I have the honor to enclose herewith, for your consideration, a draft
agreement which I hope may be acceptable to your Government, so that an
agreement may be promptly concluded.
[Enclosure]
Draft of Arbitration Agreement
The United States of America and His Majesty the King of Norway,
desiring to settle amicably certain claims of Norwegian subjects
against the United States arising out of the requisition of property
by the United States Shipping Board Emergency Fleet Corporation;
Considering that these claims have been presented to the United
States Shipping Board Emergency Fleet Corporation and that the said
corporation and the claimants have failed to reach an agreement for
the settlement thereof;
Considering, therefore, that the claims should be submitted to
arbitration conformably to the Convention of the 18th of October
1907, for the pacific settlement of international disputes and the
Arbitration Convention concluded by the two Governments April 4, [Page 584] 1908, and renewed by
agreements dated June 16, 1913,18 and March 30,
1918,19 respectively;
Have appointed as their plenipotentiaries, for the purpose of
concluding the following Special Agreement;
-
The President of the United States of America,
. . . . . . . . . . . . . . . . . . . . . . . .
.
-
His Majesty the King of Norway,
. . . . . . . . . . . . . . . . . . . . . . . .
.
Who, after having communicated to each other their respective full
powers, found to be in good and due form, have agreed on the
following articles:
Article I
The Arbitral Tribunal shall be constituted in accordance with Article
87 (Chapter IV) and Article 59 (Chapter III) of the said Convention
of October 18, 1907, except as hereinafter provided, to wit:
One arbitrator shall be appointed by the President of the United
States, one by His Majesty the King of Norway, and the third, who
shall preside over the Tribunal, shall be selected by mutual
agreement between the two Governments. If the two Governments shall
not agree within one month from the date of the exchange of
ratifications of the present Agreement in naming such third
arbitrator, then he shall be named by the President of the Swiss
Confederation, if he is willing.
The Tribunal shall determine, in accordance with the principles of
law and equity:
- (1)
- What property, if any, belonging to each of the claimants
was requisitioned;
- (2)
- What sum, if any, should be paid to each claimant as
compensation for such requisition.
The Tribunal shall also examine any claim of any American citizen
against any Norwegian subject in whose behalf a claim is presented
under the present Agreement, arising out of a transaction on which
such claim is based, and shall determine what portion of any sum
that may be awarded to such claimant shall equitably be paid to such
American citizen.
Article II
As soon as possible, and within six months from the date of the
exchange of ratifications of the present Agreement, each Party shall
present to the agent of the other Party, two printed copies of its
case (and additional copies that may be agreed upon) together with
the documentary evidence upon which it relies. It shall be
sufficient for [Page 585] this
purpose if such copies and documents are delivered at the Norwegian
Legation at Washington or at the American Legation at Christiania,
as the case may be, for transmission.
Within twenty days thereafter, each party shall deliver two printed
copies of its case and accompanying documentary evidence to each
member of the Arbitral Tribunal, and such delivery may be made by
depositing these copies within the stated period with the
International Bureau at The Hague for transmission to the
Arbitrators.
After the delivery on both sides of such printed case, either Party
may present, within three months after the expiration of the period
above fixed for the delivery of the case to the agent of the other
Party, a printed counter-case (and additional copies that may be
agreed upon) with documentary evidence, in answer to the case and
documentary evidence of the other Party, and within fifteen days
thereafter shall, as above provided, deliver in duplicate such
counter-case and accompanying evidence to each of the
Arbitrators.
As soon as possible and within two months after the expiration of the
period above fixed for the delivery to the agents of the
counter-case, each Party shall deliver in duplicate to each of the
Arbitrators and to the agent of the other Party a printed argument
(and additional copies that may be agreed upon) showing the points
relied upon in the case and counter-case, and referring to the
documentary evidence upon which it is based. Delivery in each case
may be made in the manner provided for the delivery of the case and
counter-case to the Arbitrators and to the agents.
The time fixed by this Agreement for the delivery of the case,
counter-case, or argument, and for the meeting of the Tribunal, may
be extended by mutual consent of the Parties.
Article III
The Tribunal shall meet at The Hague within one month after the
expiration of the period fixed for the delivery of the printed
argument as provided for in Article II.
The agents and counsel of each Party may present in support of its
case oral arguments to the Tribunal, and additional written
arguments, copies of which shall be delivered by each Party in
duplicate to the Arbitrators and to the agents and counsel of the
other Party.
The Tribunal may demand oral explanations from the agents of the two
Parties as well as from experts and witnesses whose appearance
before the Tribunal it may consider useful.
Article IV
The decision of the Tribunal shall be made within two months from the
close of the arguments on both sides, unless on the request of the
Tribunal, the Parties shall agree to extend the period. The decision
[Page 586] shall be in writing
and shall be accompanied by a statement of reasons.
The decision of the majority of the members of the Tribunal shall be
the decision of the Tribunal.
The language in which the proceedings shall be conducted shall be
English.
The decision shall be accepted as final and binding upon the two
Governments.
Any amount granted by the award rendered shall bear interest at the
rate of five per centum per annum, beginning to run one month after
the rendition of the decision until the date of payment.
Article V
Each Government shall pay the expenses of the presentation and
conduct of its case before the Tribunal; all other expenses which by
their nature are a charge on both Governments, including the
honorarium for each arbitrator, shall be borne by the two
Governments in equal moities.
Article VI
This Special Agreement shall be ratified in accordance with the
constitutional forms of the contracting parties and shall take
effect immediately upon the exchange of ratifications, which shall
take place as soon as possible at Washington.
In Witness Whereof, the respective
plenipotentiaries have signed this Special Agreement and have
hereunto affixed their seals.
Done in duplicate in . .
. . . .
this . . . . . . day
of . . . . . ., 1921.
