« ՆախորդըՇարունակել »
AMERICAN-BRITISH CLAIMS ARBITRATION
The Mission of the American and British Arbitration Tribunal is to settle by arbitration such claims as the United States and Great Britain have submitted thereto.1
The Special Agreement for the submission to arbitration of pecuniary claims outstanding between the United States and Great Britain was based upon the Convention of October 18, 1907, between the same signatories, for the pacific settlement of international disputes, in accordance with the practice that these two countries have adopted since the conclusion of the Jay Treaty of 1794.
Like the Arbitration created by the Convention of 1853, only private claims are presented; i. e., claims of individuals are presented as the claims of the respective government in behalf of its national.
According to the terms of the Agreement it became effective in 1912. The first claim was filed August 19 of that year. The Arbitration held its first session in Washington in 1913.
The World War necessitated a suspension of the Arbitration's sessions, which were not revived until 1922. A session was held in London in 1923.
As the Arbitration is now concluding its labors, it need not be further described here.
3. Organization of the Tribunal
(a) The Arbitral Tribunal is constituted by article 3 of the Agreement in accordance with articles 87 (chapter IV) and 59 (chapter III) of the Convention of 1907, which provide as follows:
"Each of the parties in dispute appoints an arbitrator. The two arbitrators thus selected choose an umpire. If they do not agree on this point, each of them proposes two candidates taken from the general list of the members of the Permanent Court, exclusive of the members appointed by either of the parties and not being nationals of either of them; which of the candidates thus proposed shall be the umpire is determined by lot.
"The umpire presides over the tribunal, which gives its decisions by a majority of votes.
"Should one of the arbitrators either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure is followed for filling the vacancy as was followed for appointing him."
(b) Each of the arbitral parties is represented by an "Agent and Counsel," and a
(c) Secretary, the two Secretaries acting as joint secretaries of the Tribunal. and subject to its direction.
1 Article 1, Special Agreement between the United States and Great Britain, approved by the Senate July 19, 1911, and confirmed by exchange of notes April 26, 1912; Treaty Series No. 573.
MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY
Pursuant to the terms of the Agreement between the United States and Germany, dated August 10, 1922,1 this commission was empowered to pass upon claims of the United States and American nationals against Germany and German nationals arising out of the World War. Such claims are of the following categories, defined in the Treaty of August 25, 1921, and in the Treaty of Versailles :
"(1) Claims of American citizens, arising since July 31, 1914, in respect of damage to, or seizure of, their property, rights and interests, including any company or association in which they are interested, within German territory as it existed on August 1, 1914;
“(2) Other claims for loss or damage to which the United States or its nationals have been subjected with respect to injuries to persons, or to property, rights and interests, including any company or association in which American nationals are interested, since July 31, 1914, as a consequence of the war;
"(3) Debts owing to American citizens by the German government or by German nationals.”
2. Time for Filing Claims Expired
The time within which claims might be filed for the consideration of this commission expired April 8, 1923. Its labors are therefore now nearing completion, and no practical purpose would be served by further describing it.3
The organization is similar to that of the General Claims Commission, United States and Mexico (chapter 87), substituting "German" for "Mexican."
142 Stat. part 2, p. 2200.
2 42 Stat. part 2, p. 1939.
3 Its leading decisions are presented in "Preparation of International Claims," Thorpe. 1924.
GENERAL CLAIMS COMMISSION, UNITED STATES AND MEXICO
According to the terms of the Convention between the United States and Mexico, signed September 8, 1923,1 the purpose of this commission is to settle and adjust amicably claims by the citizens of each country against the other arising since July 4, 1868 (except those incident to recent revolutions in Mexico, which excepted claims are provided for by a Special Claims Commission, q. v., post). Such submission is more specifically defined as follows:
All claims (except those arising from acts incident to the recent revolutions) against Mexico of citizens of the United States, whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered by persons or by their properties, and all claims against the United States of America by citizens of Mexico, whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered by persons or by their properties; all claims for losses or damages suffered by citizens of either country by reason of losses or damages suffered by any corporation, company, association or partnership in which such citizens have or have had a substantial and bona fide interest, provided an allotment to the claimant by the corporation, company, association or partnership of his proportion of the loss or damage suffered is presented by the claimant to the commission hereinafter referred to; and all claims for losses or damages originating from acts of officials or others acting for either Government and resulting in injustice, and which claims may have been presented to either government for its interposition with the other since the signing of the Claims Convention concluded between the two countries July 4, 1868, and which have remained unsettled, as well as any other such claims which may be filed by either government within the time hereinafter specified, shall be submitted to a commission consisting of three members for decision in accordance with the principles of international law, justice and equity.
The commission had its first meeting in Washington on August 30, 1924. It held another meeting in the Pan-American Union Building in Washington on June 1, 1925.
3. Rules and Regulations of the Commission 3
I. Place and Time of Hearings.-1. The Office of the commission shall be maintained at the city of Washington, where its records shall be kept.
1 Ratifications exchanged at Washington March 1, 1924, proclaimed by the President March 3, 1924. Treaty Series No. 678.
The operation of this commission is tersely discussed in the North American Review, September, 1924, pp. 51-62, "The Mexican Problem Solved."
