[Untitled]
Whereas the United States and Great Britain are signatories of the
convention of the 18th October, 1907,1 for
the pacific settlement of international disputes, and are desirous that
certain pecuniary claims outstanding between them should be referred to
arbitration, as recommended by article 38 of that convention.
Now, therefore, it is agreed that such claims as are contained in the
schedules drawn up as hereinafter provided shall be referred to
arbitration under Chapter IV of the said convention, and subject to the
following provisions:
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Article 1. Either party may, at any time within
four months from the date of the confirmation of this agreement, present
to the other party any claims which it desires to submit to arbitration.
The claims so presented shall, if agreed upon by both parties, unless
reserved as hereinafter provided, be submitted to arbitration in
accordance with the provisions of this agreement. They shall be grouped
in one or more schedules which, on the part of the United States, shall
be agreed on by and with the advice and consent of the Senate, His
Majesty’s Government reserving the right before agreeing to the
inclusion of any claim affecting the interests of a self-governing
dominion of the British Empire to obtain the concurrence thereto of the
Government of that dominion.
Either party shall have the right to reserve for further examination any
claims so presented for inclusion in the schedules; and any claims so
reserved shall not be prejudiced or barred by reason of anything
contained in this agreement.
Article 2. All claims outstanding between the
two Governments at the date of the signature of this agreement and
originating in circumstances or transactions anterior to that date,
whether submitted to arbitration or not, shall thereafter be considered
as finally barred unless reserved by either party for further
examination as provided in article 1.
Article 3. The arbitral tribunal shall be
constituted in accordance with article 87 (Chapter IV) and with article
59 (Chapter III) of the said convention, which are as follows:
Article 87. 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.
Article 59. 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.
Article 4. The proceedings shall be regulated
by so much of Chapter IV of the convention and of Chapter III, excepting
articles 53 and 54, as the tribunal may consider to be applicable and to
be consistent with the provisions of this agreement.
Article 5. The tribunal is entitled, as
provided in article 74 (Chapter III) of the convention, to issue rules
of procedure for the conduct of business, to decide the forms, order,
and time in which each party must conclude its arguments, and to arrange
all formalities required for dealing with the evidence.
The agents and counsel of the parties are authorized, as provided in
article 70 (Chapter III), to present orally and in writing to the
tribunal all the arguments they may consider expedient in support or in
defense of each claim.
The tribunal shall keep record of the claims submitted, and the
proceedings thereon, with the dates of such proceedings. Each Government
may appoint a secretary. These secretaries shall act together as joint
secretaries of the tribunal and shall be subject to its direction. The
tribunal may appoint and employ any other necessary officer or officers
to assist it in the performance of its duties.
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The tribunal shall decide all claims submitted upon such evidence or
information as may be furnished by either Government.
The tribunal is authorized to administer oaths to witnesses and to take
evidence on oath.
The proceedings shall be in English.
Article 6. The tribunal shall meet at
Washington at a date to be hereafter fixed by the two Governments, and
may fix the time and place of subsequent meetings as may be convenient,
subject always to special direction of the two Governments.
Article 7. Each member of the tribunal, upon
assuming the function of his office, shall make and subscribe a solemn
declaration in writing that he will carefully examine and impartially
decide, in accordance with treaty rights and with the principles of
international law and of equity, all claims presented for decision, and
such declaration shall be entered upon the record of the proceedings of
the tribunal.
Article 8. All sums of money which may be
awarded by the tribunal on account of any claim shall be paid by the one
Government to the other, as the case may be, within eighteen months
after the date of the final award, without interest and without
deduction, save as specified in the next article.
Article 9. Each Government shall bear its own
expenses. The expenses of the tribunal shall be defrayed by a ratable
deduction on the amount of the sums awarded by it, at a rate of 5 per
cent on such sums, or at such lower rate as may be agreed upon between
the two Governments; the deficiency, if any, shall be defrayed in equal
moieties by the two Governments.
Article 10. The present agreement, and also any
schedules agreed thereunder, shall be binding only when confirmed by the
two Governments by an exchange of notes.
In witness whereof this agreement has been signed and sealed by the
Secretary of State of the United States, Philander C. Knox, on behalf of
the United States, and by His Britannic Majesty’s Ambassador at
Washington, the Right Hon. James Bryce, O. M., on behalf of Great
Britain.
Done in duplicate at the city of
Washington, this 18th day of August, one thousand nine
hundred and ten.
[
seal]
Philander C. Knox.
[
seal]
James Bryce.
Schedule of Claims.
First schedule of claims to be
submitted to arbitration in accordance with the provisions of
the foregoing special agreement and the terms of such
submission.
Class I.—Claims based on alleged denial in
whole or in part of real property rights.
British:
- Cayuga Indians, Rio Grande.
American:
- Webster, Studer, R. E. Brown, Samuel Clark.
- Fijian land claims.—Burt, Henry,
Brower, Williams.
