THE ANGLO-AMERICAN ARBITRATION TREATY.
Fall Test of tbe Instrument.
The London Daily Chronicle was the only newspaper in tbe world to present; its readers with the contents of this momentous and epoch-making dooument the day after it was signed in Washington.
The text of the treaty is as follows :— Pbeamble.
The treaty states in the preamble the desire of the Governments of Great Britain and the United States of consolidating the relations of amity so happily existing, and of conseorafing by treaty the principle of inter-national arbitration. They have therefore concluded a treaty of which the following is the text : —
The high oontraoting parties agree to submit to arbitration, in accordance with the provisions and subjeot to the limitations of the treaty, all questions in difference between them whioh may fail to adjust themselves by diplomatic negotiations.
All peouniary claims or groups of peouniary olaims whioh do not in the aggregate exceed £100,000 in amount, and whioh do not involve the determination of territorial claims, shall be dealt with and deoided by an arbitral tribunal constituted as provided in the next following article.
In this artiolo, and in Article 4, the words " groups of pecuniary claims " mean pecuniary claims by one or more persons arising out of the same transactions or involving the same issue of law and of fact.
Each of the high contracting parties shall nominate one arbitrator, who shall be a jurist ot repute, and the two arbitrators so nominated shall within two months of the date of nomination seleot an umpire. In osse they fail to do so within a limit of time, tho umpire shall be appointed by agreement between the membors for tho time being of the Supreme Court o£ the United Bt»tes, and the members for the time being of the Judicial Committee of the Privy Council of Great. Britain, each nominating bony actine by a majority. In case they fail to agree upon an umpire wifchia three months of the date of the application being made to them in that behalf by the high contracting parties, or oither of them, the umpire Bhall be seleoted in the manner provided for in Article 10. The person so selected shall bo president of the tribunal, and the award of the majority of the members shall be final.
All pecuniary claims or groups of pecuniary claims which Bhall exceed £100,000 in
amount, and all other matters in difference in reßpect of which either of the high contracting parties shall have rights against the other under treaty or otherwise, provided such matters in difference do not involve the determination ot territorial claims, shall be dealt with and decided by an arbitral
tribunal constituted as provided in the next following article.
Any subject o£ arbitration described in Article i shall be submitted to tho tribunal provided for b^y Article 3, the award of which tribunal, if unanimous, shall be final ; if not unanimous either of the contracting parties may within six months from the date of tho award demand a review thereof. In such case tho matter in controversy shall be submitted to an arbitral tribunal comißting of fiye jurists of repute, no one of whom shall have been a member of the tribunal whose award is to be reviewed, end who shall be selected as follows — two by each of the hieh contracting parties, and one, to act as umpire, by the four thus nominated, and to be chosen within three months after the date of their nomination.
In case they fail to chooaa an umpire within the limit of time mentioned, the umpire shall bo appointed by agreement between the nominated bodies designated in Article 3, aetmg in the manner therein provided. In case they fail to agree npon an umpire within three months of the date of an application made to them by the high contracting parties or either of them, an umpire shall be selected as provided for in Article 10.
The nerson 80 selected shall be president of the tribunal, and the award of the msjority of membors shall be final.
Any controversy which shall involve the determination of territorial claims shall be submitted to a tribunal composed of six members, three of whom, subject to the provisions of Article 8. shall be Judges of the Supreme Court of the United States or Justices of Circuit Courts, to be nominated by the President of the United States ; and the other three, subject to the provisions of Article 8, shall be Judges o£ the British Supreme Court of Judicature, or members of the Judicial Committee of the Privy Connoil, to be nominated by Her Britannic Majesty, whose award by a majority of not leas than five to one shall be final.
In case of the award being made by leas than the prescribed majority, the award shall also be final unless either Power shall, within three months after the award has been reported, protest that the name ia erroneous, in which oase the a-rard shall be of no validity.
In the event of the awai-d being made by less thaa the prescribed majority, and protested against as above provided, or if the members of the arbitral tribunal shall bo equally divided, there shall be no recourse to hostile measures of any description until the mediation of one or more friendly Powers has been invited by one or both of the high contracting parties.
Objeotiona to the juiisdiction of an arbitral tribunal constituted under the treaty shall not be taken except as provided in this article.
If, before the close of the hearing upon the claim submitted to an arbitral tribunal constituted under Aiticle 8 or Article 5, either of the contracting parties shall move such tribunal to decide, and thereupon it shall decide, that the determination oE such a claim necessarily involves the decision of a disputed question of principle of grave general importance affecting the national rights of such party as distinguished from private rights, wheroof it is msroly an international representative, the jurisdiction of such arbitral tribunal over such claim shall ceaao, and the samo shall be dealt with by arbitration under Article 6.
Where the question involved concerns a particular State or territory of the United States, the President may appoint a judicial officer of such State or territory to be one of the arbitrators. Where the question involved concerns a British colony jor posaeasession, Her Majesty may appoint a judioial officer of such colony or possession to be one of the arbitrators.
Territorial claimß in the treaty Bhall include all claims to territory and all other claimß involving questions of servitude, rights of navigation, and of ecceas to fisheries, and all rights and interests necessary to the control and enjoyment of territory claimed by either of the high contracting parties.
If, in any case, the nominating bodies designated in Articles 3 and 5 shall fail to ogroa upon an umpire, the umpire shall be appointed by His Majesty the King of Sweden and Norway.
Either of the high contracting parties may at any time givo notice to the other that by reason of material changes in the conditions as existing at the date of the treaty, it it of opinion that — [we regret that owing to an accident we are not able to supply this caveat, but the oontext seems to indicate the right to withdraw the treaty.]
Thiß artiolo provides for each Government paying its ovrn counsel and arbitrators, but in the cose of an essential matter ot difference submitted to arbitration it is right of one o£ the part es to receive disavowals ot or apologies for acts or defaults of the othor, not resulting in substantial injury. The arbitral tribunal finally disposing of the matter shall direct whether any of the expenses of the auoooesful party ■hall be borne by the unsuccessful party, and to what extent.
The time and place of the meeting of the arbitral tribunal and all arrangements for the hearing and all questions of procedure shall ba deoided by the tribunal itself.
This article also provides for the keeping of a record and employing of agent, etc, and itipulatos that the deoiiion of the tribunal ia»ll, if passible, bt made within
three months from the olose of the arguments on both|sides, and shall be in writing and dated and signed by the arbitrators who assent to it,
Thii treaty shßll remain in force for five years from the date it shall come into operation, and, farther, until the expiration of twelve months after either of the the high contracting parties shall have given notioo to the other of its wiah to terminate it.
The treaty shall be ratified by the President of the United States and Her Majesty the Queen of Gnat Britain and Ireland, and the exchange of ratifications shall take plaoe in Washingtou or London within six months of the date hereof, or earlier if possible.
Permanent link to this item
Wanganui Herald, Wanganui Herald, Volume XXXI, Issue 9093, 9 March 1897
THE ANGLO-AMERICAN ARBITRATION TREATY. Wanganui Herald, Volume XXXI, Issue 9093, 9 March 1897
Using This Item
See our copyright guide for information on how you may use this title.