Acceso usuarios
Olivia Lopes Pegna
When facing recognition of a foreign judgment the Italian legal order requires, among other conditions, that the foreign court had so called « indirect jurisdiction», to be ascertained on the basis of principles on jurisdiction applicable in Italy (Article 64(a) Law No. 218). In the present work the author examines some of the more pr oblematic issues concerning this condition for recognition. First, problems arise when identifying the sources relevant to determine those «principles»: it is suggested that rules on jurisdiction established in EU regulations may be relevant. Second, particularly complicated issues arise when foreign jurisdiction was determined by agreement of the parties. Lastly, it is questionable if, and to what extent, the failure to contest jurisdiction may be considered as an implied acceptance of jurisdiction, and to that effect, fulfill the indirect jurisdiction requirement. In the author’s view, the solution to this question depends on the demands for the application of procedurallex fori, and on respect for the rights of defense.
