INTERNATIONAL COURT OF JUSTICEYEAR 2023
2023
29 MayGeneral List
No. A023
29 May 2023

ALLEGED VIOLATIONS OF IMMUNITIES FROM JURISDICTION AND
MEASURES OF CONSTRAINT(FEDERAL REPUBLIC OF AVALONIA v. KINGDOM OF RIVIERA)ORDERThe International Court of Justice,
After deliberation,
Having regard to Article 48 of the Statute of the Court and to Article 31 of the Rules ofCourt,
Having regard to the Application filed in the Registry of the Court on 3 July 2022, whereby
the Federal Republic of Avalonia (hereinafter “Avalonia”) instituted proceedings against theKingdom of Riviera (“Riviera”) with regard to a dispute concerning the alleged violations by
Riviera of Avalonia’s jurisdictional immunities;
Having regard to the Order dated 3 April 2023, whereby the Court fixed time‑limits for thefiling, respectively, of the Memorial of the Applicant and the Counter‑Memorial of the
Respondent and adopted the Official Rules of the 2023 Asia Cup International Law Moot Court
Competition;
Whereas, by a letter dated 16 May 2023, the Agents of Avalonia and Riviera jointly
requested the Court to hold a meeting to correct and clarify the Statement of Agreed Facts dated
31 March 2023 that was attached to the Order of the Court dated 3 April 2023;

Whereas, at a meeting held by the President of the Court with the Agents of the Parties on
22 May 2023, pursuant to Article 31 of the Rules, the Parties came to an agreement that severalamendments shall be made to the Statement of Agreed Facts; whereas, at the same meeting, theParties also agreed to prepare jointly a Corrections and Clarifications to the Statement of Agreed
Facts;
Whereas, on 26 May 2023, the Parties jointly communicated the attached Corrections andClarifications to the Statement of Agreed Facts to the Registry of the Court; whereas, by a joint
communication to the Registry of the Court on the same date, the Parties expressed theiragreement that any other corrections or clarifications to the Statement are redundant orunnecessary.
Taking into account the agreement of the Parties,
Takes note of the Corrections and Clarifications to the Statement of Agreed Facts dated 26
May 2023; andPlaces on record the agreement of the Parties that any other corrections or clarifications
to the Statement of Agreed Facts are redundant or unnecessary.
Done in English and in French, the English text being authoritative, at the Peace Palace,
The Hague, this twenty-ninth day of May, two thousand and twenty-three, in three copies, oneof which will be placed in the archives of the Court and the others transmitted to theGovernments of Avalonia and Riviera, respectively.
(Signed)President(Signed)
Registrar

CORRECTIONS AND CLARIFICATIONS TO THE STATEMENT OF AGREED FACTS
ALLEGED VIOLATIONS OF IMMUNITIES FROM JURISDICTION AND MEASURESOF CONSTRAINT(FEDERAL REPUBLIC OF AVALONIA v. KINGDOM OF RIVIERA)
26 May 2023
CORRECTIONS (INDICATED IN BOLD ITALICS)
1.

The third and fourth sentences of paragraph 6 shall be rectified as follows:
The largest series of bonds is the one issued in 1982, the total amount of which wasmore or less equivalent to half of the government budget of Riviera of the same year(“1982 Bonds” or “Amity Bonds”). […] more than 25 per cent of the Amity Bonds
were purchased and held by Apricity Bank N.A., a financial subsidiary of the largest
business conglomerate in Avalonia.

2.

The first sentence of paragraph 25 shall be corrected as follows:
By notice of arbitration dated 1 December 2021, made pursuant to the terms of the1982 Bonds, ILSEC Management commenced arbitral proceedings against Riviera […]3.

The first sentence of paragraph 37 shall be corrected as follows:
Aside from the Pact of Bogotá and the 1948 Peace Treaty referenced elsewhere in thisStatement […]4. The submission of Riviera, as contained in paragraph 39, subparagraph (a), shall be rectified
as follows:
The Court lacks jurisdiction ratione temporis to entertain Avalonia’s claims insofar as
they are based on facts or events that occurred after the lapse of the title of jurisdiction
on 4 July 2022;
CLARIFICATIONS
5. The cause of pecuniary claims brought by an oversea branch of Les Enfants de Bérénice
against Avalonia before a court of a third country, as described in paragraph 13, was identical tothose described in paragraph 11.
6. In every instance Avalonia appeared before the courts of Riviera, its representatives andcounsels unequivocally pleaded that Avalonia’s participation in the proceedings was for the sole
purpose of invoking its immunity.

7. Avalonia and Riviera deposited their instruments of ratification of the Pact of Bogotá shortly
after signing, as described in paragraphs 19 and 33.
8. The denunciation by Riviera of the Pact of Bogotá, as described in paragraph 19, was dulytransmitted to Avalonia pursuant to Article LVI.