362.115 St 21/374: Telegram
The Secretary of State to the Ambassador in France (Herrick)
141. L–234 for Hill.46 Your L–371.47 Department considers that tanker case should now be permitted to go back to arbitrators for majority decision. Standard Oil Company indicates it is in accord with this view provided Sjoeborg48 is to be third arbitrator as already agreed. Company expresses view that if Sjoeborg is unable to serve this Government should have voice in selecting arbitrator to serve in his place. It is noted that Reparation Commission in designating members to serve on Independent Tribunal with approval of American observer provided in its decision No. 1577 that the two arbitrators should name a disinterested person to serve in event that Lyon and Bayne49 failed to agree upon a decision. It is [Page 169] assumed that if Sjoeborg cannot serve Lyon and Bayne will appoint member to serve in his place, in which event Bayne should first consult Department through you.