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convention of October 18, 1907, for the pacific settlement of international disputes and to the arbitration convention concluded by the two Governments on April 4, 1908, and subsequently renewed, submitted to arbitration certain claims of Norwegian subjects against the United States arising out of requisitions by the United States Shipping Board Emergency Fleet Corporation. It was provided in Article I of the agreement that one arbitrator should be appointed by the President of the United States, one by His Majesty the King of Norway, and the third was to be selected by mutual agreement of the two Governments, or if the two Governments were unable to agree within one month from the date of exchange of ratifications of the agreement in naming the third member of the tribunal, then the third member should be named by the President of Switzerland. The arbitrator selected for the United States was the Hon. Chandler P. Anderson. His excellency Mr. Benjamin Vogt was selected by the King of Norway. The two Governments not having agreed on a third arbitrator, the President of Switzerland designated Mr. James Vallotton to act in that capacity. The tribunal assembled at The Hague on July 22, 1922. The United States was ably represented before the tribunal by the Hon. William C. Dennis as agent for the United States, and the Hon. George Sutherland, now Associate Justice of the United States, as counsel.

The special agreement submitting the claims to arbitration provided that the tribunal should examine and decide the claims in accordance with the principles of law and equity and determine what sum should be paid in settlement of each claim, and that the decision of the tribunal should be accepted as final and binding on the two Governments. The agreement provided further that any amounts granted by the award should bear interest at the rate of 6 per cent per annum from the date of the rendition of the decision until the date of payment.

The award was made October 13, 1922, directing the United States to pay to the Kingdom of Norway in satisfaction of 15 claims a total of $11,955,000, and permitting the United States to retain the sum of $22,800, suggesting that this latter amount be paid to Page Bros., American citizens, whose claim was submitted to the tribunal by the following provisions of the special agreement of June 30, 1921:

The tribunal shall also examine any claim of Page Bros., American citizens, against any Norweigan subject in whose behalf a claim is presented under the present agreement, arising out of a transaction on which such claim is based, "and shall determine what portion of any sum that may be awarded to such claimant shall be paid to such American citizens in accordance with the principles of law and equity.

I have the honor to request that you recommend to the Congress that an appropriation be made to satisfy the award rendered against the United States, with interest to the date of payment, and that in making the appropriation authorization be granted to withhold from the total amount awarded the sum of $22,800 with which to pay the claim of Page Bros., mentioned in the agreement of June 30, 1921, and in the award of the tribunal.

Respectfully submitted.

DEPARTMENT OF STATE,

Washington, January 11, 1923.

CHARLES E. HUGHES,

[Permanent Court of Arbitration, The Hague.]

AWARD OF THE TRIBUNAL OF ARBITRATION BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF NORWAY UNDER THE SPECIAL AGREEMENT OF JUNE 30TH, 1921.

Whereas the United States and the Kingdom of Norway are Parties to the Convention for the Pacific Settlement of International Disputes signed at The Hague, on October 18, 1907, which replaced by virtue of Article 91 thereof as between the contracting powers the original Hague Convention of July 29, 1899;

Whereas the United States and Norway signed on April 4, 1908, a general Arbitration Convention in which it was agreed:

"ARTICLE II.

In each individual case, the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States by and with the advice and consent of the Senators thereof "; Whereas it is common ground that this general Arbitration Convention is still in full force and effect;

Whereas in pursuance of all the foregoing, by a special Agreement concluded on the 30th of June 1921, and ratified on the 22nd of August 1921

the United States of America

and

His Majesty the King of Norway

"desiring to settle amicably certain claims of Norwegian subjects against the United States arising, according to contentions of the Government of Norway, out of certain requisitions by the United States Shipping Board Emergency Fleet Corporation;

"Considering that these claims have been presented to the United States Shipping Board Emergency Fleet Corporation and that the said corporation and the claimants have failed to reach an agreement for the settlement thereof;

"Considering, therefore, that the claims should be submitted to arbitration conformably to the Convention of the 18th of October, 1907, for the pacific settlement of international disputes and the Arbitration Convention concluded by.the two Governments April 4, 1908, and renewed by agreements dated June 16, 1913 and March 30, 1918 respectively;

"Have appointed as their plenipotentiaries, for the purpose of concluding the following Special Agreement:

"The President of the United States of America: CHARLES E. HUGHES, Secretary of State of the United States; and

"His Majesty the King of Norway: Mr. HELMER H. BRYN, His Envoy Extraordinary and Minister Plenipotentiary at Washington; "Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed on the following articles:

ARTICLE I.

"The Arbitral Tribunal shall be constituted in accordance with Article 87 (Chapter IV) and Article 59 (Chapter III) of the said Convention of October 18, 1907, except as hereinafter provided, to wit: "One Arbitrator shall be appointed by the President of the United States, one by His Majesty the King of Norway, and the third, who shall preside over the Tribunal, shall be selected by mutual agreement between the two Governments. If the two Governments shall not agree within one month from the date of the exchange of ratifications of the present agreement in naming such third Arbitrator, then he shall be named by the President of the Swiss Confederation, if he is willing.

"The tribunal shall examine and decide the aforesaid claims in accordance with the principles of law and equity and determine what sum if any shall be paid in settlement of each claim.

"The tribunal shall also examine any claim of PAGE BROTHERS, American citizens, against any Norwegian subject in whose behalf a claim is presented under the present Agreement, arising out of a transaction on which such claim is based, and shall determine what portion of any sum that may be awarded to such claimant shall be paid to such American citizens in accordance with the principles of law and equity.

ARTICLE II.

