In proceedings for the recognition of a foreign arbitral award, the translation into Italian of the special power of attorney for the conduct of proceedings issued abroad and of the related certification activity does not constitute a requirement of validity of the instrument, given that the obligation to use the Italian language concerns procedural acts in the strict sense and not those preparatory to the proceedings.
In proceedings for the recognition of a foreign arbitral award under Article 839 of the Code of Civil Procedure, the production of the award and of the submission agreement in original or certified copy constitutes a procedural prerequisite necessary for the valid commencement of the proceedings, whereas deficiencies in the translation of formal and ancillary elements of the documentation are capable of being remedied and supplemented, and do not prevent the recognition of the award.
In proceedings opposing the decree recognising a foreign arbitral award, any review of the reasoning and of the merits of the arbitral decision is excluded, the exequatur court being unable to carry out a reassessment of the issues decided by the arbitrator.
For the purposes of the recognition of a foreign arbitral award, the requirement of non-contrariety to public policy must be interpreted restrictively, with exclusive reference to the fundamental and mandatory rules of the legal order, a diluted notion of public policy coinciding with domestic public policy being excluded.
The principles pertaining to matters that are disposable within the sphere of private contractual autonomy do not constitute the public policy relevant for the purposes of the recognition of foreign arbitral awards.
The arbitration clause conferring arbitral jurisdiction over disputes “in connection with” the contract also encompasses disputes relating to the pre-contractual phase that constitutes a necessary antecedent strictly connected to the contract itself.
The requirement of non-contrariety to public policy in the recognition of a foreign arbitral award must be assessed with reference to the operative part of the arbitral decision and, although an examination of the content of the award is permissible, such examination may not amount to a review of the reasoning.