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Class II.—Claims based on the acts of the
authorities of either Government in regard to the vessels of the
nationals of the other Government, or for the alleged wrongful
collection or receipt of customs duties or other charges by the
authorities of either Government:
British:
- Shipping claims—
- Coquitlam, Favourite, Wanderer, Kate, Lord Nelson,
Canadienne, Eastry, Lindisfarne, Newchwang, Sidra,
Maroa, Thomas F. Bayard, Jessie, Peschawa.
- Canadian claims for refund of hay
duties—
- Peter Anderson, Charles Arpin, Nathaniel
Bachelder, Magloire, G. Blain, Toussaint Bourassa,
continuing partner of Bourassa and Forrester; Pierre
Bourgeois, William Burland & Company; Charles S.
Howe, surviving partner; Frederick Catudal; L. N.
Charlebois, heir and assignee of Denis N.
Charlebois; Joseph Couture; Wilfrid Dorais, heir of
Louis T. Dorais; John and Francis Ewing, John Ewing,
surviving partner; Joseph Jean Baptiste Gosselin,
heirs of Joseph A. Lamoureux, deceased.
- Gorton-Pew Co. (37 vessels)—A. M. Parker,
Priscilla Smith, Senator Gardner, Corsair, Vigilant,
Harry A. Nickerson, Gossip, Flirt, Ella G. King,
Helen G. Wells, Ramona, Massachusetts, Ellen C.
Burke, J. J. Flaherty, Geo. R. Alston, Maxine
Elliott, Vera, Orinoco, Miranda, Madonna, Atlanta,
Gov. Russell, Mystery, Jas. A. Garfield, L. I.
Lowell, Dora A. Lawson, Tattler, Alice R. Lawson,
Olga, J. R. Bradley, Fannie Smith, Rob Roy,
Smuggler, Essex, Athlete, Valkyria, Sceptre.
- W. H. Jordan (6 vessels)—Lewis H. Giles, O. W.
Holmes, The Gatherer, Hattie E. Worcester,
Goldenrod, Joseph Rowe.
- Orlando Merchant (16 vessels)—Avalon,
Constellation, O. W. Holmes, Golden Rod, Grayling,
Joseph Rowe, Harvard, Mary E. Harty, Harriet W.
Babson, Richard Wainwright. Henry M. Stanley, Lewis
H. Giles, Lottie G. Merchant, Oriole, Clintonia,
Esperanto.
- Jerome McDonald (3 vessels)—Preceptor, Gladiator,
Monitor.
- John Pew & Sons (5 vessels)—A. E. Whyland.
Essex, Columbia, Orinoco, Scepter.
- D. B. Smith & Co. (12 vessels)—Smuggler,
Lucinda I. Lowell, Helen F. Whittier, Dora A.
Lawson, Carrie W. Babson, Golden Hope, Fern-wood,
Sen. Gardner, Maxine Elliott, J. J. Flaherty,
Tattler, Stranger.
- Sylvanus Smith & Co. (7 vessels)—Lucile,
Bohemia. Claudia, Arcadia, Parthia, Arabia,
Sylvania.
- John Chisolm (5 vessels)—Admiral Dewey, Harry G.
French, Monarch, Judique, Conqueror.
- Carl C. Young (3 vessels)—Dauntless, A. E.
Whyland, William E. Morrissey.
- Hugh Parkhurst & Co. (6 vessels)—Rival, Arthur
D. Story, Patrician, Geo. Parker, Sen. S.aulsbury.
Diana.
- A. D. Mallock (3 vessels)—Indiana, Alert, Edna
Wallace Hopper.
- Thomas M. Nickolson (13 vessels)—Ada S. Babson,
Elizabeth N., Hiram Lowell, M. B. Stetson, A. V. S.
Woodruff, T. M. Nickolson, Landseer, Edgar S.
Foster, A. M. Nickolson, Wm. Matheson, Robin Hood.
Annie G. Quinner, N. E. Symonds.
- M. J. Palson (3 vessels)—Barge Tillid, schooner J.
K. Manning, tug Clarita.
- M. J. Dillon (1 vessel)—Edith Emery. Russell. D.
Terry (1 vessel)—Centennial.
- Lemuel E. Spinney (3 vessels)—American,
Arbitrator, Dictator.
- Wm. H. Thomas (2 vessels)—Elmer E. Gray, Thos. L.
Gorton.
- Frank H. Hall (3 vessels)—Ralph H. Hall, Sarah E.
Lee, Faustina.
- M. Walen & Son (7 vessels)—Kentucky, Effie W.
Prior, Orpheus, Hattie A. Heckman, Ella M. Goodsin,
Bessie N. Devine, Arthur James.
American:
- Fishing claim—
- Group 1.—Against Newfoundland—
- Cunningham & Thompson (18
vessels)—Masconomo. Arbutus, Anglo-Saxon,
Quickstep, Nourmahal, Puritan, Talisman, Norma,
Norumbega, Aloha, Ingomar, Jennie B. Hodgdon,
Arkona, Arethusa, Independence II, S. P. Willard,
Corona, Saladin.
