the adversarial process was duly established and that the right of defence was respected in the arbitral proceedings, as well as the absence of any conflict between the award, including its operative part, and public policy.