Posted at 10:01h
Luca Radicati di Brozolo as co-counsel successfully represented Hezar Aluminum Industries Co. before the Court of Appeal of Turin in an action for the enforcement of an ICC Swiss-seated award in a dispute over the construction of a plant in Iran. The Italian contractor contested the enforcement on the ground that Hezar would be collecting twice, since it had drawn the bank guarantees.
On February 15, 2016 the Court granted enforcement holding that, although not expressly mentioned in the dispositive, the payment of the guarantees had been taken into consideration by the arbitral tribunal and that in any event the issue related to the merits and could not be reviewed at the enforcement stage. The Court also declined to find a violation of public policy. The Court of Appeal’s reasoning is in line with international case-law on arbitration and confirms the arbitration-friendly attitude of Italian courts.