United States / 29 June 1987 / U.S. District Court, Southern District of New York / Spier (United States) v. Calzaturificio Tecnica S.p.A. (Italy) (“Spier I”) / 86 Civ. 3447 (CSH)
| Country | United States |
| Court | United States, U.S. District Court, Southern District of New York |
| Date | 29 June 1987 |
| Parties | Spier (United States) v. Calzaturificio Tecnica S.p.A. (Italy) (“Spier I”) |
| Case number | 86 Civ. 3447 (CSH) |
| Applicable NYC Provisions | V | VI | V(1)(e) |
| Source | 663 F. Supp. 871 |
| Languages | English |
| Summary | A United States citizen, Martin Spier, petitioned for enforcement of an arbitration award rendered in Italy after a dispute had arisen in connection with a contract to furnish expertise about plastic footwear and ski boots with an Italian company, Calzaturificio Tecnica. The contract contained a provision providing for the resolution of disputes by a panel of three arbitrators in Italy, which later rendered an award in favor of Spier. Tecnica did not comply with the award and instead commenced litigation in an Italian court to challenge the validity of the award. Spier did not appear in the Italian action, and instead filed a petition in the United States District Court for the Southern District of New York for enforcement of the arbitration award. The District Court granted adjournment. It held that enforcement proceedings under Article VI NYC should be deferred pending a determination of the validity of the award under Italian law by the Italian courts. As Article V(1)(e) NYC provides that a foreign award will not be enforced if the award “has been set aside or suspended by a competent authority of the country in which [...] that award was made”. Tecnica had indeed sought to set aside the award in Italy, therefore the District Court held that it should defer proceedings until the Italian courts ruled on the issue. |
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Attachment (1)
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