2 Article I, Convention of September 8, 1923.
3 Established September 4, 1924.
2. The time and place of meetings shall be fixed by orders of the commission. II. Dockets and Records.-1. A duplicate docket shall be provided, one to be kept by each of the two secretaries in his own language, in which shall be promptly entered the name of each claimant and the amount claimed when the claim is formally filed with the commission, and in which shall be recorded all the proceedings had in relation thereto.
2. Each claim shall constitute a separate case before the commission and be docketed as such. Claims shall be numbered consecutively, beginning with tha first filed as No. 1.
3. A duplicate minute book shall be kept in like manner by the secretaries in which shall be entered a chronological record of all proceedings of the commission. The minute book shall at each sitting of the commission be signed by the commissioners and countersigned by the secretaries.
4. Such additional records shall be kept by the secretaries as shall be required by these rules or prescribed from time to time by the commission.
III. Filing and Docketing of Claims.-1. All claims must be filed by the respective governments through or in the name of the agents thereof.
2. A claim shall be deemed to have been formally filed with the commission(a) Upon there being presented to the secretaries a memorandum or statement, in duplicate, one in English and one in Spanish, countersigned or signed by the agent of the United States or of Mexico, as the case may be, or in the name of such agent by an assistant agent or counsel duly qualified before this commission, setting forth as to each claim contained in said memorandum or statement the name of the claimant, a brief statement of the nature of the claim and the amount thereof;
(b) Upon there being presented to the secretaries (without such preliminary memorandum or statement) by the agent of the United States or of Mexico, as the case may be, or in the name of such agent by an assistant agent or counsel duly qualified before this commission, a memorial in duplicate, one in English and the other in Spanish, conforming to these rules and executed and verified as hereinafter provided, accompanied by copies of all documents and other proofs in support of the claim then in possession of the agent of the government filing the same. Documents and proofs may be filed in the language of the claimant, subject to the further orders of the commission.
3. Upon receipt of the memorandum or statement mentioned in clause (a) of section 2 hereof, or of the memorial mentioned in clause (b), an indorsement of filing, with the date thereof, shall be made thereon and signed by the secretaries, and the claim shall be immediately docketed under the appropriate number.
4. At any time after August 30, 1925, on motion of the agent of either government, the commission, for good cause shown, will fix a time as short as may be reasonable for presenting memorials as to claims filed as provided in clause (a) of section 2 hereof then pending and as to which memorials have not theretofore been presented.
5. Any claim for loss or damage accruing prior to September 8, 1923, shall be filed with the commission either in the manner mentioned in clause (a) or in clause (b) of section 2 hereof, before the 30th day of August, 1925, unless in any case reasons for the delay satisfactory to the majority of the commissioners shall
be established, and in such case the period for filing may be extended by the commission to any date prior to March 1, 1926.
6. Any claim for loss or damage accruing on or after September 8, 1923, shall be filed in a similar manner before the 30th day of August, 1927.
IV. Pleadings.-1. The written pleadings shall consist of the memorial, the answer, the reply if desired, amendments and motions, unless by agreement between the agents, confirmed by the commission, or by order of the commission other pleadings are allowed. Either party may have the right to plead to new matter.
2. The Memorial.-The memorial shall be signed and verified by the claimant. or, upon good 'cause shown, by his attorney in fact, which cause shall be averred by such attorney; and it shall be subscribed by solicitor or counsel, if any, of the claimant. Every memorial shall also be subscribed or countersigned by the agent of the government filing the same.
The memorial shall contain a clear and concise statement of the facts upon which the claim is based. It shall set forth the information enumerated below in such detail as may be practicable in each particular case, or explain the absence thereof:
(a) Facts showing that the losses or damages for which the claim is made resulted from some one or more of the causes specified in the General Claims Convention between the United States and Mexico dated September 8, 1923, which became effective by exchange of ratifications on March 1, 1924, and that the same occurred subsequent to July 4, 1868.
(b) The amount of the claim; the time when and place where it arose; the kind or kinds and amount and value of property lost or damaged itemized so far as practicable; personal injuries, if any, and losses or damages resulting therefrom; the facts and circumstances attending the loss or damage to person or property out of which the claim arises, and upon which the claimant intends to rely to establish his claim.
(c) For and on behalf of whom the claim is preferred, and if in a representative capacity, the authority of the person preferring the claim.
(d) The citizenship of the owner or owners of the claim from the time of its origin to the date of the filing thereof; whether such citizenship was derived from birth, naturalization, or other act, and all facts in relation thereto; and where in any case it shall appear that there has entered into the chain of title to the claim the rights or interests of any person or corporation of any country other than that of the claimant, then the facts in relation to such right or interest must be fully set forth.
(e) If the claimant sets out as a basis of his claim loss or damage suffered by any corporation, company, association, or partnership in which the claimant or person on whose behalf the claim is made has or had a substantial and bona fide interest, then the memorial shall set forth the nature and extent of that interest and all facts or equitable considerations in connection with or in support of such claim. In event an allotment is claimed, there shall be presented to the commission documentary evidence thereof executed by some person authorized to contract generally on behalf of such corporation, company, association, or partnership, or there shall be clearly stated reasons valid in law for failure to present