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Federal Republic of Germany: Superior Court of Hamburg Interlocutory Decision in Case Concerning Chilean Nationalization of el Teniente Mine (Nationality of Split Corporation)*

Published online by Cambridge University Press:  04 April 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 13 , Issue 5 , September 1974 , pp. 1115 - 1125
Copyright
Copyright © American Society of International Law 1974

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Footnotes

*

[Reprinted from the English translation provided to International Legal Materials by the Kennecott Copper Corporation.

[On January 16, 1973, Sociedad Minera El Teniente S.A. (SMETSA), a split company of the former Chilean company of the same name, brought suit against Aktiengesellschaft Norddeutsche Affinerie (NA), a Hamburg refinery, to recover in kind 3535 tons of blister copper shipped from Chile by Corporacion del Cobre (CODELCO) to NA for refining, or the value thereof. (See 12 I.L.M. 251 (1973) for the decision of the Superior Court of Hamburg with regard to third party attachment.) Subsequently, the defendant NA and the Intervenor CODELCO asked for a separate hearing on their plea of lack of security for procedural costs, alleging that the plaintiff was a stateless company and did not have domicile in the Federal Republic of Germany. On February 6, 1974, the Court ordered a separate hearing. The above decision addresses that issue.

[It is not expected that the Superior Court of Hamburg will render its decision on the main issues until 1975.

[The Chilean law approving the compensation settlement with regard to Anaconda’s properties appears at I.L.M. page 1189.]

References

* [Reprinted from the English translation provided to International Legal Materials by the Kennecott Copper Corporation.

[On January 16, 1973, Sociedad Minera El Teniente S.A. (SMETSA), a split company of the former Chilean company of the same name, brought suit against Aktiengesellschaft Norddeutsche Affinerie (NA), a Hamburg refinery, to recover in kind 3535 tons of blister copper shipped from Chile by Corporacion del Cobre (CODELCO) to NA for refining, or the value thereof. (See 12 I.L.M. 251 (1973) for the decision of the Superior Court of Hamburg with regard to third party attachment.) Subsequently, the defendant NA and the Intervenor CODELCO asked for a separate hearing on their plea of lack of security for procedural costs, alleging that the plaintiff was a stateless company and did not have domicile in the Federal Republic of Germany. On February 6, 1974, the Court ordered a separate hearing. The above decision addresses that issue.

[It is not expected that the Superior Court of Hamburg will render its decision on the main issues until 1975.

[The Chilean law approving the compensation settlement with regard to Anaconda’s properties appears at I.L.M. page 1189.]