ANNEX XII.
Arbitration. Rules of Procedure.
1. The proceedings in any arbitration shall be governed by the dispositions of Chapter III of The Hague Convention of 1907 for the Pacific Settlement of International Disputes, except in so far as the same are modified by the following provisions or by those of the Agreement of The Hague of January, 1930:
In particular Article 85 of The Hague Convention shall apply to these proceedings, and each Party shall pay its own expenses and an equal share of those of the Tribunal.
2. The Tribunal shall sit at The Hague or such other place as may be fixed by the Tribunal.
The date of sitting shall be determined by the Chairman and at least fourteen days previous notice shall be given to the Parties.
3. Each Party shall appoint a representative.
Any communication between the Parties and the Tribunal or between the Parties themselves shall be conducted through these representatives.
The Tribunal shall appoint a Secretary to whom communications shall be addressed.
4. The procedure shall consist of two stages
(1) Written cases or pleadings; and
(2) Oral debates.
The oral discussion shall be public.
5. The Party which is in the position of plaintiff shall deliver its case within six weeks from the date of the special agreement or a date to be fixed by the Chairman or by the Tribunal, and the other Party shall present its counter-case within six weeks from the date on which it receives the case of the first Party.
If any dispute shall arise as to which Party is in the position of Plaintiff in any particular case, the matter shall be decided summarily by the President of the Tribunal or any Member thereof appointed for this purpose by the President.
6. Cases shall contain:
(1) a statement of the facts on which the claim is based
(2) a statement of law;
(3) a statement of conclusions;
(4) a list of the documents in support; these documents shall be attached to the Case.
Counter-Cases shall contain:
(1) the affirmation or contestation of the facts stated in the Case;
(2) a statement of additional facts, if any;
(3) a statement of law
(4) conclusions based on the facts stated; these conclusions may include counter-claims, in so far as the latter come within the jurisdiction of the Tribunal;
(5) a list of the documents in support; these documents shall be attached to the Counter-Case.
7. The Parties shall also respectively have the right to deliver a reply and rejoinder within three weeks after the receipt of the last preceding pleading.
All cases shall be printed, six copies at least to be delivered to the opposing Party and twelve at least to the Tribunal. Each Party shall acknowledge the receipt of any document to the Party which has delivered it, and shall inform the Tribunal of the date of receipt.
Certified copies of any documents on which reliance is placed shall be annexed to the pleading in which they are referred to.
8. The periods above fixed may be extended either by the agreement of the Parties or by a decision of the Chairman or of the Tribunal.
9. The written proceedings may be in English, French or (where Germany is a Party) in German. It shall, however, be open to any member of the Tribunal to require that any pleading or other document (including any translation) delivered in one of those three languages should be translated into another and, if necessary, duly certified.
10. Not more than two advocates may appear on behalf of each Party for each separate question submitted to arbitration.
11. The advocates may address the Tribunal in their own language, subject to the right of any member of the Tribunal or an opposing Party to require a translation into English or French.
12. Shorthand minutes shall be taken on behalf of the Tribunal of all oral arguments, and transcripts shall be supplied with all possible despatch to the members of the Tribunal and to the Parties. The Secretary of the Tribunal shall be responsible for the execution of this clause and for the preparation of the necessary minutes.
13. For all the purposes of the arbitration up to the commencement of the oral proceedings, the President or any two members of the Tribunal appointed by him shall be qualified to take in the name and on behalf of the Tribunal any decisions which the Tribunal is authorised to take.
14. No Party may, without the consent of the other Party, make use in the course of the discussion of any document which has not been previously communicated to the other Party.
15. Any member of the Tribunal may put to the Parties during the discussion any questions which he thinks proper. The Tribunal may at any time before reaching a decision employ any means of information which it considers necessary, and may ask for any supplementary notes, memoirs or documents which it thinks desirable. Should, however, the Tribunal resort to other means of information than those supplied by the Parties it will allow them to submit arguments on the additional information.
