Rules of Procedure , Dated AUGUST 18, 1921, OF THE MIXED ARBITRAL TRIBUNAL BETWEEN THE BRITISH EMPIRE AND HUNGARY, CONSTITUTED UNDER ARTICLE 239 OF THE TREATY OF TRIANON.
|Publication Date:||January 01, 1921|
(iii) Mixed Arbitral Tribunal RulesRULES OF PROCEDURE, DATED AUGUST 18, 1921, OF THE MIXED ARBITRAL TRIBUNAL BETWEEN THE BRITISH EMPIRE AND HUNGARY, CONSTITUTED UNDER ARTICLE 239 OF THE TREATY OF TRIANON.
[These Rules (S.R. & O. 1921, p. 971) are printed as amended by Rules, dated November 15, 1930 (S.R. & O. 1930 (No. 1050) p. 1384).]
The Mixed Arbitral Tribunal between the British Empire and Hungary established by virtue of Article 239 of the Treaty of Peace between the Allied and Associated Powers and Hungary, signed at Trianon on June 4th, 1920, and which came into force on July 26th, 1921, in pursuance of paragraph 2 of the Annex to the said Article, hereby adopts the following Rules of Procedure.
1. The Headquarters of the Tribunal are fixed at 21, St. James's Square, London, S.W.1.
2. The sittings of the Tribunal will be held at such places and times as the President may determine.
LANGUAGE OF PROCEEDINGS
3. All the proceedings of the Tribunal shall be conducted in the English language.
INSTITUTION OF PROCEEDINGS
4. The jurisdiction of the Tribunal may be invoked by a claim in writing addressed to the Tribunal and delivered by post or otherwise at the Headquarters.
TIME FOR CLAIMS
5. Claims may be delivered to the Tribunal on and after the first day of September, 1921.
Subject to the provisions of Rules 106 and 107, the Tribunal may refuse to entertain any claim which is not delivered before the end of the year 1922 unless—
(a) it is delivered under Article 232 of the Treaty within nine calendar months from the date when the person interested first knew of the damage or injury to property rights or interests in respect of which the Claim is made or from the date on which he first knew that restitution under paragraph (f) of that Article had been, or would not be, made and in any case not later than the 31st day of March, 1931;(a)
or (b) the Claim is delivered under Article 240 of the Treaty within nine calendar months from the date on which the party interested first obtained knowledge of the decision in question;
or (c) the substance of such claim has been notified to the British or Hungarian Clearing Office in intended pursuance of the provisions of the Treaty and a minute sufficiently identifying the same has been lodged with the Tribunal by such Clearing Office or by the Claimant before the end of the year 1922 and the Claim is delivered to the Tribunal within six calendar months of the date on which the Claimant received either (i) notice from such Clearing Office of the rejection of the Claim by the other Clearing Office concerned or of the inability of the Clearing Offices to deal with or dispose of the subject-matter of the same; or (ii) notice from the Tribunal that unless such Claim is delivered to the Tribunal within six calendar months from the date of the receipt thereof the Claimant will be precluded from prosecuting the same before the Tribunal;
or (d) the Tribunal having regard to the particular circumstances of the case is of opinion that it ought to entertain the Claim.
(a) Rule 5 (a) as amended by S.R. & O. 1930 No. 1050.
JOINDER OF CLAIMANTS
6. All persons may be joined in one Claim as Claimants in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist and judgment may be given for such one or more of them as may be found to be entitled to relief, provided that if it appear that such joinder may embarrass or delay the trial the Tribunal may order separate trials or make such other order in reference to the joinder as may be expedient.
JOINDER OF DEFENDANTS
7. All persons may be joined as Defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative, and judgment may be given against such one or more of them as may be found to be liable according to their respective liabilities.
JOINDER OF GROUNDS OF CLAIM
8. Several distinct grounds for invoking the jurisdiction of the Tribunal may be united in one Claim but if it appears that they cannot conveniently be disposed of together the Tribunal may order such separate trials or make such other order as may be expedient for the separate disposal thereof.
9. The Claim shall contain:—
(a) A statement of the parties, including (except in the case of Governments), so far as known to the Claimant, their full names, addresses, occupations, or descriptions, together with, in the case of individuals, their nationality and place of domicile, and, in the case of corporations, the country under the laws of which they are constituted.
