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Italy—United States Air Transport Arbitration

Arbitral Tribunal (Riese, President; Metzger, Monaco, Arbitrators).  17 July 1965 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Interpretation of — Principles and rules of — Natural and ordinary meaning of text — Meaning of “and” and “or” — Whether cumulative or alternative — Interpretation contra projerentem — Interpretation in manner least restrictive of State sovereignty — Context — Objective of agreement — Intentions of parties — Displacement of natural and ordinary meaning — i — Evidence for Use of words in other sections of same agreement — Inconsistency with other provisions — Bilateral agreement with third party as model — s — Whether constituting “preparatory work” — Relevance of intention of one party — Whether other party aware of that intention could rely on its own divergent interpretation — Whether it must make known divergent interpretation and require clarification of text — Restrictive interpretation — Whether conflicting with context and aim of agreement — Subsequent conduct of parties — Whether decisive — Whether evidence of objective of agreement and intentions of parties — Degree of continuity required — Agreements between parties and third States — Whether evidence of their intentions in regard to each other.

Keywords

Type
Case Report
Copyright
© Cambridge University Press 1972

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