Court of Cagliari, ord. 22 September 2025
Legal Principle
In matters concerning the recognition and enforcement of foreign arbitral awards, when a foreign branch of an Italian company, despite lacking autonomous legal personality under the law of the place of incorporation, enters into contracts and participates in arbitral proceedings, the contractual and procedural legal effects are automatically attributed to the Italian parent company by virtue of the organic link, without this constituting a violation of the principle of adversarial proceedings against the latter.
For the purposes of suspending the enforcement effect of a foreign arbitral award pursuant to article 840 of the Code of Civil Procedure, the mere pendency of an appeal to the Court of Cassation in the State of origin of the award, when challenges in previous instances have been rejected, does not in itself constitute the serious grounds required by the provision, particularly when the content of the appeal has not been demonstrated nor any specific defect of the award alleged.
Methodological Notes
standard