Interhandel (Switzerland v. United States of America)

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

3 October 1957
Procedure(s):Provisional measures
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11 October 1957
Procedure(s):Preliminary objections
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3 March 1958
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16 June 1958
Procedure(s):Preliminary objections
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20 September 1958
Procedure(s):Preliminary objections
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Oral proceedings

Verbatim record 1957 (bilingual version)
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
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Verbatim record 1958 (bilingual version)
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
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Orders

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
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Fixing of time-limits: Memorial and Counter-Memorial
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Extension of time-limits: Memorial and Counter-Memorial
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Fixing of time-limit: Written Statement of observations and submissions on preliminary objections
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Judgments


Summaries of Judgments and Orders

Summary of the Order of 24 October 1957
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Summary of the Judgment of 21 March 1959
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Press releases

3 October 1957
The Swiss Confederation files an Application instituting proceedings against the United States of America
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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
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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
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10 October 1957
Interhandel (Switzerland v. United States of America) - Representatives of the Parties at the hearings which will begin on October 12th, 1957
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12 October 1957
Interhandel (Switzerland v. United States of America) - Sittings of October 12th, 1957
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14 October 1957
Interhandel (Switzerland v. United States of America) - Hearing of October 14th, 1957
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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
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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
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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
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4 November 1958
Interhandel (Switzerland v. United States of America) - Representatives of the Parties at the hearings which will begin on November 5th, 1958
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5 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 5th, 1958
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6 November 1958
Interhandel (Switzerland v. United States of America) - Hearing of November 6th, 1958
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8 November 1958
Interhandel (Switzerland v. United States of America) - Hearing of November 8th, 1958
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10 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 10th, 1958
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11 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 11th, 1958
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12 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 12th, 1958
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14 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 14th, 1958
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17 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 17th, 1958
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16 March 1959
Interhandel - The Court will read its Judgment on the Preliminary Objections on Saturday, March 21st, 1959
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21 March 1959
Interhandel - Judgment
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Correspondence

30 September 1957
Correspondence
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