16. No oral explanation will be received from either Party unless the other Party is present or has been duly summoned.
17. Any request or communication addressed to the Tribunal by one of the Parties will be communicated at the same time to the other.
18. The Secretary of the Tribunal shall notify all proceedings instituted before the Tribunal to all Parties to The Hague Agreement of January 1930.
19. When any signatory Power or the Bank for International Settlements considers that it has an interest of a legal nature which may be affected by the decision in a case, it may submit a request to the Tribunal to be permitted to intervene as a third Party.
In the absence of an agreement between the Parties, the Chairman or any member of the Tribunal appointed by him for that purpose shall fix the time within which the Party intervening is to deliver his case.
Subject to any contrary decision of the Tribunal, the foregoing rules and the provisions as to Arbitration of the Agreement of The Hague of January 1930, and in particular those relating to the appointment of an additional member in certain cases, shall apply to a Party intervening in the same manner as to the original Parties.
ARRANGEMENT BETWEEN THE CREDITOR
POWERS.
(GERMANY.)
The duly authorised representatives of the Government of His Majesty the King of the Belgians, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Poland, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic and the Government of His Majesty the King of Jugoslavia, have concluded the following arrangement:
1. The Signatory Powers accept the division of the German payments resulting from the New Plan as a final settlement of all questions relating to the distribution of payments, transfers, cessions and deliveries already made by Germany in execution of the Treaty of Versailles, the Armistice Conventions, and any supplementary Agreements, subject only to the provisions set out in Articles 3 and 4 of this arrangement.
This division among the Signatory Powers shall not be affected by any existing arrangements between them nor by the result of accounts relating to past transactions.
2. In consequence, all accounts between the Signatory Powers or between any one of them and the Reparation Commission, relating to questions dealt with in Article 1 and regarding the period prior to the application of the Experts Plan of June 7th, 1929 (including accounts relating to the shares of the German pre-war public debt), have henceforth no purpose or effect and will be closed in their existing state, subject only to the provisions set out in Articles 3 and 4 of this arrangement.
3. Nevertheless
(a) The shares of the Bagdad Railway Company at present held by the Reparation Commission will be allotted in three equal portions to France, Great Britain and Italy, without giving rise to any adjustment of accounts between the Creditor Powers.
(b) The method of distribution of the cables ceded by Germany under the Treaty of Versailles will be settled by the Creditor Powers concerned.
(c) The expenses of the Experts Committee of 1929 to be met by the Creditor Powers will be finally divided among them in accordance with the percentages provided by the Spa Agreement and the complementary Agreements.
(d) Any savings realised on the sums paid to the Sections of the Inter-Allied Rhineland High Commission out of the fifth Dawes annuity shall be used towards meeting the expenses of the said Sections after the 31st August 1929, including costs of liquidation. The balance of these expenses up to the following maxima: Belgium 250,000 Reichsmarks, France 750,000 Reichsmarks, Great Britain 364,000 Reichsmarks, shall be defrayed from the Fund provided for by Annex IV to the Protocol of August 31, 1929.
(e) If the expenses of the Reparation Commission and of the Organisations provided for by the Dawes Plan after 31st August, 1929 are not completely covered by the sums of 6 million Reichsmarks provided for by Annex III to the Hague Protocol of 31st August, 1929, any excess shall be met out of savings realised by the Reparation Commission and by the said organisations respectively on the sums allocated for such expenses out of the Fifth Dawes Annuity.
(f) All questions relating to claims or assets of the Reparation Commission the distribution of which is not provided for by the above paragraphs will be settled by the Governments of Belgium, France, Great Britain, Italy and Japan. Any receipts in respect of these claims or assets will be distributed in accordance with the rules of distribution laid down by the Agreement of January 14th, 1925.
4. For the application of paragraph 192 of the Annexes to the Experts Report, a sum of 118,100,000 Reichsmarks will be handed over to Great Britain, Italy and Greece out of the receipts in respect of the last five months of the Dawes Plan.
