The arbitrator shall take cognizance of the claims for indemnity which have been presented to the imperial Government of Russia by the Government of the United States on behalf of the parties in interest. It is understood and agreed that this provision is to be construed as permitting the introduction on both sides into the testimony submitted to the arbitrator of any and all evidence which may have already been presented or appeared in the correspondence between the official representatives of the two high contracting powers, as well as all evidence relating to the questions in litigation. The party claimant shall present to the arbitrator, within three months from the date of the exchange of the present note with an identical one of the imperial Government of Russia, a memorandum in support of its claim, and shall hand immediately a copy thereof to the party defendant. Within three months from the date of the receipt of the said copy the party defendant shall present to the arbitrator a contramemorandum, of which it shall hand immediately a copy of the party claimant. Within three months after the receipt of such contramemorandum the party claimant may, if it sees fit to do so, present to the arbitrator a new memorandum, of which it shall hand immediately a copy to the party defendant, and the latter may also, within three months from the receipt thereof, present to the arbitrator a new contramemorandum, of which it shall hand immediately a copy to the party claimant. The arbitrator shall be authorized, at the request of either of the parties, to extend for a period of not longer than thirty days any of the intervals of time hereinabove provided for. After the exchange of memoranda as herein aforesaid no communication, either written or verbal, shall be addressed to the arbitrator, unless he shall request from the parties, or either of them, supplementary information to be given in writing. The party so giving information to the arbitrator shall hand immediately a copy of its communication to the opponent, who may, if he thinks fit to do so, present in writing to the arbitrator, within one month from the date of his receipt thereof, comments relating to the subject-matter of the said communication, and a copy of such comments shall be sent immediately to the party opponent. The arbitrator shall have authority to decide all questions that may arise in regard to procedure in the course of the arbitration. The arbitrator shall render his decisions in all the cases within six months from the date of the delivery to him of the last memorandum or contramemorandum provided for in this agreement. In his decision, which shall be communicated by him to each of the two governments interested, the arbitrator, following the general principles of international law and the spirit of international agreements applicable to the subject, shall determine as to each claim. brought against the imperial Government of Russia whether such claim is well founded; and, if he decides affirmatively, whether the facts upon which each of the said claims is based have been proven. It is understood and agreed that this stipulation shall have no retroactive force, and that the arbitrator shall apply to the cases now in litigation the principles of international law and of international agreements which were in force and binding upon the parties to this litigation at the moment when the seizures aforementioned took place. The arbitrator shall fix the amount of any indemnity to be paid by the Russian Government in respect to the claims presented by the parties in interest. If he wishes to do so without, however, lessening the obligation incumbent upon the party claimant to prove the damage suffered, the arbitrator may invite each Government to appoint a commercial expert to aid him in this capacity in fixing the amount of the indemnity. The Government of the United States declares itself ready, in exchange with a similar agreement upon the part of the imperial Government of Russia, to assume all expenses which may or shall be incurred in the presentation of its side of the case in this matter and to pay one-half of the compensation of the arbitrator for his services; also to accept as a final judgment the decision pronounced by the arbitrator within the limits of the present agreement and to submit thereto without any reservation whatsoever. Any amount awarded by the arbitrator in favor of the claimants, or either of them, shall be paid by the imperial Government of Russia to the Government of the United States within one year from the date of the award. French being recognized as the official language of the arbitration, the decision of the arbitrator should be rendered in that language. Done at St. Petersburg, August 26 (September 8), 1900, in four copies. HERBERT H. D. PEIRCE. On November 29, 1902, the arbitrator, Mr. T. M. C. Asser, rendered his award, awarding, $38,650, with interest at 6 per cent from the 9th of September, 1892, until payment, in favor of the party claimant on account of the claims presented by the parties in interest in the case of the Cape Horn Pigeon; $28,588, with interest at 6 per cent per annum from the 1st of January, 1892, until payment, in favor of the party claimant on account of claims presented by the parties in interest in the case of the James Hamilton Lewis; $32,444, with interest at 6 per cent from January 1, 1893, until payment, in favor of the party claimant on account of the claims presented by the parties in interest in the case of the C. H. White; and $1,488, with interest at 6 per cent per annum from the 12th August, 1892, until payment, in favor of the party claimant on account of the claims presented by the parties in interest in the affair of the Kate and Anna. 1904. AGREEMENT REGULATING THE POSITION OF CORPORATIONS AND OTHER Signed at St. Petersburg, June 25/12, 1904; ratification advised by [Translation.] AGREEMENT. The Government of the United States and the Imperial Russian Government having judged that it would be mutually useful to regu late the position of Corporations or Stock Companies and other Commercial Associations, industrial or financial, the undersigned, by virtue of the authority which has been vested in them, have agreed as follows: 1. Corporations or Stock Companies, and other industrial or financial commercial organizations, domiciled in one of the two countries, and on the condition that they have been regularly organized in conformity to the laws in force in that country, shall be recognized as having a legal existence in the other country, and shall have therein especially the right to appear before the courts, whether for the purpose of bringing an action or of defending themselves against one. 2. In all cases the said Corporations and Companies shall enjoy in the other country the same rights which are or may be granted to similar companies of other countries. 