Arbitral Tribunal Procedures




GENERAL RULES RELATING TO WRITTEN PROCEEDINGS.

Memorial.

  1. The claim shall be typewritten or printed, and shall state—
    (a.) The name, nationality, domicile, and address of the Claimant.
    (b.) In cases where the Claimant is not claiming in his own right and
    on his own behalf, in what right he claims, and the name, nation-
    aliry, domicile, and address of the person on whose behalf he is
    claiming.
    (c ) In cases where the claim is made by a company or body corporate,
    its name, nature, and domicile, and place of incorporation (if any),
    and the address of its office or chief offices ; and in cases where
    the claim is made by an association not being a company or body
    corporate (whether recognized by the law of the country where
    it is domiciled as a legal entity or not), in addition to the above,
    the names and nationality of all persons who are partners of such
    association or interested therein.
    (d.) Whether the claim is brought against a Government or national,
    and in the latter case giving the name and last known address
    of such national, or if such national be a company, body corpo-
    rate, or other association, the address of its chief office, if known,
    or, if the address of the chief office be not known, of the office
    of which the address is known to the Claimant.
    (e.) The nature of the claim, the relief sought, and, where the relief
    sought is pecuniary, the amount claimed.
    (f.) Under which article and paragraph of the Treaty the claim is made.
    (g.) The name and address of the solicitor or other authorized represen-
    tative (if any) of the Claimant.
    (h.) The person to whom, and address at which, all communications are
    to be sent on behalf of the Claimant.
  2. The claim shall be accompanied by a concise statement of the facts,
    and an exhibit of copies of any documents relied upon in support thereof.
  3. The claim, accompanied by such statement and exhibit, shall be
    known and is hereinafter referred to as “the memorial.”
  4. Six true copies of the memorial shall be supplied with the memorial.
    The memorial shall, unless otherwise agreed by the parties and permitted
    by the Tribunal, be in English; and if the memorial be not in English it
    shall be accompanied by an English translation, and at least three of the
    copies shall be copies of such translation.
  5. On receipt of the memorial and the six copies thereof the Secretariat
    will acknowledge such receipt to the Claimant, and will transmit one copy
    to the Government Agent of the Claimant and two copies of the memorial
    to the Government Agent of the Respondent. Such last-mentioned Agent
    shall acknowledge the receipt thereof to the Secretariat, and shall cause one
    copy of the memorial to be served on the Respondent.
  6. Except in cases provided for in Rule 35 (a), the receipt of the
    memorial by such Agent shall be sufficient notice to the Respondent of
    the claim made against him, and the Respondent shall, within sixty days
    after the receipt of the memorial by such Agent, present his answer to the
    Tribunal. If no answer be presented, the case may be proceeded with in
    the absence of the Respondent as provided in Rule 33.

Response.

  1. Rule 3 (a), (b), (c), (g), and (h) and Rule 4 shall apply, mutatis
    mutandis
    , to the answer; and in addition the Respondent must in his state-
    ment of facts accompanying the answer, if he desires to dispute the allega-
    tions in the memorial, expressly deny or otherwise answer or explain the
    same. Any facts not dealt with by the Respondent will be treated as
    admitted. The answer shall be accompanied by an exhibit of copies of
    documents relied on.
  2. The answer accompanied by such statement and exhibit shall be
    known as and is hereinafter referred to as “the response.”
  3. Six true copies of the response shall be supplied with the response
    to the Tribunal, and the provisions of Rule 6 shall apply to the response.
  4. On receipt of the response and the six copies thereof the Secretariat
    will acknowledge such receipt to the Respondent, and will transmit one of
    such copies of the response to the Claimant (who shall acknowledge the
    receipt thereof to the Secretariat), and one to the Government Agent of the
    Claimant, and one to the Government Agent of the Respondent.
  5. Should the Respondent desire to make a claim against the Claimant,
    he must do so by a separate claim and not by a counterclaim, but the
    Tribunal may, if it thinks fit, hear both claims at the same hearing.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1921, No 13


NZLII PDF NZ Gazette 1921, No 13





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🌏 Rules of Procedure of the Anglo-German Mixed Arbitral Tribunal (continued from previous page)

🌏 External Affairs & Territories
Arbitral Tribunal, Treaty of Versailles, Claims, Procedures, Memorial, Response