After unsuccessful court proceedings in the US, Switzerland brought this claim (1957) under optional clause for restitution of the assets of Intherhandel, a Swiss company in the US. The property had been taken by the US in 1942 on the ground that Interhandel was German and so enemy controlled.
In 26 August 1946 US accepted optional clause jurisdiction with respect to disputes ‘hereafter arising’ US and Switzerland have been at odds about a dispute in the Interhandel case before the US declaration, but with respect to the claims in issue, the claim for restitution to Interhandel of its assets, on 26 July 1948 US rejected the Swiss representation on behalf the company. Swiss made an optional clause declaration on 28 July 1948, without reservations and present the case. US argued that it could apply its ‘hereafter arising’ reservation to the Swiss acceptance, applying reciprocity principle, so the court jurisdiction would be limited to disputes after 26 July 1948, Swiss acceptance date. ICJ rejected the argument
The case was considered inadmissible on the ground of non exhaustion of local remedies