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For Ztaly :
Professor L. Ferrari Bravo
Professor R. Monaco
Mr. 1. Caramazza
Professor M. J. Bonell
Professor F. Capotorti
Professor G. Gaja
Mr. K. Highet
Professor B. Libonati
8. The United States called as witnesses Mr. Charles Francis Adams (who
was examined by Mr. Sofaer and cross-examined by Mr. Highet) and Mr. John
Dickens Clare (who was examined by Ms Chandler and cross-examined by
Mr. Highet). The United States called as expert Mr. Timothy Lawrence (who
was cross-examined by Professor Bonell). Mr. Giuseppe Bisconti also addressed the Court on behalf of the United States; since he had occasion to refer
to matters of fact within his knowledge as a lawyer acting for Raytheon Company, the President of the Chamber acceded to a request by the Agent of Italy
that Mr. Bisconti be treated pro tanto as a witness. Mr. Bisconti, who informed
the Chamber that both Raytheon Company and Mr. Bisconti himself waived
any relevant privilege, was cross-examined by Mr. Highet. Italy called as expert
Mr. Alan Derek Hayward.
9. During the hearings questions were put to the Parties, and to the witnesses
and experts, by the President and Members of the Chamber; replies were given
orally or in writing prior to the close of the oral proceedings, with documents
in support. The Chamber decided further that each Party might comment in
writing on the replies of the other Party to a series of questions, put at a late
stage of the oral proceedings, and a time-limit was fixed for that purpose; written
comments were duly filed within that time-limit. A further question was put
to one Party after the close of the hearings and answered in writing; the other
Party was given an opportunity to comment on the answer.
10. In the course of the written proceedings the following submissions were
presented by the Parties :
On behalfof the United States of America,
in the Application :
"while reserving the right to supplement and amend this submission as
appropriate in the course of further proceedings, the United States
requests the Court to adjudge and declare as follows :
(a) that the Government of Italy has violated the Treaty of Friendship,
Commerce and Navigation between the United States of America and
the Italian Republic of 1948, in particular, Articles II, III, V and VI1 of
the Treaty, and Articles 1 and V of the 195 1 Supplement; and
(b) that the Government of Italy is responsible to pay compensation to the
United States, in an amount to be determined by the Court, as
measured by the injuries suffered by United States nationals as a result
of these violations, including the additional financial losses which
Raytheon suffered in repaying the guaranteed loans and in not