314.115C43/176: Telegram

The Secretary of State to the Minister in Guatemala (Geissler)

62. Your 2607 and 2608, October 9. Department agrees to formula for arbitration of Shufeldt claim proposed by Guatemalan Government, with change in form of question mentioned in your 2608, provided following changes are also made.

In paragraph two insert “one or more” before “representative” and make latter plural. Strike out “his Government” and insert “it”.

In paragraph three change “January” to “February”. In view of the expected participation by this Government in the Conference on Codification at The Hague in March a postponement of the arbitration proceedings of one month seems necessary. Strike out “meet at Belize and appear before the arbitrator”, change “presenting” to “present”, and add after “credentials”, the words “to the arbitrator, either in person or through their respective consular officers”.

In paragraph four strike out “present before” and insert “submit to”, insert “written” before “statement”, and strike out “of allegations”. Change “point” to “points”.

At the end of fifth paragraph add “when the originals thereof are submitted to the arbitrator”.

In paragraph six line four insert “written” before “reply”.

In paragraph seven line three strike out “may make oral or written allegations before” and insert “may present oral or written arguments to”, strike out “allegations” at the end and insert “statements”. [Page 161] Add “but no additional evidence shall be presented except at the request of the arbitrator”.

In paragraph eight add at the end, “and to request the production of such documents by the other party”.

Department just informed that Sir Herbert Sisnett will serve as arbitrator. Therefore it is expected that arbitration will be held at Belize.

Stimson