In the matter of recognition and enforcement of foreign arbitral awards, pursuant to artt. 839 and 840 cod. proc. civ., the court hearing the opposition to the recognition order may not re-examine the merits of the dispute decided by the arbitrators, the review being confined to the grounds exhaustively listed in art. 840 co. 3 cod. proc. civ.
The arbitration agreement contained in a contract that refers to an international arbitration rules, which in turn provide for the application of a particular substantive law, constitutes a valid choice of the applicable law within the meaning of art. 3 of Regulation (EC) No 593/2008 (Rome I); the formal validity of the arbitration clause is to be assessed pursuant to art. 840 co. 3 n. 1 cod. proc. civ. under the law to which the parties have subjected it.
The incompatibility of a foreign arbitral award with public policy, as a ground for refusal of recognition within the meaning of art. 840 co. 3 n. 5 cod. proc. civ., must be ascertained by reference to the operative part of the award and must be raised with specific indication of the manner in which the alleged infringement occurred; international public policy comprises only the fundamental and inalienable principles of the Italian legal order.