sentenza
No. 495
Year: 2022

Court of Appeal of Venice, 4 March 2022, n. 495

⚖️ Corte di Appello di Venezia
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Legal Principle

Regard to the order public procedural in theme theme of recognition of praise foreigners, the judge must check if they are states satisfied i principles fundamental of the system, even relative per procedure fo RMater of the decision, with the clarification which not is acknowledgment one violation of the right defense in each non -compliance one a provision of the law procedural foreign a protection of the participation of the Part to the judgment, but only when it is, per the its relevant incidence, has one one lesion of the right of defense compared to the entire process, placing in contrast with the order public procedural Reportable to principles inviolable seats a warranty of the right of act and of resist in judgment and not where it invests the sun mode with which these rights are regulated or si in the single units.
At the fine of the recognition and of the execution of the pit foreigner, ai senses of art. 5, co. 2, letter b), of the convention of new york of 10 June 1958, performance executive with L . 19 January 1968, n. 62, the requirement of the not contrarier to the order public Italian it must be found with exclusive regard to part device of the ruling arbitration.
The hypothesis of refusal of recognition and execution of praise foreigner foreseen by art. 840, co. 2, n. 2, cod. Proc. Civ., Consistent in the impossibility of f AR Valere the own defense in the procedure referee, not is made per the only fact that a particular provision procedural, current in the system foreigner and applicable in the case, is it was violated, being instead necessary that yes it is verified the aforementioned radical impossibility of defense, VIC Eversaro configuring only a a vice of the procedure arbitration from to do worth, if anything, in the legal system foreigner and with i vehicles appeal from the one foreseen.

Methodological Notes

standard

How to cite

Corte di Appello di Venezia, 04/03/2022, n. 495, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-venice-4-march-2022-n-495-en-1752161102/