754.60 c 12/1
The Polish Minister (Wróblewski) to the Secretary of State31
Sir: The Government of the Republic of Poland and the Government of the Swiss Republic signed in Bern on March 7, 1925, a Treaty of Arbitration,32 Articles 3 and 14 of which provide for invoking the assistance of the President of the United States under circumstances stated therein.
A translation of the text of Articles 3 and 14 of the Treaty follows:
Article 3
Within six months after the exchange of ratifications of the present Treaty the Contracting Parties shall establish a Permanent Conciliation Commission composed of five members.
Each of the Parties shall appoint one member of its own choice and the three other members shall be selected! by agreement. These three members shall not be nationals of the Contracting Parties nor [Page 210] have their domicile on their territory nor be employed in their service.
The Chairman of the Commission shall be selected by agreement from among the members appointed in common. In case of failure of the Parties to agree, the Chairman shall be designated, at the request of the Parties, by the President of the United States of America if he so consents.
The members of the Commission shall be appointed for three years. Unless the Parties agree to the contrary the members designated in common shall not be removed during the period for which they were appointed.
Article 14
When, by virtue of the terms of Article 1 of the present Treaty, a difference shall be submitted for arbitration the arbitral tribunal shall be established by agreement between the Parties.
If the Parties should be unable to agree on the constitution of the tribunal within a period of three months from the day when one of the Parties shall have addressed to the other a request for arbitration, the following procedure shall be followed:
Each Party shall name two arbitrators of which one must be taken from the list of members of the Permanent Court of Arbitration and chosen to the exclusion of its own nationals. The arbitrators so designated shall together choose the Chairman of the tribunal. In case of an equal division of votes the selection of the Chairman shall be entrusted to the President of the United States, if he so consents.
Acting on instructions from my Government, I beg to inquire if it is agreeable in principle to the President of the United States that the Parties should so provide for invoking the assistance of the President in the circumstances described in Articles 3 and 14.
It is understood that an identic note is being presented by the Swiss Minister on behalf of his Government.
Accept [etc.]