Ambatielos (Greece v. United Kingdom) - Sitting of May 17th, 1952

I.C. J. CommuniquéNo. 52/10.
Unofficial..

The following information from the Registry of the International
Court of Justice has been communicated to the Press:

The Court to-day (May 17th, 1952) held a sitting in the course

of which Sir Eric Beckett, Q.C., and Professor Rolin delivered the
final addresses, on behalf of the United Kingdom Gaverment and the
Hellenic Government respectiveïy, on the Preliminary Objection in the
Ambatielos case, and presented their final submissions which were as
, follows:

For the United Kingdom Government:

The forma1 conclusion of the United Kingdon is that the Inter-
national Court of Justice has no jurisdiction to deal with the clai~
brought against the Government of the United Kingdom by the Hellenic

Government in respect of the treatment of Mr. Ambatielos.

For the Hellenic Government:

In the light of the submissions of the Parties:

0 Having regard to Article 29 of the Treaty of Commerce between
the United Kingdom and Greece, signed in London on Ji']]-y16th, 1926, and,
in so far as it may be necessary, to the Declaration of the same date,

May it please the Court: to decree, in accordance with the sub-
missions of the Hellenic Goverment:
a

1. that the conplaints formulated by that Government in itç
Memorial, relating to the breach of the contract of sale of the ships,
to the unjust enrichment, to the non-2roduction at the trial of certain
documents of which M. Ambatielos was unaware and to the improper adminis-
tration of justice (denial of justice ,stricto sensu!, al1 have, as it has
submitted, a legal foundation in Articles 1, X, XV, paragraph 3 of the
Treaty of Commerce and Navigation of Noveanber 10th) 1886, and likewise in
Articles 1 and 3 of the Treaty of July 16th, 1926, which are in identical
or equivalent terms to the first two provisions referred to above.

2. that the British Governrnent has, through its counsel, Sir Eric
Beckett, expressed its willingness that the Court should, in the event of
its holding that it has jurisdiction to decide whether the Greek claim

should be submitted to arbitration, as provided for by the Protocol
annexed to the Treaty of 1886, and in the event of the Courtls giving an
affirmative decision on this point;

In such case, for the reasons indicated in the Hellenic Observa-
tions-and enlarged upon by counsel,

to hold that it has jurisdiction to deal with the merits of the
Hellenic claim, and accordingly to fUr time-limits for the filing by the
Parties of the Reply and the Rejoinder on the merits;
'
In the alternative, if the Court should hold that it cannot reach
a decision as to its jurisdiction without going into the merits, by appli-
cation of Article 62 of its Rules, to join the objection to the merits.

In the course of the proceedings Judge Hsu Mo addressed a question
to the Agents of the Parties. This related to the question whether the
United Kingdom Goverment had ever ratified the Declaration made by the
Parties on July 26th, 1926. Provisional replies were given by Mr.
V.J. Evans and Prof essor Rolin.

The oral proceedings on the Preliminary Objection are now concluded.

The Hague, May 17th, 1952.