- Davis Bros. (10 vessels)—Oregon, Margaret,
Theo. Roosevelt, I. M. Stanwood, Georgie Campbell,
Blanche, Veda McKown, E. A. Perkins, Kearsarge,
Lena & Maud.
- Wm. H. Parsons (12 vessels)—Corsair, Grace
L. Fears, Argo, Lizzie Griffin, Independence,
Independence II, Dreadnought, Robin Hood, Helen G.
Wells, Colonial, Alice M. Parsons, Mildred V.
Lee.
- Atlantic Maritime Co. (7 vessels)—James W.
Parker, Raynah, Susan & Mary, Elsie. Fannie E.
Prescott E. E. Gray, Mildred Robinson.
- Waldo I. Wonson (5 vessels)—American,
Mystery, Procyon, Effie M. Morrissey,
Marguerite.
- Edward Trevoy (1 vessel)—Edward
Trevoy.
- Henry Atwoocl (1 vessel)—Fannie B.
Atwood.
- Fred Thompson (1 vessel)—Elsie M.
Smith.
- Group 2.—Against Newfoundland—
- Bessie M. Wells, Elector, Sarah B. Putnam,
A. E. Whyland, N. B. Parker, Thomas F. Bayard,
Aretbusa, Harry A. Nickerson, Arkona, Edna Wallace
Hopper. Athlete.
- Against Canada—
- Frederick Gerring, North, D. J. Adams, R. T.
Roy, Tattler, Hurricane, Argonaut, Jonas H.
French.
Class III.—Claims based on damages to the
property of either Government or its nationals, or on personal
wrongs of such nationals, alleged to be due to the operations of the
military or naval forces of the other Government or to the acts or
negligence of the civil authorities of the other Government.
British:
- Four cable companies claims—
- Cuban Submarine Telegraph Co., Eastern Extension
Cable Co., Canadian Electric Light Co., Great
Northwestern Telegraph Co.
- “Philippine war” claims—
- Ackart, Balfour, Broxup, Cundal, Dodson, Fleming,
Forbes, Fox, Fyfe, Grace, Grindrod, Hawkins, F.,
Hawkins, J., Hendry, Hill, Hogg, Holiday, Hong Kong
Bank, Iloilo Club. Eastern Extension Telegraph Co.,
Higgins, W., Higgins, N. L., Hoskins & Co.,
Kaufman, Ker Bolton & Co., Launders, McLeod,
McMeeking, Moore, Philippine Mineral Syndicate,
Pohang, Pohoomul, Smith, Stevenson, Strachan,
Thomson, Underwood, Warner, Zafiro, C. B. Chiene, N.
L. Chiene, Parsons & Walker.
- “Hawaiian claims—
- Ashford, Bailey, Harrison, Kenyon, Levy, McDowall,
Rawlins, Red-ward, Reynolds. Thomas.
- Hardman, Wrathall, Cadenhead.
American:
- Home Missionary Society, Daniel Johnson, Union Bridge
Company, Madeiros.
Class IV.—Claims based on contracts between
the authorities of either Government and the nationals of the other
Government.
British:
- King Robert, Yukon Lumber, Hemming.
terms of submission.
- I.
- In case of any claim being put forward by one party which is
alleged by the other party to be barred by treaty, the arbitral
tribunal shall first deal with and decide the question whether
the claim is so barred, and in the event of a decision that the
claim is so barred, the claim shall be disallowed.
- II.
- The arbitral tribunal shall take into account as one of the
equities of a claim to such extent as it shall consider just in
allowing or disallowing a claim any admission of liability by
the Government against whom a claim is put forward.
- III.
- The arbitral tribunal shall take into account as one of the
equities of a claim to such extent as it shall consider just in
allowing or disallowing a claim, in whole or in part, any
failure on the part of the claimants to obtain satisfaction
through legal remedies which are open to him or placed at his
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disposal, but no
claim shall be disallowed or rejected by application of the
general principle of international law that the legal remedies
must be exhausted as a condition precedent to the validity of
the claim.
- IV.
- The arbitral tribunal, if it considers equitable, may include
in its award in respect of any claim interest at a rate not
exceeding 4 per cent per annum for the whole or any part of the
period between the date when the claim was first brought to the
notice of the other party and that of the confirmation of the
schedule in which it is included.
The foregoing schedule and terms of submission are agreed upon in
pursuance of and subject to the provisions of the special agreement
for the submission to arbitration of pecuniary claims outstanding
between the United States and Great Britain, signed on the 18th day
of August, 1910, and require confirmation by the two Governments in
accordance with the provisions of that agreement.1
Signed in duplicate at the city of Washington, this sixth day of
July, one thousand nine hundred and eleven, by the Secretary of
State of the United States, Philander C. Knox, on behalf of the
United States, and by his Britannic Majesty’s ambassador at
Washington, the Right Honorable James Bryce, O. M., on behalf of
Great Britain.
- Philander C. Knox.
- James Bryce.
