Publications

Country Report: Italy  (2020)

Authors:
Ragno, Francesca
Title:
Country Report: Italy
Year:
2020
Type of item:
Contributo in volume (Capitolo o Saggio)
Tipologia ANVUR:
Contributo in volume (Capitolo o Saggio)
Language:
Inglese
Format:
A Stampa
Book Title:
Due Process as a Limit to Discretion in International Commercial Arbitration
Publisher:
Kluwer Law International
ISBN:
978-94-035-1950-0
Page numbers:
237-250
Keyword:
Due process, Enforcement of arbitral awards, challenge of arbitral awards, International commercial arbitration
Short description of contents:
The paper is devoted to examining to which extent due process guarantees represent a limit to arbitral discretion in Italy. The analysis shows that in Italy the only limits to the procedural autonomy of the parties and arbitral discretion are to be found in the overarching principles of procedural public policy, such as the principle of due process. In this respect, the paper points out that Italian courts approach the question of a possible violation of fundamental due process guarantees at the post-award stage by taking into account the informality and flexibility that characterize the proceedings apud arbitros. The threshold employed to determine whether a violation has occurred is high and is set so as to require a significant—and, at times, absolute—infringement of the right invoked.
Product ID:
116822
Handle IRIS:
11562/1027589
Last Modified:
December 2, 2020
Bibliographic citation:
Ragno, Francesca, Country Report: Italy Due Process as a Limit to Discretion in International Commercial ArbitrationKluwer Law International2020pp. 237-250

Consulta la scheda completa presente nel repository istituzionale della Ricerca di Ateneo IRIS

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