of two Italian legal experts, it was concluded that "Raytheon and Machlett have exhausted every meaningful legal remedy available to them in Italy". At the time this claim was submitted, the Court of Appeal of Palermo had ruled on the action by the trustee in bankruptcy, but the case was thereafter brought before the Court of Cassation (paragraph 43 above); it is recognized by both Parties that any other action arising out of the requisition would by then have been barred by limitation of time. It appears that the United States received no forma1 response from Italy to the claim until 13June 1978, when Italy denied the claim in a written aide-mémoire, the text of which has been supplied to the Chamber. The aide-mémoire contained no suggestion that local remedies had not been exhausted, and indeed stated that "the claim is juridically groundless, both from the international and domestic point of view". During the oral proceedings in the present case, counsel for Italy asserted that at an unspecified date prior to the institution of the present proceedings the Italian Government "had made it clear to the United States Government that as a Respondent it would raise the objection of non-exhaustion of local remedies in judicial proceedings". No evidence to that effect has however been supplied to the Chamber. 47. Many of the documents constituting evidence submitted to the Chamber are in the Italian language. Where the Chamber relies in the present Judgment on passages in these documents, it will, for the sake of clarity, set out the original Italian together with an English translation, which is not always the translation supplied by one of the Parties pursuant to Article 5 1, paragraph 3, of the Rules of Court. 48. It is common ground between the Parties that the Court has jurisdiction in the present case, under Article 36, paragraph 1, of its Statute, and Article XXVI of the Treaty of Friendship, Commerce and Navigation, of 2 June 1948 ("the FCN Treaty"), between Italy and the United States; which Article reads : "Any dispute between the High Contracting Parties as to the interpretation or the application of this Treaty, which the High Contracting Parties shall not satisfactorily adjust by diplomacy, shall be submitted to the International Court of Justice, unless the High Contracting Parties shall agree to settlement by some other pacific means."

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