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(L.S.) MAHMOUD NÉDIM, Ambassadeur de
Turquie. (L.S.) AUGUSTO DE SEQUEIRA THEDIM,
Chargé d'Affaires de Portugal.
CONVENTION between Great Britain and Chile, for sub
mitting to Arbitration the Claims arising out of the Civil War of 1891.-Signed at Santiago, September 26, 1893. *
[Ratifications exchanged at Santiago, April 24, 1894.]
Her Majesty the Queen of Great Britain and Ireland and his Excellency the President of the Republic of Chile, desiring to adjust amicably the claims presented by Her Majesty's Legation in Chile arising from the civil war which began on the 7th of January, 1891, have agreed to conclude a Convention for arbitration, and have for that purpose named as their respective Plenipotentiaries :
Her Britannic Majesty, John Gordon Kennedy, Esq., Her Majesty's Minister Resident in Chile; and
His Excellency the President of the Republic of Chile, Señor Don Ventura Blanco Viel, Minister for Foreign Affairs;
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles :
ART. I. A Tribunal of Arbitration shall decide, in the manner and in accordance with the terms prescribed in Article V of the present Convention, all claims for which the Government of Chile may be held responsible in view of the acts and operations executed by the land and sea forces of the Republic during the civil war which began on the 7th of January, 1891, and ended on the 28th of August of the same year, and also those claims which were caused by subsequent events, for which the Government may be held responsible under the provisions of said Article V.
The claims must be supported by Her Britannic Majesty's Legation, and must be presented within the term of six months from the date of the establishment of the Tribunal.
II. The Tribunal shall consist of three members, that is to say :
Signed also in the Spanish language.
as may, in the judgment and opinion of its members, conduce most effectually to the elucidation of the matters in dispute, and, in particular, to the establishment of the status and neutral character of the several claimants.
The Tribunal shall also adınit written and verbal statements made by either Government, or by the Agents or Counsel of either Government.
IV. Either Government may appoint an Agent with power to watch over the interests committed to his charge; to defend those interests, present petitions, documents, and interrogatories ; to state and argue points at issue; to argue in favour of the interests committed to his charge and against the opponents of those interests to tender evidence and lay before the Tribunal, personally or by Counsel, verbally or in writing (under such rules of procedure and office regulations as the Tribunal shall itself adopt at the commencement of its labours), all such legal doctrines, principles, and precedents as sball seem to him proper.
V. The Tribunal shall decide the claims according to the evidence tendered, and in accordance with the principles of international law and the practice and jurisprudence established by such analogous modern Tribunals as enjoy the greatest authority and the best reputation, and shall give its decisions, whether provisional or final, by majority of votes.
The Tribunal shall express shortly, in every final judgment, the facts and origin of each claim, the arguments alleged for and against each, and the principles of international law on which the Tribunal's decision is made to rest.
The decisions and judgments of the Tribunal shall be in writing, and shall be signed by all the members and be attested by the Secretary; the originals shall, together with the documents belonging to each, be deposited in the Chilean Ministry for Foreigu Atlairs, and copies shall be given to the parties at their request.
The Tribunal shall keep a register, in which shall be noted its proceedings, the petitions of claimants, and the judgments and decisions of the Tribuual.
The Tribunal shall sit at Santiago.
VI. The Tribunal may appoint such secretaries, reporters, and other officials as it may deem necessary for the proper discharge of its duties.
The Tribunal shall nominate the persons who are to occupy the above-mentioned offices, and shall name the salary or remuneration to be assigned to each.
The said oflicials shall be appointed by his Excellency the President of the Republic of Chile.
Such judgments of the Tribunal as are to be executed in Chile shall have the support of the Executive in the same manner as the judgments of the ordinary legal Tribunals of that country. Such judgments as are to be executed abroad shall be executed in accord. ance with the rules and usages of private international law.
VII. The Tribunal shall, for the final discharge of its duties in regard to all claims submitted to its consideration and decision, be allowed a term of one year from the date on which it shall declare itself validly constituted. When this term shall have expired the Tribunal shall have power to prolong its existence for a further period, which may not exceed six months, in case the illness or temporary incapacity of any of its members, or any other event of acknowledged gravity, may have prevented it from fulfilling the duties entrusted to it within the term fixed under the first paragraph of this Article.
VIII. Each of the Contracting Governments shall bear the expenses of its own proceedings and the remuneration of its own Agents and Counsel.
The payment of salaries to the members of the Tribunal shall commence only from the date of the commencement of their duties.
Expenses involved by the creation of the Tribunal, the remuneration of its members, the salaries of the secretaries, reporters, and other officials, and all other expenses and costs of the services rendered to both parties, shall be defrayed in moieties by the two Governments; but if any sums of money are awarded to the claimants there shall be deducted therefrom the above-mentioned common expenses and costs, in so far as they shall not exceed 6 per cent. of the total amounts to be paid by the Chilean Treasury on account of such claims respectively as may be admitted.
