458

THE NEW ZEALAND GAZETTE.

[No. 13

proceed without such joinder, but in that case the Tribunal may refuse to
entertain any claim in the future by such person with respect to the subject-
matter of the claim in the presenting of which he ought to have joined.

19. If any person proceeds against some only of the persons jointly
    liable to him on the same claim, and the Tribunal decides the case, whether
    in favour of or against the Claimant, the Tribunal may refuse to entertain
    any claim in the future by such person against the other person or persons
    so jointly liable.

20. (a.) If a Respondent contends that some other person who is not
    joined as Respondent is jointly liable with him to answer the claim, he
    may within twenty days after the receipt of the memorial send a notice
    to the Secretariat that he requires such person to be joined as Respondent,
    giving his name and address, and stating the reasons why he requires him
    to be joined; and with such notice shall send a sufficient number of copies
    to enable the Secretariat to send one to the Claimant and to each of the
    persons whom the Respondent requires to be joined. The Secretariat will
    thereupon send such notice to the claimant and to each of the persons named
    by the Respondent, and the Claimant and each of the said persons shall
    reply within ten days whether they consent to such joinder or not. In
    the event of the Claimant and each of such persons consenting to the joinder,
    the Secretariat will amend the memorial by adding them as parties, and
    the Claimant shall cause copies of the memorial to be served on each of such
    persons, and all future proceedings shall be continued as if such joinder
    had been made from the commencement.

(b.) If either the Claimant or any of such persons do not consent to
the joinder within ten days the Secretariat shall notify the Respondent
accordingly, and the Respondent 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 other person
or persons, and such application shall be heard by the Tribunal on a date
to be fixed by the Tribunal not less than fourteen days after notice of such
application has been sent to the Claimant and such person or persons as
aforesaid.

21. (a.) If any person not being a party claims to have a legitimate
    interest in prosecuting or resisting the claim he may apply to the Tribunal
    to be joined as Claimant or Respondent as the case may be, or to be
    allowed to intervene in the case in such manner as the Tribunal may direct.

(b.) If a Respondent contends that he is entitled to some right over
against some other person in reference to the claim brought against him,
he may give such person notice of his claim against him and at the same
time serve him with a copy of the memorial. Such person may thereupon
apply to the Tribunal to be joined as Respondent or to be allowed to
intervene in the case in such manner as the Tribunal may direct. If such
person does not intervene and the Tribunal should be of opinion at the
hearing that there are grounds for coming to the conclusion that the
Respondent may succeed in his claim against such person, the Tribunal
may, if it decides in favour of the Claimant, stay execution in order to
enable the Respondent to prosecute his claim against such person upon
such terms as to security and otherwise as the Tribunal may think just.

SPECIAL RULES FOR PARTICULAR CASES.

22. In addition to the above general rules, the following rules shall be
    observed in the undermentioned cases:—

(1.) Cases under Article 305.

The person alleging that he is prejudiced by the decision shall be the
Claimant, and the other party to the cause or proceeding in which the
decision was given, or, if there be no such party, the Government, shall
be Respondent. The claim shall be accompanied by a copy of the decision,
and shall state in what respect the decision is impugned, with which Sec-
tion or Sections of the Treaty it is alleged to be inconsistent, and in what
respect, and what relief is claimed. The Claimant may also accompany
his claim by copies of any essential written proceedings of the case in which
the decision was given, authenticated in the manner prescribed by the
law of the country to which the Court belongs. The Tribunal may of its
own motion require the record of the Court to be transmitted to the
Tribunal, and it shall then be open to the inspection of the parties and
their agents.

(2.) Appeals under Article 296, Annex, Paragraph 20.

The Appellant shall be Claimant, and the party in whose favour the
decision was given and the two clearing-offices shall be Respondents. The