"As soon as possible, and within five months from the date of the exchange of ratifications of the present Agreement, each Party shall present to the Agent of the other Party, two printed copies of its case (and additional copies that may be agreed upon) together with the documentary evidence upon which it relies. It shall be sufficient for this purpose if such copies and documents are delivered at the Norwegian Legation at Washington or at the American Legation at Christiania, as the case may be, for transmission.

"Within twenty days thereafter, each Party shall deliver two printed copies of its case and accompanying documentary evidence to each member of the Arbitral Tribunal and such delivery may be made by depositing these copies within the stated period with the International Bureau at The Hague for transmission to the Arbi

trators.

"After the delivery on both sides of such printed case, either Party may present, within three months after the expiration of the period above fixed for the delivery of the case to the agent of the other Party, a printed counter-case (and additional copies that may be agreed upon) with documentary evidence, in answer to the case and documentary evidence of the other Party, and within fifteen days thereafter shall, as above provided, deliver in duplicate such counter-case and accompanying evidence to each of the Arbitrators. "As soon as possible and within one month after the expiration of the period above fixed for the delivery to the agents of the counter-case, each Party shall deliver in duplicate to each of the Arbitrators and to the Agent of the other Party a printed argument (and additional copies that may be agreed upon) showing the points relied upon in the case and counter-case, and referring to the docu

mentary evidence upon which it is based. Delivery in each case may be made in the manner provided for the delivery of the case and counter-case to the Arbitrators and to the Agents.

"The time fixed by this Agreement for the delivery of the case, counter-case, or argument, and for the meeting of the Tribunal, may be extended by mutual consent of the Parties.

ARTICLE III.

"The Tribunal shall meet at The Hague within one month after the expiration of the period fixed for the delivery of the printed argument as provided for in Article II.

The Agents and Counsel of each Party may present in support of its case oral arguments to the Tribunal, and additional written arguments, copies of which shall be delivered by each Party in duplicate to the Arbitrators and to the Agents and Counsel of the other Party.

"The Tribunal may demand oral explanations from the Agents of the two Parties as well as from experts and witnesses whose appearance before the Tribunal it may consider useful.

ARTICLE IV.

"The decision of the Tribunal shall be made within two months from the close of the arguments on both sides, unless on the request of the Tribunal the Parties shall agree to extend the period. The decision shall be in writing.

"The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal.

"The language in which the proceedings shall be conducted shall be English.

"The decision shall be accepted as final and binding upon the two Governments.

"Any amount granted by the award rendered shall bear interest at the rate of six per centum per annum from the date of the rendition of the decision until the date of payment.

ARTICLE V.

"Each Government shall pay the expenses of the presentation and conduct of its case before the Tribunal; all other expenses which by their nature are a charge on both Governments, including the honorarium for each Arbitrator, shall be borne by the two Governments in equal moieties.

ARTICLE VI.

"This Special Agreement shall be ratified in accordance with the constitutional forms of the contracting Parties and shall take effect immediately upon the exchange of ratifications, which shall take place as soon as possible at Washington."

Whereas, for the purpose of carrying out this Agreement, the two Governments have respectively appointed as Arbitrators:

The Government of the United States:

The Honorable CHANDLER P. ANDERSON, Arbitrator AmericanBritish Claims Arbitration Tribunal;

The Government of the Kingdom of Norway:

His Excellency Mr. BENJAMIN VOGT, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Norway;

Whereas at the request of the two Governments, the President of the Swiss Confederation has named as third Arbitrator and PresiIdent of the Tribunal:

Mr. JAMES VALLOTTON, Docteur en droit, Member of the Bar of Lausanne, Associate of the Institut de Droit International;

Whereas the two Governments have appointed as Agents: The Honorable WILLIAM C. DENNIS, for the United States; Captain C. FRÖLICH HANSSEN, for the Kingdom of Norway, assisted by the following Counsel:

for the United States:

The Honorable GEORGE SUTHERLAND, formerly United States Senator, Counsel,

Mr. STANLEY H. UDY, formerly Assistant Solicitor Department of State, Associate Counsel,

for the Kingdom of Norway:

The Honorable WALTER L. FISHER, formerly Secretary of Interior of the United States, Counsel,

Mr. EDWARD B. BURLING, lawyer, Counsel,

Mr. GEORGE RUBLEE, lawyer, Counsel,

Mr. DEAN G. ACHESON, lawyer, Counsel,

Mr. OLE ROED, Barrister of Supreme Court of Norway, Counsel, Mr. JOHAN BREDAL, formerly Minister of Justice of Norway, Government Solicitor ad hoc, Counsel,

Mr. TRYGGVE SAGEN, Chairman of the Christiania Group of Norwegian shipowners, Counsel;

Whereas the Agents of the Parties to the said Agreement of June 30, 1921 have duly and in accordance with the terms of the Agreement communicated to the Tribunal their cases, counter-cases, printed arguments and other documents:

Whereas Counsel and Agents for the Parties have fully presented to this Tribunal their oral arguments in the sittings held between the first assembling of the Tribunal on July 22nd and September 1st 1922,

And whereas the two Parties have agreed on September 1st, 1922 to an extension until February 1st 1923 of the period of two months provided for by Article IV of the Special Agreement for rendering the Award;

Whereas the arguments have been closed on the 11th of October 1922,

And whereas according to Article I of the Special Agreement the Tribunal shall "determine what sum if any shall be paid in settlement of each claim of Norwegian subjects against the United States" and shall also "examine any claim of PAGE BROTHERS, American citizens, against any Norwegian subject in whose behalf a claim is presented under the present Agreement, arising out of a transaction in which such claim is based, and shall determine what portion of any sum that may be awarded to such claimant shall be paid to such American citizens";

Whereas, generally speaking, the principal facts and contentions of the Parties with regard to the fifteen Norwegian claims being the same, it is possible and advisable to embrace these several inde

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