Sums awarded by the Tribunal to claimants shall be paid by the Government of Chile to the Government of Her Britannic Majesty through Her Majesty's Legation at Santiago, or through any person designated for the purpose by Her Majesty, within the term of one year from the date on which judgment on any claim shall have been given, but no interest shall during such time accrue to the successful claimant.
The Government of Chile will deduct from any sums paid by them in satisfaction of claims submitted to the Tribunal, whether paid by order of the Tribunal or by private arrangement, the amounts stipulated in the third paragraph of this Article, such amounts to be retained and applied towards payment of the common expenses of arbitration.
IX. The High Contracting Parties bind themselves to consider the decisions of the Tribunal established by the present Convention as affording a satisfactory, complete, and irrevocable settlement of the difficulties which it is proposed to abrogate, and to agree that all claims of subjects of Her Britannic Majesty presented, or omitted
to be presented, under the conditions laid down in the preceding Articles, shall equally be held to be finally decided, and to have been the subject of a judgment, in such a manner that for po cause or pretext can such claims ever again be examined or discussed.
X. If the High Contracting Parties do not agree respecting the Domination of an Umpire, His Majesty the King of the Belgians shall be requested to name one, and in that case the period within which the Tribunal shall commence its labours shall be six months from the date of the exchange of the ratifications of this Couvention.
XI. The present Convention shall be ratified by the High Contracting Parties, and the ratifications shall be exchanged at Santiago.
In testimony whereof the Plenipotentiaries of Chile and of Her Britannic Majesty have signed ad referendum the present Convention in duplicate in the Spanish and English languages, and have affixed thereto their seals. Done in Santiago, the 26th day of September, 1893.
(L.S.) J. G. KENNEDY. (L.S.) V. BLANCO.
AGREEMENT supplementary to the Convention concluded on
the 18th and 26th June, 1885,* concerning the Exchange of Postal Parcels between the Post Office of the United Kingdom of Great Britain and Ireland and the Post Office of Egypt.- Signed at London, November 29, and at Alexandria, December 14, 1893.
Art. I.-1. On and after the 1st of January, 1894, the postal parcels exchanged between Great Britain and Egypt under the Convention of the 18th and 26th of June, 1885, between the Post Office of the United Kingdom of Great Britain and Ireland and the Post Office of Egypt, may be insured. This provision will at the outset apply exclusively to parcels transmitted by way of Gibraltar.
2. The two Administrations shall mutually serve as intermedi. aries for the exchange of insured parcels to and from the other countries with which they respectively maintain similar exchanges. They shall communicate to each other the amount of the insurance fee to be credited in each case and the other conditions of the service.
II. The maximum amount for which parcels exchanged between the two countries may be insured is 501. sterling in the United Kingdom and 501. Egyptian in Egypt.
* Vol. LXXVI, page 61.
III. The insurance fee, which shall be paid at the same time a: the postage, shall be in the United Kingdom 2 d. for each 127. sterling, or fraction of 121., of insured value, and in Egypt one piastre for each 121. Egyptian, or fraction of 121. Egyptian, of insured value.
IV. The insurance fee for each 121. sterling or 121. Egyptian of insured value, levied on parcels posted in the United Kingdom addressed to Egypt, or posted in Egypt addressed to the United Kingdom, shall be apportioned as follows:
To the office of origin, 1d.
V. If it shall be subsequently determined to allow the insurance of parcels exchanged between the United Kingdom and Egypt by way
of France and Italy, the tuo Administrations shall fix by common consent both the amount of the insurance fees to be paid by the senders of such parcels and the apportionment of those fees.
VI. On every insured parcel sent under this Agreement the Administration of the country of origin may levy the following charges, to be paid by the sender in addition to the insurance fee provided for in the preceding articles :
1. A registration fee not exceeding 2 d., or 1 piastre, for each parcel.
2. A supplementary charge to complete the insurance of the parcel against the risks, arising from causes beyond control (force majeure), which are not covered by the insurance fee fixed in the foregoing Article III.
The registration fee and the supplementary insurance fee shall be retained by the office which levies them; and the office levying the latter fee on any parcel is alone liable to give compensation for loss or damage arising to that parcel from causes beyond control during the whole course of transmission.
VII. When an insured parcel is re-directed or is returned to the oflice of origin, a new insurance fee is collected from the addressee or the sender, as the case may be. So far as the relations of the two Administrations are concerned, the amount of the insurance fees on re-directed or returned parcels and the apportionment of such amount shall be regulated in the same manner as the amount and apportionment of the fees levied on other parcels passing between the two countries.
VIII. 1. Compensation for the loss or damage of insured parcels shall be paid in accordance with Article VII of the Convention of the 18th and 26th of June, 1885, but the compensation paid in the case of any one parcel shall not exceed the sum for which it has been insured.