Miserocchi v. Società Agnesi

Abstract

Treaties — Interpretation of — Agencies of interpretation — Intention of the parties — Travaux préparatoires — Whether treaty may be applied retroactively as ius superoeniens — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — The law of Italy

Treaties — Conclusion and operation of — Operation and enforcement of — Retroactive application — Arbitration clause excluding jurisdiction of forum State in favour of arbitration abroad — Prohibition of such exclusion under municipal law — Subsequent removal of prohibition by international convention incorporated into municipal law — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — Whether operating as ius superveniens to validate such clause — Intention of parties — Travaux préparatoires — The law of Italy