This payment will be divided as follows:
Great Britain.... 102,000,000
Italy....... 14,800,000
Greece...... 1,300,000
It will be charged on the excesses of the various Powers in the following amounts:
France....... 89,380,446
Belgium...... 12,014,283
Japan....... 2,527,350
Jugo-Slavia..... 13,021,695
Portugal...... 134,661
Roumania..... 912,920
Poland....... 108,645
5. The payments made to the Reparation Commission by the Government of Denmark, by the Free City of Danzig and by the Danzig Harbour and Waterways Board, are regarded as constituting a final settlement of their respective obligations towards the Reparation Commission in respect of state property ceded by Germany and of their shares in the German prewar public debt.
6. The excess of the fund dealt with in paragraph 113 of the Annexes to the Experts Report of June 7th, 1929, (penultimate sentence) will be divided among the Creditor Governments in accordance with the arrangements to be concluded between them when the time comes.
7. In order to give effect to Article VI of Annex I of the Protocol of 31st August, 1929, the French and Italian Governments agree to pay to Great Britain during each of the 36 financial years commencing April 1930, the annuities provided for in their respective War Debt Funding Agreements by equal monthly instalments on the 15th of each month, instead of in half-yearly instalments on the 15th September and 15th March of each year.
The dates of the release of the Italian gold deposit provided for in Article 7 of the Anglo-Italian War Debt Funding Agreement will be similarly modified.
8. The Annuities provided by Articles 3 and 4 of Annex I of The Hague Protocol of August 31st, 1929, shall be paid in two equal instalments on the 1st July and the 1st January in each year, from the 1st July, 1930, to the 1st January, 1966. For the current year, in the absence of any different arrangement, the whole amount shall be paid on March 15th, 1930, with interest at 5% from October 1st, 1929.
9. The service of the annuity of 19.8 million Reichsmarks, payment of which to Great Britain was guaranteed by France and Belgium under Article III of Annex I of the Hague Protocol of August 31st, 1929, will be met as to 16,650,000 Reichsmarks by France and as to 3,150,000 Reichsmarks by Belgium.
10. This arrangement, of which the English and French texts are equally authentic, shall be ratified, and shall go into force for each Government after ratification by it, at the same time as the Agreement with Germany for the complete and final settlement of the question of reparations concluded on this same day at The Hague goes into force.
Done at The Hague this 20th day of January, 1930.
HENRI JASPAR.
PAUL HYMANS.
E. FRANCQUI.
PHILIP SNOWDEN.
PETER LARKIN.
GRANVILLE RYRIE.
E. TOMS.
PHILIP SNOWDEN.
PHILIP SNOWDEN.
HENRI CHÉRON.
LOUCHEUR.
N. POLITIS.
J. G. POLITIS.
A. MOSCONI.
A. PIRELLI.
SUVICH.
ADATCI.
K. HIROTA.
J. MROZOWSKI.
R. ULRICH.
TOMAZ FERNANDES.
G. G. MIRONESCO.
N. TITULESCO.
J. LUGOSIANO.
AL. ZEUCEANO.
Dr. EDUARD BENEŠ.
STEFAN OSUSKÝ.
Dr. V. MARINKOVITCH.
C. FOTITCH.
AGREEMENT.
ARRANGEMENT BETWEEN THE CREDITOR POWERS (AUSTRIA, HUNGARY, BULGARIA-LIBERATION DEBT).
The duly authorised representatives of the Government of His Majesty the King of the Belgians, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Poland, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic and the Government of His Majesty the King of Jugoslavia,
have concluded the following arrangement as to the State properties ceded by Austria, Hungary and Bulgaria, the Liberation Debts and the distribution of non-German reparations.
Article I.
A complete and final discharge of their liabilities is granted to the Powers signatory of the present Agreement which are debtors in respect of the properties ceded in virtue of the Treaties of St. Germain, Trianon and Neuilly and of the Liberation Debts arising out of the Agreements of the 10th September and 8th December, 1919.
Provided always that no one of the said Powers shall derive any benefit under this Article unless and until it shall have ratified the Agreements with Germany, Austria, Bulgaria and Czechoslovakia concluded at The Hague in January, 1930.
