WTB (Germany) v. CREI (Italy).

21 Y.B. Comm. Arb. 590 (1996)

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WTB (Germany) v. CREI (Italy).

Italy Court of Appeal
21 Y.B. Comm. Arb. 590 (1996)

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Facts

WTB (plaintiff) and Costruire Societa Cooperativa a responsabilta limitada (CREI) (defendant) entered into a construction contract that contained an arbitration clause. CREI did not want to continue the contract, sent WTB notice of termination, and initiated arbitration to formally terminate the contract. WTB counterclaimed for CREI’s wrongful termination of the contract. In 1988 the arbitral panel issued a partial award determining that CREI was liable to WTB for wrongful termination (the partial award), and in 1989 the panel issued a second award on the amount of damages CREI was to pay WTB (the final award). The final award referenced the partial award, but did not specifically set forth the findings and conclusions from the partial award. WTB sought to enforce the final award in Italian court, but it did not seek enforcement of the partial award, nor did WTB include a certified copy of the partial award with the petition for enforcement. The lower court rejected enforcement on the ground that the final award was incomplete and the entire arbitral decision was not before the court for consideration. WTB appealed.

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Holding and Reasoning ()

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