United States / 24 November 1992 / United States, U.S. Court of Appeals, Second Circuit / Iran Aircraft Indus. v. Avco Corp. / 92-7217
| Country | United States |
| Court | United States, U.S. Court of Appeals, Second Circuit |
| Date | 24 November 1992 |
| Parties | Iran Aircraft Indus. v. Avco Corp. |
| Case number | 92-7217 |
| Applicable NYC Provisions | V | V(1)(b) |
| Languages | English |
| Summary | Avco Corporation (“Avco”) entered into series of contracts with Iran Aircraft Industries for the repair and replacement of helicopter engines. A dispute arose and was submitted by the parties to the Iran-U.S. Claims Tribunal. By an award dated 18 July 1988, the Iran-U.S. Claims Tribunal denied Avco’s claims. The United States District Court for the District of Connecticut refused to enforce the award. Iran Aircraft Industries appealed. The United States Court of Appeals for the Second Circuit affirmed the order of the District Court denying enforcement of the award. In so ruling, it found that the Iran-U.S. Claims Tribunal’s awards are not “directly” enforceable in the United States courts and are subject to the defenses to enforcement provided in the NYC. The Court then held that Avco had been “unable to present [its] case” within the meaning of Article V(1)(b) NYC. The Court determined that the Iran-U.S. Claims Tribunal had denied Avco the opportunity to present its claim in a meaningful manner because one of the judges had approved a method of proof proposed by Avco (submission of Avco’s audited accounts receivable ledgers) which was later questioned by another judge, who requested the actual invoices to substantiate Avco’s claim. The Court of Appeals thus concluded that Avco was misled regarding the evidence it was required to submit, and was thus deprived of the possibility to present its case. |
Attachment (1)
 Original Pending Adobe Acrobat PDF |
