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Interhandel (Switzerland v. United States of America)

Cases Previous Next

See other cases involving
Switzerland
United States of America
See other cases involving
Provisional measures
Preliminary objections

Overview of the case

In 1942 the Government of the United States vested almost all the shares of the General Aniline and Film Corporation (GAF), a company incorporated in the United States, on the ground that those shares, which were owned by Interhandel, a company registered in Basel, belonged in reality to I.G. Farbenindustrie of Frankfurt, or that GAF was in one way or another controlled by the German company. On 1 October 1957, Switzerland applied to the Court for a declaration that the United States was under an obligation to restore the vested assets to Interhandel or, alternatively, that the dispute on the matter between Switzerland and the United States was one fit for submission for judicial settlement, arbitration or conciliation. Two days later Switzerland filed a request for the indication of provisional measures to the effect that the Court should call upon the United States not to part with the assets in question so long as proceedings were pending before the Court. On 24 October 1957, the Court made an Order noting that, in the light of the information furnished, there appeared to be no need for provisional measures. The United States raised preliminary objections to the Court’s jurisdiction, and in a Judgment delivered on 21 March 1959 the Court found the Swiss application inadmissible, because Interhandel had not exhausted the remedies available to it in the United States courts.

This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

Written proceedings

Request for the indication of Provisional Measures of Protection

3 October 1957
Procedure(s): Provisional measures
Available in:
English French

Preliminary Objection of the United States of America

11 October 1957
Procedure(s): Preliminary objections
Available in:
English

Memorial submitted by the Federal Government of Switzerland
(French version only)

3 March 1958
Available in:
French

Preliminary Objections submitted by the Government of the United States of America

16 June 1958
Procedure(s): Preliminary objections
Available in:
English

Observations and Submissions of the Government of the Swiss Confederation on Preliminary Objections
(French version only)

20 September 1958
Procedure(s): Preliminary objections
Available in:
French

Oral proceedings

Verbatim record 1957

Minutes of the Public Sittings held at the Peace Palace, The Hague, on 12 and 14 October 1957, the Vice-President, Mr. Badawi, acting as President
Procedure(s): Provisional measures
Available in:
Original Language

Verbatim record 1958

Minutes of the Public Sittings held at the Peace Palace, The Hague, from 5 to 17 November 1958, and on 21 March 1959, the President, Mr. Klaestad, presiding
Procedure(s): Preliminary objections
Available in:
Original Language

Orders

Order of 24 October 1957

Request for the indication of interim measures of protection (including the text of the declarations of Judges Hackworth, Read, Wellington Koo et Kojevnikov)
Procedure(s): Provisional measures
Available in:
English French Bilingual

Order of 24 October 1957

Fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 15 January 1958

Extension of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 26 June 1958

Fixing of time-limit: Written Statement of observations and submissions on preliminary objections
Available in:
English French Bilingual

Judgments

Judgment of 21 March 1959

Preliminary Objections (including the text of the declarations of Judges Basdevant, Kojevnikov, Judge ad hoc Carry, Zafrulla Khan)
Procedure(s): Preliminary objections
Available in:
English French Bilingual

Summaries of Judgments and Orders

Summary 1957/1

Summary of the Order of 24 October 1957
Available in:
English French

Summary 1959/1

Summary of the Judgment of 21 March 1959
Available in:
English French

Press releases

Press release 1957/29

3 October 1957
The Swiss Confederation files an Application instituting proceedings against the United States of America
Available in:
English French

Press release 1957/31

4 October 1957
Interhandel (Switzerland v. United States of America) - The Swiss Government files with the Registry a request for the indication of interim measures
Available in:
English French

Press release 1957/35

9 October 1957
Interhandel (Switzerland v. United States of America) - The International Court of Justice fixes Saturday, October 12th, 1957, for the opening of the sittings
Available in:
English French

Press release 1957/36

10 October 1957
Interhandel (Switzerland v. United States of America) - Representatives of the Parties at the hearings which will begin on October 12th, 1957
Available in:
English French

Press release 1957/39

12 October 1957
Interhandel (Switzerland v. United States of America) - Sittings of October 12th, 1957
Available in:
English French

Press release 1957/40

14 October 1957
Interhandel (Switzerland v. United States of America) - Hearing of October 14th, 1957
Available in:
English French

Press release 1957/42

25 October 1957
Interhandel (Switzerland v. United States of America) - The International Court of Justice finds that there is no need to indicate interim measures of protection
Available in:
English French

Press release 1958/1

16 January 1958
Interhandel (Switzerland v. United States of America) - The Swiss Confederation and the United States of America submit a joint application for an extension of the time-limits for the filing of the pleadings
Available in:
English French

Press release 1958/6

28 June 1958
Interhandel (Switzerland v. United States of America) - The Government of the United States files in the Registry Objections to the jurisdiction of the Court to adjudicate upon the Application submitted by the Government of the Swiss Confederation
Available in:
English French

Press release 1958/21

4 November 1958
Interhandel (Switzerland v. United States of America) - Representatives of the Parties at the hearings which will begin on November 5th, 1958
Available in:
English French

Press release 1958/22

5 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 5th, 1958
Available in:
English French

Press release 1958/23

6 November 1958
Interhandel (Switzerland v. United States of America) - Hearing of November 6th, 1958
Available in:
English French

Press release 1958/24

8 November 1958
Interhandel (Switzerland v. United States of America) - Hearing of November 8th, 1958
Available in:
English French

Press release 1958/25

10 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 10th, 1958
Available in:
English French

Press release 1958/26

11 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 11th, 1958
Available in:
English French

Press release 1958/27

12 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 12th, 1958
Available in:
English French

Press release 1958/28

14 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 14th, 1958
Available in:
English French

Press release 1958/29

17 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 17th, 1958
Available in:
English French

Press release 1959/5

16 March 1959
Interhandel - The Court will read its Judgment on the Preliminary Objections on Saturday, March 21st, 1959
Available in:
English French

Press release 1959/10

21 March 1959
Interhandel - Judgment
Available in:
English French

Correspondence

Correspondence

30 September 1957
Correspondence
Available in:
English French