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Annex (1 to 9)

1.

Should one of the members of the Tribunal either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him.

2.

The Tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence.

3.

The agent and counsel of the parties on each side are authorized to present orally and in writing to the Tribunal arguments in support or in defence of each case.

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4.

The Tribunal shall keep record of the questions and cases submitted and the proceedings thereon, with the dates of such proceedings.

5.

Each of the Powers concerned 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 in the performance of its duties.

6.

The Tribunal shall decide all questions and matters submitted upon such evidence and information as may be furnished by the parties concerned.

7.

Germany agrees to give the Tribunal all facilities and information required by it for carrying out its investigations.

8.

The language in which the proceedings shall be conducted shall, unless otherwise agreed, be English, French, Italian or Japanese, as may be determined by the Allied or Associated Power concerned.

Text of May 7:

The language in which the proceedings shall be conducted shall be determined by the Allied or Associated Power concerned.

9.

The place and time for the meetings of each Tribunal shall be determined by the President of the Tribunal.

Text of May 7:

The place and time for the meetings of each Tribunal shall be determined by the Allied or Associated Power concerned.

Note to X, 304, Annex

The mixed arbitral tribunals ceased to exist by mutual agreement about 1932. Typically, the Anglo-German Mixed Arbitral Tribunal was provisionally dissolved as from February 7, 1932 by an agreement signed at London July 26, 1932 (United Kingdom, 12th Annual [Page 632]Report of the Controller of the Clearing Office, p. 20). An exchange of notes with the agreement recorded the understandings.

(a)
“that the right to call for the reconstitution of the Tribunal is limited to cases involving claims arising under the Articles of the Treaty of Versailles specifically mentioned in the Agreement, i.e., Articles 304 (b) and 305, and it is only cases arising under these Articles of the Treaty that the Tribunal, when reconstituted, shall have jurisdiction to decide in accordance with the provisions of the Treaty”; and
(b)
“that it shall be a matter for discussion between the German Government and His Majesty’s Government in the United Kingdom, should the reconstitution of the Tribunal be required by either Government, whether and, if so, to what extent, the expense involved in the reconstitution shall be borne by the parties concerned in the case or cases in respect of which the reconstitution of the Tribunal is desired.”

Article 305.

Whenever a competent court has given or gives a decision in a case covered by Sections III, IV, V or VII, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the German court.

Text of May 7:

Whenever a competent Tribunal has given or gives a decision in a case covered by Sections III, IV, V or VII, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the German Court.