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[p.3]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 26, paragraph 2, 31 and 48 of the Statute of the
Court, and to Articles 17, 18, 31,44,91 and 92 of the Rules of Court,
Makes the following Order:
1. Whereas, by an Application filed in the Registry of the Court on 6
February 1987, the United States of America instituted proceedings against
the Republic of Italy in respect of a dispute arising out of the
requisition by the Government of Italy of the plant and related assets of
Elettro-nica Sicula S.p.A. (ELSI), an Italian company which is stated to
have been 100 per cent owned by two United States corporations;
2. Whereas by letters dated 6 February 1987 the United States Secretary of
State and the Charge d'affaires ad interim of the United States of America
accredited to the Kingdom of the Netherlands informed the Court that the
Honorable Abraham D. Sofaer was appointed Agent of the [p 4] United States,
and that the Government of the United States requested, pursuant to Article
26, paragraph 3, of the Statute of the Court, that a Chamber be formed,
composed of five judges, to hear and determine the case;
3. Whereas by a telegram dated 13 February 1987 the Minister for Foreign
Affairs of Italy informed the Court that Professor Luigi Ferrari Bravo was
appointed Agent of Italy and that the Government of Italy accepted the
proposal put forward by the Government of the United States, that the case
be heard by a Chamber composed in accordance with Article 26 of the Statute,
and this acceptance was confirmed by a letter dated 13 February 1987 from
the Agent of Italy;
4. Whereas the Court thus has before it a request by the two Parties that
the case be heard and determined by a Chamber formed to deal with the case;
and whereas the Parties have been duly consulted as to the composition of
the proposed Chamber of the Court in accordance with Article 26, paragraph
2, of the Statute and Article 17, paragraph 2, of the Rules of Court;
5. Whereas the Parties, consulted with regard to questions of procedure
pursuant to Article 31 of the Rules of Court, have indicated that they are
in agreement on a period of two months being fixed for the Memorial of the
United States of America and six months for the Counter-Memorial of Italy;
The Court,
Unanimously,
1. Decides to accede to the request of the Governments of the United States
of America and Italy to form a special Chamber of five judges to deal with
the present case;
2. Declares that at an election held on 2 March 1987 the following Members
of the Court were elected to the Chamber:
President Nagendra Singh,
Judges Oda,
Ago,
Schwebel,
Sir Robert Jennings;
3. Declares a Chamber to deal with this case to have been duly constituted
by the present Order, with the composition indicated above;
4. Fixes the following time-limits for the initial pleadings in the case:
15 May 1987 for the Memorial of the United States of America;
16 November 1987 for the Counter-Memorial of the Republic of Italy;
and reserves the subsequent procedure for further decision.[p 5]
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this second day of March, one thousand nine hundred
and eighty-seven, in three copies, one of which will be placed in the
archives of the Court, and the others transmitted to the Government of the
United States of America and to the Government of Italy, respectively.
(Signed) Nagendra Singh,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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