Article II.
The annuity of ten million gold marks payable under the Agreement of even date by Czechoslovakia to the other Creditor Governments shall be distributed among the Creditor Powers other than Roumania, Czechoslovakia and Jugoslavia in accordance with the following table:
|
Gold marks. |
|
|
France...... |
3,187,854 |
|
Great Britain.... |
1,384,519 |
|
Italy....... |
3,146,632 |
|
Belgium...... |
418,816 |
|
Japan....... |
51,920 |
|
Portugal...... |
51,920 |
|
Greece...... |
1,758,339 |
Article III.
Subject to the provisions of Articles IV and V the payments made by Bulgaria and Hungary on account of reparation up to 1943 shall be distributed as follows:
Greece 76.73% on the Bulgarian payments and on the Hungarian payments.
Roumania 13% on the Bulgarian payments and on the Hungarian payments.
Czechoslovakia 1% on the Bulgarian and Hungarian payments.
Jugoslavia 5% on the Bulgarian payments and 2% on the Hungarian payments.
The balance both of the Bulgarian and of the Hungarian payments being distributed between the other Creditor Powers proportionately to the percentages of Article 2 of the Spa Agreement of the 16th July, 1920 and subsequent agreements.
Article IV.
Greece shall receive
(a) the liquid assets realised by the Reparation Commission in pursuance of the Treaty of Neuilly and not distributed at the present time
(b) the payment of 5 million gold francs to be made by Bulgaria on the 1st April, 1930.
Article V.
Jugo-Slavia shall dispose of the whole of the sums to be paid by Hungary up to and including the 30th June, 1930 under the Schedule of Payments at present in force less a sum to be retained by the Reparation Commission for its administrative expenses.
Article VI.
The distribution fixed by the preceding Articles is final and inclusive.
Article VII.
The present Agreement constitutes a final settlement as between the signatory Governments of all their claims in respect of the State properties ceded in virtue of the Treaties of St. Germain, Trianon and Neuilly, of the Liberation Debts and of all payments and deliveries made to the said Governments in virtue of the Treaties of St. Germain, Trianon and Neuilly and the arrangements supplementary thereto.
The present Agreement, of which the French and English texts are both authentic, shall be ratified.
Deposit of ratifications shall be made at Paris as soon as possible.
The Powers of which the seat of government is outside Europe will be entitled to inform the French Government through their diplomatic representative at Paris that their ratification has been given: in that case they must transmit the instrument of ratification as soon as possible.
The French Government will transmit to all the Signatory Governments a certified copy of the proces-verbaux of the deposit of ratifications.
Done at The Hague in a single copy 20th January, 1930.
HENRI JASPAR.
PAUL HYMANS.
E. FRANCQUI.
PHILIP SNOWDEN.
PETER LARKIN.
GRANVILLE RYRIE.
E. TOMS.
PHILIP SNOWDEN.
PHILIP SNOWDEN.
HENRI CHÉRON.
LOUCHEUR.
N. POLITIS.
J. G. POLITIS.
A. MOSCONI.
A. PIRELLI.
SUVICH.
ADATCI.
K. HIROTA.
J. MROZOWSKI.
R. ULRICH.
TOMAZ FERNANDES.
G. G. MIRONESCO.
N. TITULESCO.
J. LUGOSIANO.
AL. ZEUCEANO.
Dr. EDUARD BENE.
STEFAN OSUSKÝ.
Dr. V. MARINKOVITCH.
CONSTANTIN FOTITCH.
AGREEMENT WITH CZECHOSLOVAKIA.
The duly authorised representatives of the Government of His Majesty the King of the Belgians, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Poland, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic and the Government of His Majesty the King of Jugoslavia
Have reached the following agreement:
Article 1.
In complete and final settlement of her debt arising out of the Agreement of 10th September 1919, to the other Powers having a credit on reparation account in virtue of the Treaties of Versailles, St. Germain, Trianon and Neuilly, Czechoslovakia shall pay 37 annuities of ten million gold marks, the due dates of which are fixed for the first complete annuity at 15th March 1930, and, for the balance, payable in half-yearly instalments, at 1st July and 1st January of each year, the final instalment being payable on 1st January 1966.
