Switzerland / 09 April 1998 / Switzerland, Camera di esecuzione e fallimenti del Tribunale d’appello, Repubblica e Cantone Ticino / 14.97.00076
| Country | Switzerland |
| Court | Switzerland, Camera di esecuzione e fallimenti del Tribunale d’appello, Repubblica e Cantone Ticino |
| Date | 09 April 1998 |
| Case number | 14.97.00076 |
| Source |
www.sentenze.ti.ch (website of the Canton of Ticino), published with the authorization of the competent authorities |
| Languages | English |
| Summary | A payment order was issued in 1992 by the Ufficio di esecuzione di Lugano (Debt Collection Office of Lugano) in favor of X. Y raised an objection (opposizione) to the payment order and X requested a dismissal of the objection (rigetto definitivo) before the Pretore del Distretto di Lugano (First Instance Court of Lugano), relying on an award rendered in its favor in Geneva on 14 March 1997. In response, Y argued that the award was not yet enforceable given that the enforcement procedure set forth in the NYC and in Articles 192 and 194 of the Federal Act on Private International Law had not been implemented. The Pretore dismissed Y’s objection, holding that the NYC was not applicable to an award rendered in Geneva. Y appealed the decision. The Camera di Esecuzione e Fallimenti del Tribunale d’Appello (Debt Collection and Bankruptcy Chamber of the Court of Appeal) dismissed the appeal, confirming that the NYC was not applicable in the present case. In this respect, the Tribunale d’Appello noted that the NYC governed the recognition and enforcement of foreign awards, which were defined as awards rendered by an arbitral tribunal seated abroad irrespective of the nationality of the parties or the applicable law. |
| see also : |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
