Switzerland / 23 June 1992 / Switzerland, Tribunal Fédéral (Federal Tribunal) / Fincantieri Cantieri Navali Italiani SpA et OTO Melara Spa v. ATF
| Country | Switzerland |
| Court | Switzerland, Tribunal fédéral (Federal Tribunal) |
| Date | 23 June 1992 |
| Parties | Fincantieri Cantieri Navali Italiani SpA et OTO Melara Spa v. ATF |
| Applicable NYC Provisions | V |
| Source |
http://www.bger.ch (website of Swiss Federal Tribunal) |
| Languages | English |
| Summary | Fincantieri Cantieri Navali Italiani and OTO Melara, two companies registered in Italy, entered into an agency agreement with M for the conclusion of contracts with the Republic of Iraq. Subsequently, a dispute arose and on 4 December 1989, M initiated arbitration proceedings under the International Chamber of Commerce (ICC). By interim award rendered in Geneva on 25 November 1991, the arbitral tribunal held that it had jurisdiction. The two Italian companies lodged a public law appeal against the award. They argued that the subject matter of the dispute was not capable of settlement by arbitration because of the commercial embargo put in place by the United Nations against Iraq. The Italian companies also requested that the award be set aside because, pursuant to Article V(2) NYC, as it will not be enforceable in other jurisdictions. The Tribunal Fédéral (Federal Tribunal) dismissed the request. The Tribunal Fédéral ruled that the dispute was capable of settlement by arbitration under Swiss law. Regarding the argument that the award should be set aside as it would not be able to be enforced abroad pursuant to Article V(2) NYC, the Tribunal Fédéral considered that the fact that an award rendered in Switzerland might be unenforceable in other countries was not a valid reason to have it set aside. |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
