Pursuant to Article 839 CCP, the Party seeking enforcement of a foreign award in Italy must supply the original award or a certified copy thereof, together with the original arbitration agreement, or a certified copy thereof. The motion for the recognition of a foreign award must be signed by a lawyer admitted to practise law in Italy and powers of attorney must be attached.
The aforementioned Article 839 CCP requires that if the original award and the original arbitration agreement (or equivalent document) are not written in Italian, then the petitioner shall in addition produce a certified translation thereof. No further requirements in respect of the translation are specified in the CCP. However, translations are certified by an official or sworn translator, by a diplomatic or consular agent.
No further requirements but for the ones laid out under question #9
The set of rules governing the service of documents on an addressee located in Italy are the following:
Unless otherwise provided by law, service on an addressee is to be performed by a judicial officer following a request by a party, a public prosecutor or a court clerk. The judicial officer physically delivers the document to the addressee at his or her residence or anywhere else the addressee is physically located within the district to which the judicial officer is assigned.
If service cannot be effected in this manner, the addressee may be served in the municipality of residence, at his or her home or place of business. If the addressee is not present, the document may be handed to a family member (or member of the household) or someone employed at the addressee’s place of business, provided that the individual is aged 14 years or older and has mental capacity.
If the addressee cannot be served this way either, service may be made at the town hall of the relevant municipality.
Alternatively, service may also be made where the addressee has elected his or her residence. This will be mandatory if the addressee’s election of residence is expressly specified in a contract.
Additionally, if the addressee is a legal entity, service must be made at its registered office or, alternatively, at its statutory residence if these two addresses do not coincide. The document should be delivered to the legal entity’s representative or any other individual legally entitled to accept service.
The service of documents may also be effected by certified e-mail. However, this form of service can only be used with addressees who must, by law, possess a certified email address (legal entities, sole proprietors, certain registered professionals (e.g., lawyers, engineers, certified accountants, etc.) and public administrative bodies).
The court may also order, ex officio, a means of service other than those provided by law if the court considers this appropriate under the circumstances; or reasons exist concerning celerity, confidentiality or the need to safeguard dignity. For example, when it is impossible for the service to be submitted according to the rules (that is the case when a strike of bailiffs or a natural disaster occur and courts are temporally condemned). Reasons for more celerity can be found when the service is necessary for the purpose of the interruption of periods of legal prescription.
There are some differences in the procedure of the enforcement of domestic and foreign arbitral awards. As regards domestic awards, according to Article 825 CCP, the court of the district in which the arbitration has its seat is competent for the enforcement of the domestic award. If the award is declared enforceable, it may be registered (trascritto) in all cases where a judgment of the same content would be subject to registration. With regards to the enforcement procedure of a foreign award, see above question # 9.