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Judgment of 3 April 1987

XVII Y.B. Comm. Arb. 529 (1992)

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Judgment of 3 April 1987

Italy Supreme Court of Cassation
XVII Y.B. Comm. Arb. 529 (1992)

Facts

Haupl (plaintiff) and Abati (defendant) entered a contract containing an arbitration clause. A dispute arose between the parties, and the parties referred the dispute to an arbitral tribunal located in Vienna, Austria. On August 11, 1981, Abati received a summons to appear before the arbitral tribunal seated in Vienna. The arbitral tribunal scheduled Abati’s appearance for September 8, 1981. The arbitral tribunal seated in Vienna entered an arbitral award in favor of Haupl and against Abati. Haupl filed a lawsuit in the Italian courts, seeking recognition and enforcement of the arbitral award. Abati objected to the recognition and enforcement of the arbitral award, arguing the tribunal did not provide it a sufficient notice period. The Milan Court of Appeal granted recognition of the arbitration award in favor of Haupl. The Milan High Court concluded that the notice period between August 11 and September 8 was sufficient, rejecting Abati’s argument that the notice was insufficient given that businesses in its home nation habitually concentrate vacations in August. Abati appealed to the Italian Supreme Court, arguing the Milan Court of Appeal violated Article V(1)(b) of the New York Convention in granting recognition for the arbitral award.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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