✨ Arbitral Tribunal Procedures




Feb. 10.] THE NEW ZEALAND GAZETTE. 457

  1. (a.) If the Respondent objects to the jurisdiction of the Tribunal to
    entertain the claim or any part thereof he shall specifically take such objec-
    tion in his answer, and the Tribunal may, if it thinks fit, consider and decide
    the point before further dealing with the case.

(b.) If the Tribunal should be of opinion that under the provisions of
the Treaty its jurisdiction may be excluded, or, if a Respondent objects to
the jurisdiction of the Tribunal to entertain the claim or any part thereof,
the Tribunal may, if it thinks fit, require the party raising this objection to
satisfy the Tribunal that its jurisdiction is excluded, or may require evidence
on the point to be forthcoming from an expert of the law of the country
concerned, or may make such other order as may seem just, and may, if it
thinks fit, adjourn the case until such evidence has been obtained or until
the order has been carried out.

(c.) It shall be the duty of the respective Government Agents to inform
the Tribunal if they have grounds for believing that the jurisdiction of the
Tribunal is excluded.

Reply and Rejoinder.

  1. If the Claimant desires merely to deny the facts alleged in the response it is not necessary for him to present a reply; but, if the Claimant
    desires to answer the facts alleged in the response otherwise than by way
    of denial, a reply must be sent to the Tribunal within thirty days from the
    receipt of the response by the Claimant, who shall with the reply supply
    six copies thereof to the Tribunal. The Secretariat will acknowledge receipt
    thereof to the Claimant, and will transmit one copy of the reply to the
    Respondent, who shall acknowledge the receipt thereof to the Secretariat,
    and one copy to each of the Government Agents. Except in such cases no reply shall be allowed.

If the Respondent desires merely to deny the facts alleged in the reply
it is not necessary for him to present a rejoinder; but, if the Respondent
wishes to answer the facts alleged in the reply otherwise than by way of
denial, a rejoinder must be presented to the Tribunal within thirty days
from the receipt of the reply by the Respondent, who shall with the rejoinder
supply six copies to the Tribunal. The Secretariat will acknowledge the
receipt thereof to the Respondent, and will transmit one copy of the rejoinder
to the Claimant and one copy to each of the Government Agents.

Except in such cases no rejoinder shall be allowed, and no further written
proceedings after the rejoinder shall be allowed, other than the written argu-
ment provided for by Rule 28, except by special leave of the Tribunal.
The provisions of Rule 6 shall apply to the reply and to the rejoinder.

JOINT CLAIMS AND JOINDER OF PARTIES.

  1. Where two or more persons are jointly interested in the same claim
    they shall present a joint claim, and where the relief sought is sought against
    two or more persons jointly the claim shall be made against them jointly.

  2. (a.) If the Respondent contends that any person not joined as Claim-
    ant ought to be so joined in accordance with the preceding rule, he may
    within twenty days of receipt of the memorial send in, in duplicate, a notice
    to the Secretariat naming such person, and requiring the Claimant to join
    such person as Claimant, and stating the reason why he requires such joinder.
    The Secretariat will forward such notice to the Claimant, who shall within
    thirty days from the receipt thereof state whether he consents to and will
    effect such joinder, in which case all proceedings shall be stayed until it is
    effected, or whether he refuses or is unable to effect such joinder, stating
    his reasons for such refusal or inability.

(b.) If the Claimant consents to and is willing to effect such joinder the
written consent of the person to be joined shall be sent to the Tribunal
within twenty-one days, and the Secretariat shall thereupon amend the
memorial by adding the names of such person as Claimant, and notice of
such joinder will be sent to the Respondent and the Government Agent of
the Claimant and Respondent, and all further proceedings shall be con-
tinued as if such joinder had been made from the commencement.

(c.) If the Claimant fails to answer the notice as provided by Rule 17 (a)
or refuses or states that he is unable to effect such joinder, or if the written
consent is not sent as provided by Rule 17 (b), notice thereof shall be given
by the Secretariat to the Respondent, who may within ten days apply to
the Tribunal to stay all proceedings until such joinder be effected. The
Secretariat shall give notice of such application to the Claimant, and such
application shall be heard by the Tribunal on a date of be fixed by the
Tribunal not less than fourteen days after notice of such application has
been sent to the Claimant.

  1. If the Tribunal is satisfied that any person refuses to join as
    Claimant, although he ought to join, the Tribunal may allow the case to


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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)

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Arbitral Tribunal, Treaty of Versailles, Claims, Procedures, Memorial, Response