79
ELETTRONICA SICULA (JUDGMENT)
aliens or foreign corporations and associations of the shares in, or
instruments of indebtedness of, corporations and associations of
such High Contracting Party carrying on particular types of activities.
4. The nationals, corporations and associations of either High
Contracting Party shall, subject to the exceptions in paragraph 3 of
Article IX, receive treatment in respect of al1 matters which relate to
the acquisition, ownership, lease, possession or disposition of
persona1 property, no less favorable than the treatment which is
or may hereafter be accorded to nationals, corporations and associations of any third country."
The Italian text of the opening sentence of paragraph 1 is as follows :
"1cittadini e le persone giuridiche ed associazioni di ciascuna Alta
Parte Contraente avrannofacoltà di acquistare, possedere e disporre di
beni immobili O di altri diritti reali nei territori dell'altra Alta Parte
Contraente alle seguenti condizioni . . ."
132. It was objected by Italy that this Article does not apply at al1 to
Raytheon and Machlett because their own property rights ("diritti reali'y
were limited to shares in ELSI, and the immovable property in question
(the plant in Palermo) was owned by ELSI, an Italian company. The
United States contended that "immovable property or interests therein"
is a phrase sufficiently broad to include indirect ownership of property
rights held through a subsidiary that is not a United States corporation.
The argument turned to a considerable extent on the difference in
meaning between the English, "interests" and the Italian, "diritti reali".
"Interest" in English no doubt has several possible meanings. But since
it is in English usage a term commonly used to denote different kinds of
rights in land (for example rights such as charges, or easements, and many
kinds of "future interests"), it is possible to interpret the English and
Italian versions of Article VI1 as meaning much the same thing ;especially
as the clause in question is in any event limited to immovable property.
The Chamber however has some sympathy with the contention of the
United States, as being more in accord with the general purpose of the
FCN Treaty. The United States argument is further that Raytheon and
Machlett, being the owners of al1 the shares, were in practice the persons
who alone could decide (before the bankruptcy), whether to dispose of
the immovable property of the company; accordingly, if the requisition