Arbitral Digest

Matter

Ministero degli Affari Esteri e della Cooperazione Internazionale v Saipem S.p.A. (Italian Court of Cassation 21455/2022)

  1. 31 January 2001Arbitration

    31 January 2001Arbitration

    Arbitral award in the Aequater dispute

    Decision summary
    The arbitral tribunal ordered the Administration to pay 5,950,543,436 Italian lire.

    Supporting details

    2 participants
    Ministry of Foreign Affairs
    Aequater S.p.A.

    16 years, 1 month and 11 days later · 5886 days

  2. 14 March 2017Italy

    14 March 2017Italy

    Judgment of the Court of Appeal of Rome in case 1680/2017 dated 14 March 2017

    Court of Appeal of Rome

    Decision summary
    The Court of Appeal of Rome rejected the Ministry's challenge to the award and ordered it to reimburse Saipem's costs, holding that the arbitration agreement was valid and that the Ministry's challenge to arbitral competence was ineffective or tardy.
  3. Date not availableItaly

    Date not availableItaly

    Judgment of the Court of Appeal of Rome in case 1492/2005

    Court of Appeal of Rome

    Decision summary
    The Court of Appeal of Rome held that the award was legally nonexistent because the arbitrators lacked adjudicative power under the arbitration clause as interpreted by the court.
  4. Date not availableItaly

    Date not availableItaly

    Judgment of the Italian Court of Cassation in case 12338/2013

    Italian Court of Cassation

    Decision summary
    The Court of Cassation allowed Saipem's challenge, quashed the earlier appellate decision, and remanded the case, holding that an arbitration with a significant part of the performance abroad was international and, under the applicable legislation, necessarily ritual.
  5. Date not availableItaly

    Date not availableItaly

    Order of the Italian Court of Cassation in case 24265/2017

    Italian Court of Cassation

    Decision summary
    The Court of Cassation dismissed the Ministry's appeal and ordered it to pay Saipem's costs. It held that the arbitration was an international, necessarily ritual arbitration; the arbitration agreement was valid, the Ministry's challenge was procedurally insufficient or precluded, the general public-works specifications did not apply as asserted, and service of the arbitration request by fax was valid.

    Supporting details

    29 authorities · 6 participants
    Ministry of Foreign Affairs and International Cooperation
    Representative
    Avvocatura Generale dello Stato (For: Ministry of Foreign Affairs and International Cooperation)
    Saipem S.p.A.
    Representative
    Andrea Giardina (For: Saipem S.p.A.)
    Representative
    Ennio Cicconi (For: Saipem S.p.A.)
    Italian Court of Cassation

    Authorities cited

    29
    • Italian Law No. 25 of 5 January 1994 (Law No. 25 of 5 January 1994)
      statute
    • Italian Law No. 73 of 8 May 1985 (Law No. 73 of 8 May 1985)
      statute
    • Italian Law No. 49 of 26 February 1987 (Law No. 49 of 26 February 1987)
      statute
    • Italian Code of Civil Procedure, arts. 806, 808, 817, 829, 830, 831, 832, 838, 112, 2712, 360 and 384
      code
    • Italian Presidential Decree No. 1063 of 16 July 1962 (Presidential Decree No. 1063 of 16 July 1962, arts. 45, 46 and 47)
      statute
    • Italian Royal Decree No. 1611 of 30 October 1933 (Royal Decree No. 1611 of 30 October 1933, art. 11)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention of 10 June 1958, art. 2)
      treaty
    • Italian Legislative Decree No. 40 of 2 February 2006 (Legislative Decree No. 40 of 2 February 2006, art. 25)
      statute
    • Italian Court of Cassation, judgment no. 12338/2013 (Cass., no. 12338/2013)
      case
    • Italian Court of Cassation, judgment no. 1102/2010 (Cass., no. 1102/2010)
      case
    • Italian Court of Cassation, judgment no. 3695/2007 (Cass., no. 3695/2007)
      case
    • Italian Court of Cassation, judgment no. 18460/2004 (Cass., no. 18460/2004)
      case
    • Italian Court of Cassation, judgment no. 544/2004 (Cass., no. 544/2004)
      case
    • Italian Court of Cassation, judgment no. 18155/2002 (Cass., no. 18155/2002)
      case
    • Italian Court of Cassation, judgment no. 13648/2000 (Cass., no. 13648/2000)
      case
    • Italian Court of Cassation, judgment no. 554/2004 (Cass., no. 554/2004)
      case
    • Italian Court of Cassation, judgment no. 12866/2010 (Cass., no. 12866/2010)
      case
    • Italian Court of Cassation, judgment no. 10998/2009 (Cass., Sez. U, no. 10998/2009)
      case
    • Italian Court of Cassation, judgment no. 14986/2017 (Cass., Sez. 1, no. 14986/2017)
      case
    • Italian Court of Cassation, judgment no. 30686/2019 (Cass., Sez. 2, no. 30686/2019)
      case
    • Italian Court of Cassation, judgment no. 9461/2021 (Cass., Sez. 1, no. 9461/2021)
      case
    • Italian Court of Cassation, judgment no. 13603/2019 (Cass., Sez. 3, no. 13603/2019)
      case
    • Italian Court of Cassation, judgment no. 11254/2018 (Cass., Sez. 3, no. 11254/2018)
      case
    • Italian Court of Cassation, judgment no. 29111/2017 (Cass., Sez. 1, no. 29111/2017)
      case
    • Italian Court of Cassation, judgment no. 28319/2017 (Cass., Sez. 3, no. 28319/2017)
      case
    • Italian Court of Cassation, judgment no. 27136/2017 (Cass., Sez. 1, no. 27136/2017)
      case
    • Italian Court of Cassation, judgment no. 18587/2012 (Cass., Sez. 2, no. 18587/2012)
      case
    • Italian Court of Cassation, judgment no. 2988/2013 (Cass., Sez. 6-3, no. 2988/2013)
      case
    • Italian Court of Cassation, judgment no. 5778/2019 (Cass., Sez. 6-2, no. 5778/2019)
      case

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Ministero degli Affari Esteri e della Cooperazione Internazionale v Saipem S.p.A. (Italian Court of Cassation 21455/2022) · Matter