Jurisdiction(s):
United Kingdom

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Recognition and Enforcement of Foreign and Domestic Arbitral Awards in Italy: Procedure, Grounds for Refusal, Appeals, Costs and Timing

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Practice notes

In Italy, the recognition and Enforcement of international arbitral awards is governed by sections 839–840 of the Italian Civil Procedural Code (CPC), which gives effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The New York Convention was implemented in Italy by Law no. 62 of 19 January 1968.

Petition to the President of the Court of Appeals

Under CPC, s 839, a party wishing to enforce an international arbitral award in Italy must submit a petition to the President of the Court of Appeals for the district in which the Counterparty resides. If the counterparty has no residence in Italy, the competent Court of Appeals is in Rome. With the petition, and in line with Article IV of the New York Convention, The petitioner must lodge:

the original of the award
the instrument containing the arbitration clause, and
certified Italian translations of these documents

At this stage, the other party is not summoned. Once the formal validity of the award has been verified, the President of the Court of Appeals will declare the enforceability of the...

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Filippo Frigerio

Portolano Cavallo

Filippo joined Portolano Cavallo in 2015. He is an attorney-at-law in Milan and earned his Law degree at the Università commerciale Luigi Bocconi of Milan in 2015.In 2021, he attended the International Arbitration LL.M. at the University of Miami School of Law.Filippo assists both Italian and foreign clients in litigation and arbitration disputes on civil and commercial matters. He provides assistance in connection with digital media, new technologies, intermediary liability, copyright, and Italian and European legislation concerning the protection of personal data.While completing his university studies, Filippo attended courses at the University of Minnesota Law School of Minneapolis for a period of 5 months.Until 2019, he served as teaching assistant at the Università Commerciale Luigi Bocconi. Between 2017 and 2018 he served as teaching assistant for the course “Fundamentals of Information Technology Law.”In 2019, he attended the Columbia Summer Program in American Law at...

Martina Lucenti

Portolano Cavallo

Martina joined Portolano Cavallo in 2017. She focuses on domestic and international litigation and arbitration.She assists Italian and foreign clients in commercial and corporate disputes, post-M&A litigation, directors and officers’ liability suits, liability of financial and insurance intermediaries, insolvency litigation. She also assisted companies in civil actions for vicarious liability brought before criminal courts.Martina acted as sole arbitrator and co-arbitrator in proceedings administered by the Milan Chamber of Arbitration.She is a member of the International Bar Association (IBA), the International Chamber of Commerce (ICC), ArbitralWomen and of the Women’s White Collar Defence Association (WWCDA).She is included by Who’s Who Legal in the Arbitration Future Leaders – Partners 2023 guide.Before joining Portolano Cavallo, Martina worked for 12 years in the Litigation and Arbitration Department of BonelliErede, and previously at De Berti Jacchia Franchini Forlani.In 2005, she obtained a Diploma in English...

Web page updated on 22/05/2026

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