Publications

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:

October 19, 2022

Bibliographic citation:

Ragno, Francesca, Country Report: Italy Due Process as a Limit to Discretion in International Commercial Arbitration , Kluwer Law International , 2020 , pp. 237-250

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