Page:United States Statutes at Large Volume 62 Part 2.djvu/522

 stated in its Memorial, may explain such alleged bases in the light of the evidence filed with the Answer. There may be filed with the Reply only such evidence as is strictly in rebuttal to evidence filed with the Answer and as does not present any new bases of claim. Any such evidence filed which is not strictly in rebuttal to the evidence filed with the Answer shall be entirely disregarded in deciding the case. Counter-Reply. Fourth. Within six months from the date of the receipt of the Reply of the Government of Norway, the Agent for the Government of the United States of America may, if he so desires, file a Counter- Reply, which Counter-Reply shall be strictly limited to answering contentions advanced in the Reply. There may be filed with the Counter-Reply only such evidence as is strictly in rebuttal to evidence filed with the Reply. Any such evi- dence filed which is not strictly in rebuttal to the evidence filed with the Reply shall be entirely disregarded in deciding the case. It is understood that no evidence may thereafter be submitted in support of or in defense of the claim, either during the period of its diplomatic consideration or during its possible adjudication. BrieL Fifth. Within six months from the date of the receipt of the Counter-Reply of the Government of the United States of America, the Agent for the Government of Norway shall file with the Agent for the Government of the United States of America a legal Brief in which the Claimant Government shall set forth with clarity and fullness all its contentions with respect to the factual bases of the claim as already developed and the law applicable thereto. Reply Brief. Sixth. Within six months from the date of the receipt of the Brief of the Government of Norway, the Agent for the Government of the United States of America shall file with the Agent for the Government of Norway a Reply Brief in which the Respondent Government shall set forth with clarity and fullness all its conten- tions with respect to the factual defenses of the claim and the law applicable thereto. It is declared to be the purpose of this Article to require a full, systematic and fair development of all the facts and law of the case for consideration by the two Governments and, if necessary, by the tribunal or tribunals. ARTICLE II Referenc of caseto In the event that the two Governments shall be unable to agree U.S. Court of Claims. upon a disposition of the claim, or any portions thereof, within the six months next succeeding the filing of the Reply Brief of the Gov- ernment of the United States of America, the pleadings thus ex- changed shall be referred to the Court of Claims of the United States of America for a decision on the claim or any such unsettled portions thereof, it being clearly understood, however, that in no event shall the issues of the case, either factual or legal, or the contentions of either party, as submitted to diplomatic discussion, be changed in character, or the written record above described augmented in any manner in the event that the claim shall be so referred to the Court of Claims for adjudication. 1800 TREATIES [62 STAT.

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