Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Progress and conclusion of public hearings

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IN1 ITITON-À *L COm OF JUSTICE
Fe~icePalace, 25i7K.1'l'hllague. Tel. (07-92 44 41). Cables:I~itercouT,he Hague.

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Communiqué
unofficial
for immediate release
6-3-89:Judges and Staff (17.30)
7-3-89:Postoffice Peace Palace (16.00)

No. 8913
2 March 1989

Elettronica Sicula S.P.A. (ELSI)
-United States of America v. Italy)

Progress and conclusion of public hearings

The following information is communicated to the press by the
Registry of the Interniational Court of Justice:

The public hearinigs held by the Chamber of the Court dealing with

the case concerning Z.ettronica Sicula S.P.A. (ELSI), which opened on
13 February 1989, were concluded today, 2 March 1989.

During the first round of oral arguments, held between
13 and 23 February, statements on behalf of the United States of America
were made by the Hono~:able Mr. Abraham D. Sofaer and
Mr. Michael J. Matheson, Co-Agents; Mr. Timothy E. Ramish,
Deputy-Agent; the Honorable Mr. Richard N. Gardner and
Mr. Sean D. Murphy Coimsel and Advocates; and Messrs. Franco Bonelli and
Elio Fazzalari, Advisers.

The United States of America presented two witnesses and an expert.

On 13 and 14 Feb:mary Mr. Charles Adams (witness) was examined by
the Honorable Mr. Abraham D. Sofaer and cross-examined by
Mr. Keith Highet of Italy. Judge Schwebel put a question to him.

On 14 February. Mr. John Clare (witness) was examined by
Ms. Melinda P. Chandler of the United States and cross-examined by
Mr. Keith Highet. A question was put to him by Judge Sir Robert Jennings.

Timothy Lawrence
On 16 February the Chamber heard a statement by Mr.
(expert), who was later questioned by Mr. Michael Joachim Bonell of Italy.

Mr. Michael J. Matheson, Co-Agent, read the final submissions of his
Govemen t. Statements on behalf of Italy were made by Mr. Luigi Ferrari Bravo,
Agent and Counsel; Mr. Riccardo Monaco, Co-Agent and Counsel;
Mr. Ignazio Caramazza, Co-Agent and Advocate;
Messrs. Michael Joachim Bonell, Francesco Capotorti, Giorgio Gaja,

Keith Highet and Berardino Libonati, *ounsel and Advocates.

Italy presented an expert, Mr. Alan Derek Hayward, who made a
statement on 22 February and to whom questions were put by President Ruda
and Judge Schwebel.

Mr. Luigi Ferrari Bravo, the Agent of Italy, read the final
submissions of his Government.

rl
During and at the end of the first round of oral arguments questions
were put to the Agents of both Parties by President Ruda and Judges Oda,
Schwebel and Sir Robert Jennings.

The second round of oral arguments took place on 27 February and
2 March 1989. The speakers were:

- on behalf of the United States of America, Mr. Michael J. Matheson,
Co-Agent; Ms. Melinda P. Chandler, Counsel and Advocate; and
Mr. Giuseppe Bisconti, Adviser.

Mr. Bisconti also gave evidence on matters within his persona1

knowledge and was cross-examined with regard to those matters by
Mr. Keith Highet.

Mr. Timothy Lawrence (expert) also made a statement.

- on behalf of Italy, Mr. Luigi Ferrari Bravo, Agent and Counsel;

Mr. Ignazio Caramazza, Co-Agent and Advocate;
Messrs. Francesco Capotorti, Giorgio Gaja, Keith Highet and
Berardino Libonati, Counsel and Advocates.

Mr. Matheson, Co-Agent of the United States of America and

Mr. Ferrari Bravo, Agent of Italy, confirmed the final submissions of
their Governments as they had been presented at the conclusion of their
respective first rounds of oral pleadings .

Questions were put to the Co-Agent of the United States of America
by President Ruda and Judges Oda, Schwebel and Sir Robert Jennings.

The oral arguments now being completed, the Chamber will begin to
consider its Judgment. The date of the public Sitting at which the
Judgment is to be read will be announced in an ensuing press communiqué.