Article 2.
The instalments shall be paid by the Czechoslovak Government to the Bank for International Settlements, for the account of the Creditor Governments, in pounds sterling, at the average rate of exchange for the three days preceding the date of payment.
The Bank shall transfer the sums encashed to the account of each of the Creditor Governments, in accordance with the rules for distribution fixed by the Arrangement between the Creditor Powers (Austria, Hungary, Bulgaria, Liberation Debt) concluded at the Hague Conference 1930 and with any special arrangement between two or more of these Governments concerning their respective shares, as fixed by the said Agreement which shall have been notified to the Bank by the Creditor Governments concerned.
Article 3.
The present Agreement constitutes as between the Czechoslovak Government, of the one part, and the other signatory Governments, of the other part, a final settlement of all the obligations of Czechoslovakia which may result from the Treaties of Versailles, St. Germain, Trianon and Neuilly, from the Agreement of 10th September, 1919, and from all Arrangements supplementary to the said Treaties and Agreements.
The present Agreement, of which the French and English texts are both authentic, shall be ratified.
The deposit of ratifications shall be made at Paris as soon as possible.
The Powers of which the seat of Government is outside Europe will be entitled to inform the French Government through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.
The French Government will transmit to all the signatory Governments a certified copy of the proces-verbaux of the deposit of ratifications.
Done at The Hague in a single copy the 20th January, 1930.
HENRI JASPAR.
PAUL HYMANS.
E. FRANCQUI.
PHILIP SNOWDEN.
PETER LARKIN.
GRANVILLE RYRIE.
E. TOMS.
PHILIP SNOWDEN.
PHILIP SNOWDEN.
HENRI CHÉRON.
LOUCHEUR.
N. POLITIS.
J. G. POLITIS.
A. MOSCONI.
A. PIRELLI.
SUVICH.
ADATCI.
K. HIROTA.
J. MROZOWSKI.
R. ULRICH.
TOMAZ FERNANDES.
G. G. MIRONESCO.
AL. ZEUCEANO.
Dr. EDUARD BENEŠ.
STEFAN OSUSKÝ.
Dr. V. MARINKOVITCH.
CONST. FOTITCH.
AGREEMENT.
(AUSTRIA.)
The duly authorised representatives of the Government of the Republic of Austria, the Government of His Majesty the King of the Belgians, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Canada, the Government of the Commonwealth of Australia, the Government of New Zealand, the Government of the Union of South Africa, the Government of India, the Government of the French Republic, the Government of the Greek Republic, the Government of His Majesty the King of Italy, the Government of His Majesty the Emperor of Japan, the Government of the Republic of Poland, the Government of the Republic of Portugal, the Government of His Majesty the King of Roumania, the Government of the Czechoslovak Republic and the Government of His Majesty the King of Jugoslavia
Have reached the following agreement:
Article I.
The financial obligations of Austria arising under any provision of the Armistice of the 3rd November, 1918, and the Treaty of St. Germain and any Treaties or Agreements supplementary thereto shall be finally discharged by the payments, deliveries and cessions made by Austria up to the date of the coming into force of this Agreement, subject to the provisions of Article IV below. In consequence, the first charge on all the assets and revenues of Austria created by Article 197 of the Treaty of St. Germain in favour of the cost of reparation and all other costs arising under the said Treaty or any other Treaties or Agreements supplementary thereto or under the Armistice ceases to be operative.
Article II.
All relations between the Reparation Commission and Austria shall be terminated as from the date of the coming into force of the present Agreement. The accounts of the Reparation Commission with Austria will be considered as finally closed at the date when this Agreement comes into force.
Article III.
Subject to the provisions of Article IV of this Agreement, all outstanding claims and counter-claims arising under the Treaty of St. Germain or under the Armistice or in consequence of war measures between Austria on the one part and the other Powers signatory to this Agreement on the other part or between Austrian nationals and the said Powers or between the nationals of the said Powers and Austria are hereby reciprocally waived.
