✨ Arbitral Tribunal Procedures
GENERAL RULES RELATING TO WRITTEN PROCEEDINGS.
Memorial.
- 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. - 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. - The claim, accompanied by such statement and exhibit, shall be
known and is hereinafter referred to as “the memorial.” - 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. - 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. - 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.
- 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. - The answer accompanied by such statement and exhibit shall be
known as and is hereinafter referred to as “the response.” - 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. - 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. - 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 —
NZ Gazette 1921, No 13
NZLII —
NZ Gazette 1921, No 13
✨ LLM interpretation of page content
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Rules of Procedure of the Anglo-German Mixed Arbitral Tribunal
(continued from previous page)
🌏 External Affairs & TerritoriesArbitral Tribunal, Treaty of Versailles, Claims, Procedures, Memorial, Response