Spier v. Calzaturificio Tecnica, S.p.A.
United States District Court for the Southern District of New York
71 F. Supp. 2d 279 (1999)
- Written by Tanya Munson, JD
Facts
In 1969, American citizen and New York resident Martin I. Spier (plaintiff) entered into a contract with the Italian company Calzaturificio Tecnica S.p.A. (Tecnica). Spier, an engineer, agreed to provide Tecnica with expertise for Tecnica’s manufacture of plastic footwear and ski boots in Italy in exchange for payment of certain fees. Spier alleged that Tecnica breached the contract, and the dispute was submitted to arbitrators in Italy. The arbitrators granted Spier an award that included a “bonus” or a “pay-off” in a manner and an amount that exceeded the arbitrators’ powers. Tecnica challenged the award in the Treviso Tribunal. The Treviso Tribunal entered judgment nullifying the arbitrators’ award to Spier. Spier appealed, and the Court of Appeals of Venice affirmed the Treviso Tribunal’s judgment. Spier again appealed, and Italy’s highest court, the Supreme Court of Cassation, affirmed the judgment once more. Spier then petitioned the district court in New York to enforce the arbitration award rendered in Italy and subsequently renewed the petition after the initial proceedings.
Rule of Law
Issue
Holding and Reasoning (Haight, J.)
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