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International Arbitration

Published online by Cambridge University Press:  28 March 2017

Extract

Italy-United States Air Transport Arbitration. Advisory Opinion of Tribunal

After a dispute had arisen between the United States and Italy as to the rights of American air lines to operate all-cargo services to Italy, the question was submitted to the arbitral tribunal: “Does the Air Transport Agreement between the United States and Italy of February 6, 1948, as amended, grant the right to a designated airline of either party to operate scheduled flights carrying cargo only?”

Type
Judicial Decisions Involving Questions of International Law
Copyright
Copyright © American Society of International Law 1966 

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Footnotes

*

Assisted by John E. Donnelly, Cornelius B. Prior, Jr., and William J. Williams, Jr., of the New York Bar.

References

1 Digested by Wm. W. Bishop, Jr. Art. 12 of the Air Transport Agreement provides in part: “any dispute between the contracting parties relative to the interpretation or application of the present Agreement or its Annex, which cannot be settled through consultation, shall be submitted for an advisory report to a tribunal of three arbitrators, one to be named by each contracting party, and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either contracting party.”