International Commercial Arbitration – Lost? Take a glance at our Road Map! – Part II (2)
By Patrizia Giannini, S4B Solutions 4 Business
Part 1 of this topic was presented last year, addressing the applicable conventions, institutions and procedure, putting the “key in the ignition” - Part 2 continues our road trip.
Non-party Issues – or, who’s in the back seat anyway? Arbitration and discovery can be invoked against a nonparty. Setting Aside the Award – or, put this vehicle in reverse!
An award can be enforced/recognized OR set aside. Know grounds, time limits, which courts can set aside, choice of (substantive) law, and the forum with closest links to subject matter. Can interim awards be set aside? Is the right to set-aside waivable? Is the setaside power of courts expandable? Consequence of an award that has been set aside: domestically void; internationally, may affect subsequent R/E proceedings.
Recognition and Enforcement (R/E) – or, full speed ahead! Sue to enforce where the award-debtor has assets. Public Policy considerations: due-process argument, and specific public interest (embargo)--not usually based on general public interest issues. The public policy at issue is in the country where the R/E is sought.
Grounds to deny R/E include public policy, non-arbitrability of a matter (domestic v international) and public interest in judicial resolution. Also, notice and opportunity to be heard, key witness, matters decided beyond the scope of submission, manifest disregard of the law, or forum non conveniens.
Follow this road map – more details to follow, but don’t be afraid to ask for directions!
S4B Solutions 4 Business, Rome, Italy
T: +39 06 323 07 27
Attorney Patrizia Giannini, became certified by the Italian Bar in 1997, having graduated from law school in 1994 followed by a two-year clerkship in 1996. She was admitted to practice in the Italian Supreme Court in 2009. She is Adjunct Professor at the La Sapienza University, Rome, for Civil Law (contract, family, wills/trusts). She is also Civil Arbiter appointed by the Court of Rome and a courtappointed Judicial Administrator as well as being appointed to the Curatore Fallimentare, the official register of trustees/receivers to businesses in receivership. She is the Regional Chairperson, Europe of GGI’s IDR PG.
Giannini Law Firm, partnered with S4B Solutions for Business, is based in Rome. Practice areas include private/corporate civil practice, ADR, insurance law, bankruptcy/receivership, real estate, inheritance law, family, divorce and juvenile law.
published: September 2015