In the case of unincorporated partnerships, companies, or associations, the names, addresses, occupations, or descriptions, nationality and place of domicile of all the members shall be stated, but the firm, or other collective, name, may subsequently be used for convenience of reference.
(b) Where a party sues or is sued in a representative capacity a statement showing the particular capacity in which he sues or is sued.
(c) A summary statement of the material facts on which the Claimant relies sufficiently precise to apprise the Tribunal and the Defendant of the exact nature of the allegations on which the Claimant bases his claim to relief.
(d) A sufficient indication of the particular provision or provisions of the Treaty and of any law or jural principle upon which the Claimant relies.
(e) A precise statement of the relief claimed, showing the extent, if any, to which it is claimed alternatively.
(f) The name and address of the solicitor or other agent, if any, of the Claimant.
(g) The address to which the Claimant desires that communications intended for him in or in relation to the matter of his Claim shall be sent.
(h) The signature of the Claimant or his agent.
10. The Claim must be divided into paragraphs numbered consecutively.
11. The Claim shall be accompanied by an Annex, consisting of copies of all documents, or the material portions thereof, on which, or on matters recorded in which, the Claim is grounded.
12. The Claim and Annex, when delivered to the Tribunal, shall be accompanied by copies of the same for each of the three members and the two Government Agents and for the Defendant, or each of the Defendants where there are more than one.
RECEIPT OF CLAIM
13. On delivery of a Claim accompanied as aforesaid the Secretary will seal it with the seal of the Tribunal and attest the date of its receipt thereon, and will also add at the commencement thereof the date of the year, a capital letter and a number as a distinguishing feature for the purposes of reference.
The Secretariat will also give an acknowledgment of the receipt of the Claim to the Claimant or his agent.
SECURITY FOR COSTS
14. As soon as practicable after the receipt of the Claim the Tribunal will inform the Claimant of the amount which he is required to deposit on account of costs and expenses of the proceedings in the cause which he may be ordered to pay and of the time within which such deposit must be made.
The amount, which will not be less than five pounds nor more than five hundred pounds, will be determined according to the nature and importance of the cause and the expenditure which is likely to be involved thereby.
If in the course of the proceedings the sum deposited shall appear to the Tribunal to be insufficient it may at any time or times order the payment in of such further sums on the same account without regard to the said limit of five hundred pounds as it may think proper.
These payments may be made to the account of the Tribunal at the London County Westminster and Parr's Bank, Limited, 1, St. James's Square, London, S.W.1, or the Royal Hungarian State Institute for Currency Notes, Budapest.
If any such sum is not deposited within the time ordered the Tribunal may dismiss the Claim, stay further proceedings thereon, or make such other order as it thinks just.
These provisions apply to a Defendant who delivers a Counterclaim and to a party who is allowed at his own request to intervene as Claimant in a cause.
SERVICE OF CLAIM
15. When the Claimant has duly made the deposit referred to in the last preceding Rule, the Secretariat will forward by registered post to the Defendant at the address mentioned in the Claim a copy sealed with the seal of the Tribunal of the Claim and the Annex, together with a form for the acknowledgment by the Defendant of the receipt of the same and a Notice that he must deliver his Answer to the Claim within sixty days after its service upon him.
16. Where the address of the Defendant is not stated in the Claim or it appears that service on him of the documents specified in the last preceding Rule has not been or cannot be effected by means of the post, the Secretariat shall require the Agent of the Government of the Defendant, and it shall thereupon become the duty of that Agent, to take such steps for the purpose of bringing the Claim to the notice of the Defendant as may be proper according to the laws and usages of the place in which he is believed to be, and thereafter as soon as may be to make a report to the Secretariat of the steps which he has taken in the matter and their result, if any.
17. In the case of a requirement made in accordance with the provisions of the last preceding Rule upon a Government Agent such date, if any, as shall be fixed by the Tribunal, shall be deemed to be and to be included in the expression "the date of the service of the Claim" upon the Defendant.
DEFENDANTS UNDER DISABILITY
18. Where an infant is a Defendant, service of proceedings on his father or guardian, or if none, on the person with whom the infant resides or under whose care he is, will be deemed good service on the infant unless the Tribunal otherwise orders.
19. Where a lunatic or person of unsound mind is a Defendant service of proceedings on the person who is his committee or curator or...
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