Article IV.
Any arrangements already signed by Austria on the one part and any other Power signatory to this Agreement on the other part in pursuance of the Treaty of St. Germain or any Treaties or Agreements supplementary thereto, and any credits resulting from the arrangements first mentioned in this Article remain unaffected by this Agreement.
Article V.
The Creditor Powers signatory to this Agreement undertake as from the date of coming into force of this Agreement to cease to apply their right to retain and liquidate the property, rights and interests belonging at the date of the coming into force of the Treaty of St. Germain to nationals of the former Austrian Empire or companies controlled by them, in so far as such property, rights and interests are not already liquid or liquidated or have not yet been definitely disposed of.
Article VI.
The claims of Austria against Germany referred to in Article 213 of the Treaty of St. Germain and any claims of Germany against Austria referred to in Article 261 of the Treaty of Versailles have been cancelled by The Hague Agreement of January 1930 concluded with Germany. Austria takes note of and accepts this cancellation.
Equally any claim of Austria against Hungary or Bulgaria referred to in the said Article 213 of the Treaty of St. Germain and any claim of Hungary or Bulgaria against Austria respectively referred to in Article 196 of the Treaty of Trianon and Article 145 of the Treaty of Neuilly are cancelled; any securities and documents relating to these claims shall be destroyed.
Article VII.
Nothing in this Agreement shall affect the arrangements made in connection with the guaranteed Austrian Loan of 1923, in connection with Austrian Relief Bonds and in connection with the obligations arising under Article 203 of the Treaty of St. Germain.
The further execution of this Article and its Annex in so far as the duties of the Reparation Commission are concerned will in due course form the subject of an arrangement between the parties interested.
Article VIII.
Any dispute between the Contracting Parties as to the interpretation or application of the present Agreement shall be submitted for final decision to the Tribunal referred to in the Hague Agreement with Germany of January 1930 in accordance with the procedure established in that Agreement. Provided always that on the occasion of any such dispute the place of the Member of the Tribunal appointed by Germany will be taken by a Member appointed by Austria.
Final Clause.
The present Agreement, of which the French and English texts are both authentic, shall be ratified.
The deposit of ratifications shall be made at Paris as soon as possible.
The Powers of which the seat of government is outside Europe will be entitled to inform the French Government through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.
The first proces-verbal of the deposit of ratifications will be drawn up as soon as the Agreement has been ratified by Austria on the one hand and, on the other hand, by four of the governments of the following Powers, that is to say, Belgium, Great Britain, France, Italy and Japan and three of the governments of the following Powers, that is to say, Greece, Poland, Portugal, Roumania, Czechoslovakia and Jugo-Slavia.
The present Agreement will come into force between the Contracting Parties who have thus ratified, from and after the date of the first proces-verbal.
Save as above provided the Agreement will come into force for each Signatory Government at the date of its notification of the deposit of its ratification.
The French Government will transmit to all the Signatory Governments a certified copy of the proces-verbaux of the deposit of ratifications.
Done at The Hague in a single copy the 20th January, 1930.
SCHOBER.
JUCH.
HENRI JASPAR.
PAUL HYMANS.
E. FRANCQUI.
PHILIP SNOWDEN.
PETER LARKIN.
GRANVILLE RYRIE.
E. TOMS.
PHILIP SNOWDEN.
PHILIP SNOWDEN.
HENRI CHÉRON.
LOUCHEUR.
N. POLITIS.
J. G. POLITIS.
A. MOSCONI.
A. PIRELLI.
SUVICH.
ADATCI.
K. HIROTA.
J. MROZOWSKI.
R. ULRICH.
TOMAZ FERNANDES.
G. G. MIRONESCO.
AL. ZEUCEANO.
Dr. EDUARD BENEŠ.
STEFAN OSUSKÝ.
Dr. V. MARINKOVITCH.
CONST. FOTITCH.