The ELSI Case (U.S. v. Italy)
International Court of Justice
1989 I.C.J. 15
Under a 1948 U.S.-Italy Treaty of Friendship, Commerce and Navigation permitting cross-border corporate control, Raytheon-Elsi S.p.A. (ELSI), an Italian company wholly owned by two American corporations, ran into serious financial trouble and moved toward liquidating its assets, including a large Palermo facility. Palermo's mayor requisitioned the facility for six months given its local importance, after which ELSI went bankrupt with no funds left for its American shareholders. The United States (plaintiff) sued Italy (defendant) before the ICJ, arguing the mayor's order violated the treaty by improperly interfering with ELSI's asset disposition, and both countries asked the ICJ to convene a chamber of five judges rather than the full court.
Whether the International Court of Justice may convene a chamber of fewer than the full court to hear a case at the parties' request.