De Pascale Claim

Abstract

Disputes — Arbitration — The Award — Binding force of — Whether a binding precedent — Non-application in subsequent case.

Treaties — Interpretation of — Principles and rules of — Treaty of Peace with Italy, 1947 (Article 78 (4) (a) and (c)) — Compensation for war damage — Provision that compensation be paid “free of any levies, taxes or other charges” — Interpretation by Italian-United States Conciliation Commission — Whether Italian inheritance tax may be deducted from indemnity before or after payment — Strict interpretation incompatible with general principles of law recognized by legal systems of civilized States in fiscal matters — Interpretation adopted in Self Claim — Whether inheritance tax may be levied on transfer to heir of expectancy to be compensated — Whether covered by Article 78 (4) (c) — Interpretation by reference to equitable results — Preference for literal interpretation most restrictive of scope of provision — Prevailing principle of interpretation to preserve freedom of parties — Consideration of preparatory work — Preparatory work to be considered only so far as reflecting mutual consent of all contracting parties.