A US judgment is not self-executing in Italy. There is no bilateral treaty and no equivalent of the full faith and credit that moves a judgment between American states. What exists is a domestic Italian route, and it works — provided the judgment satisfies a defined list of conditions.
The conditions Italian law imposes
Under Italy's private international law statute, a foreign judgment is recognised automatically, without any special procedure, if it meets a set of requirements. The recurring ones in practice:
- the foreign court had jurisdiction according to Italian principles
- the defendant was properly served and had a real opportunity to defend
- the judgment is final and no longer subject to ordinary appeal where it was given
- it does not conflict with an Italian judgment or with proceedings already pending in Italy between the same parties
- it does not offend Italian public policy
That last condition is where American judgments most often run into difficulty, and it has a specific meaning. Punitive damages have historically been the friction point: Italian courts have moved from outright rejection toward accepting them where the foreign award is proportionate and rests on a clear legal basis, but the compensatory part of a judgment travels far more comfortably than the punitive part.
Automatic recognition, and when you still need a court
Recognition is automatic in the sense that no declaratory proceeding is required merely to rely on the judgment. But if the debtor contests it, or if you need to execute against assets, you apply to the Court of Appeal for a declaration of enforceability. That is the step that turns a US judgment into something the Italian bailiff will act on.
You will need the judgment itself, proof of finality, proof of proper service on the defendant — and all of it apostilled and accompanied by a sworn translation.
Arbitral awards are easier
If your dispute was arbitrated, the position is considerably better. Both countries are parties to the New York Convention of 1958, which provides a narrow and well-defined set of grounds for refusing enforcement. An award is generally more portable than a judgment, which is a reason to think about the arbitration clause at the drafting stage rather than after the relationship has failed.
Then comes the part that matters: assets
Recognition is only useful if there is something to execute against. In Italy that means:
- attachment of bank accounts held by the debtor
- garnishment of receivables — money the debtor's own Italian customers owe them
- seizure and judicial sale of real estate
- seizure of shareholdings in Italian companies
Before starting, we search what the debtor actually holds: land registry, company registers, and the ordinary commercial traces. There is no point recognising a judgment against a shell.
Where there is a real risk that assets will be moved before you get there, a pre-judgment freeze — the sequestro conservativo — can be applied for on evidence of a good claim and a genuine risk of dissipation. It changes the negotiation completely.
When starting fresh in Italy is better
Sometimes it is. If the US judgment is vulnerable on service or on public policy, or if the debtor's Italian assets are modest relative to the cost of recognition, an Italian claim on the underlying debt may be faster — particularly where the claim rests on written evidence, because that opens the summary injunction procedure that produces an enforceable order in weeks.
We tell you which of the two is worth doing before you spend anything on either. The first consultation is free.