Page:United States Statutes at Large Volume 47 Part 2.djvu/306

 1912 ARBITRATION OF CLAIMS-S'VEDEN. DECEMBER 17,1930. Vol. 36, p. 2199. \'01. 8, pp. 60, 346. Hagtle, October 18, 1907, and the Arbitration Convention between the United States of America and Sweden, signed at Washington, October 27 1928, the following questions: Firat, Whether the Government of the United States of America detained the Swedish motorship KRONPRINS GUSTAF ADOLF between June 23,1917 and July 12, 1918 and the Swedish motorship PACIFIC between July 1, 19i7 and JJy 19, 19l.8, in contravention of the Swedish-American Treaties of April 3, 1783 and July 4, 1827. Second, Whether1 if the first question be decided in the affirmative, the Government 01 the United States of America is liable to the Government of Sweden in behalf of the owners of the motorships fol' dama~ resulting from such unlawful detention; and TlI:t'rd, Should the reply be in the affirmative what pecuniary reparation is due to the Government of Sweden on behalf of the owners of the motorships above mentioned. AlmCLE II 1Il=~ to sole The questions stated in Article I shall be submitted for a decision to a sole arbitrator who shall not be a national of either the United States of America. or Sweden. In the event that the two Govern- ments shall be une.ble to agree upon the selection of a sole arbitrator Reco to pedal within two months from the date of the coming into force of this tribunal~ g Agreement they shall proceed to the establishment of a Tribunal consistil!g of three members, one desi~ated by the President of the United States of America one by HiS Majesty the ~ of Sweden, and the third, who shaii preside over the Tribunal, selected by mutual ~ment of the two Governments. None of the members of the Tnbunal shall be a national of the United States of America or of Sweden. Procedure. AlmCLE m The dure in the arbitration shall be as follows: (1) Within ninety days from the date of the exchange of ratifica- tions of this Agreement, the agent for the Government of Sweden shall present to the Agent for the Government of the United States of America a statement of the facts on which the Government of Sweden rests the claim against the United States of,America., and the demand for indemnity. This statement shall be accompanied by the evidence in support of the allegations and of the demand made; (2) Within a like period of ninety days from the date on which this Agreement becomes effective, as aforesaid, the Agent for the Government of the United States of America shall present to the ~t for the Government of Sweden at Was~n a statement of facts relied upon by the Government of the United: States of America together with evidence in support. (3) Within si~ days from the date on which the exch~ of statements provided for in paragraphs (1) and (2) of this Article is completed each A~t shall present in. the manner prescribed by paragraphs (1) and (2) an answer to the statement of the other together with any additional evidence and such argument as they desire to submit. AlmCLE IV m=:r1ot°Ar~i= When the development of the record is completed in accordance etc. ' with Article m hereof, the Government of the United States of America and the Government of Sweden shall forthwith cause to be forwarded to the International Bureau at The Hague, for trans- mission to the Arbitrator or Arbitrators, as the case may be, three complete sets of the statements, answers, evidence and arguments presented by their respective Agents to each other.