3. It is understood that the foregoing stipulation or agreement has no bearing upon the question whether a Society or Corporation organized in one of the two countries will or will not be permitted to transact its business or industry in the other, this permission remaining always subject to the regulations in this respect existing in the latter country. This Agreement shall go into force on the 25/12 of June 1904, and shall only be discontinued one year after its denunciation shall have been made by one of the parties to the agreement. Made in duplicate at St. Petersburg, the 25/12 day of June 1904. COUNT LAMSDORFF. [SEAL] ROBERT S. MCCORMICK. [SEAL] IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, May 6, 1909. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of an Agreement (Ex. D, 58th, 3d) between the United States and Russia to regulate the position of corporations or stock companies and other commercial associations; signed at St. Petersburg on June 25, 1904. Resolved, That the Senate advises and consents to the ratification. of the said agreement with the understanding that the regulations referred to in the third paragraph in the agreement as existing in the several countries refer to and include on the part of the United States the regulations established by and under the authority of the several States of the Union. 1906. PROTECTION OF TRADE-MARKS IN CHINA. AGREEMENT EFFECTED BY EXCHANGE OF NOTES JUNE 28, 1906. Mr. Rockhill to Mr. Pokotilow. PEKING, June 28, 1906. MR. MINISTER AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the 24449 - VOL 2-10-20 Government of Russia for the reciprocal protection against infringement in China by citizens and subjects of our respective nations of trade-marks duly registered in the United States and Russia, I am authorized by the Secretary of State of the United States to inform you that the American consular courts in China afford protection against infringement in China by American citizens of trade-marks the property of Russian subjects which have been duly registered in the United States. I beg that you will kindly inform me whether like protection will be given to American citizens in the consular courts of Russia in China against the infringement by Russian subjects of their trademarks duly registered in Russia. I have the honor to be, my dear colleague, your obedient servant, W. W. ROCKHILL. His Excellency D. POKOTILOW, Envoy Extraordinary and Minister Plenipotentiary, etc., Russian Legation, Peking. [Translation.] Mr. Pokotilow to Mr. Rockhill. PEKING, June 28, 1906. MR. MINISTER AND DEAR COLLEAGUE: I have the honor to acknowledge the receipt of your note of to-day's date by which you kindly inform me that the Government of the United States being desirous of reaching an understanding with the Imperial Government of Russia concerning the protection in China of trade-marks duly registered in Russia and the United States, you have been authorized to declare that the American consular courts in China have jurisdiction in all matters concerning the infringement by persons subject to the jurisdiction of the United States of trade-marks the property of Russian subjects which have been duly registered in the United States. Being duly authorized by my Government, I have the honor to inform you that the Imperial Government is equally ready to insure in China through the Russian consular courts protection for trademarks the property of persons subject to the jurisdiction of the United States and duly registered in Russia which may be infringed by Russian subjects. I deem it necessary, however, to observe that infringements of trade-marks not being considered by the American statutes a criminal offense persons subject to the jurisdiction of the United States having suffered injury can, through reasons of reciprocity, only claim before the Russian courts indemnification for the damages sustained by them. Please accept, Mr. Minister and dear Colleague, the assurance of my highest consideration. His Excellency W. W. ROCKHILL, D. POKOTILOW. Envoy Extraordinary and Minister Plenipotentiary, etc., SALVADOR. (FORMERLY SAN SALVADOR.) 1850." CONVENTION OF AMITY, NAVIGATION, AND COMMERCE. Concluded January 2, 1850; ratification advised by the Senate September 24, 1850; ratified by the President November 14, 1850; time for exchange of ratifications extended by the Senate September 27, 1850; ratifications exchanged June 2, 1852; exchange of ratifications consented to by the Senate April 4, 1853; proclaimed April 18, 1853. The United States of North America and the Republic of San Salvador, desiring to make lasting and firm the friendship and good understanding which happily exists between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other, by means of a treaty or general convention of peace and friendship, commerce, and navigation. For this desirable object the President of the United States of America has conferred full powers upon E. G. Squier, a citizen of the said States, and their Chargé d'Affaires to Guatemala; and the This treaty was superseded by the treaty of December 6, 1870. |