Page 31 - The Persian Gulf Historical Summaries (1907-1953) Vol III_Neat

27

more persons not being more than three persons) constituted on the occasion of
each Reference, as follows, that is to say: —
(i) each of the parties hereto shall be at liberty to appoint one person as
its own Representative as a Member on the Tribunal provided such
appointment if theretofore not voluntarily made be made within sixty
days from the delivery of a request in writing so to do by one party to
the other;
(ii) failing any such appointment the British Political Resident for the time
being in the Persian Gulf may appoint a Representative for the party
so failing as aforesaid to appoint its Representative;
(iii) should the British Political Resident fail to appoint a Representative
within thirty days after being requested so to do, the Representative
who has been appointed shall be and shall act on behalf of both parties
as the sole Member of the Tribunal in the Reference before it and the
provisions hereinafter contained for the appointment of President
shall not have any relation to the Reference to such sole Representative
and the Award of such sole Representative shall be as binding on both
parties as if he had been appointed sole Representative by mutual
consent;
(iv) in the event of two Representatives being duly appointed they shall
appoint a third party to act as President of the Tribunal on the
Reference before it but if such appointment shall not for any reason
be made within sixty days of the date of the appointment of the
Representative lastly appointed the Lord Chief Justice of England for
the time being may be called upon by either one or both of the parties
to appoint a President;
(v) if either of the said Representatives appointed as aforesaid refuses to act
or becomes incapable of acting or dies, the party who appointed him
shall appoint someone in his stead and if such further appointment
shall not take place within sixty days after such refusal, incapacity or
death as aforesaid, the Reference to the Tribunal shall commence or
proceed, as the case may be, before the remaining Representative and
President (if one shall have been appointed) provided that in the event
of such remaining Representative and President disagreeing, the
decision of the Representative shall prevail and alone be taken into
account;
(vi) should a President refuse to act or become incapable of acting or die the
said Lord Chief Justice of England shall appoint another President in
his stead.
(6) The decision of the Tribunal shall in the case of a sole Representative or
in the case of a Representative and a President disagreeing, be the decision of the
Representative and in the event of there being the President with two Representa­
tives, such decision shall where it is not unanimous be that of the majority of such
President and Representatives.
(c) Except where herein otherwise provided the procedure of the Tribunal
shall be that laid down by the Tribunal for the purposes of dealing with the
Reference or References before it.
(d) The parties may be represented by agents or officials and they may have
the assistance of counsel or other advocates before the Tribunal.
(e) The procedure shall consist of two parts, written and oral; (i) the written
proceedings shall consist of the communication to the Tribunal and to the parties
of Cases, Counter-cases and if necessary Replies; also all papers and documents in
Support; (ii) these communications shall be made through the person and in the
order and within the time fixed by the Tribunal; (iii) a certified copy of every
document produced by one party shall be communicated to the other party; (iv) the
oral proceedings shall consist of the hearing by the Tribunal of witnesses,
experts, agents, counsel and other advocates.
(/) The parlies and all persons claiming through them respectively shall submit
to be examined by the Tribunal in relation to the matters in dispute and shall
subject as aforesaid produce before the Tribunal all books, deeds, papers, accounts,
writings and documents within their possession or power respectively which may be
required or called for and do all other things which during the proceedings on the
Reference the Tribunal may require.
46467 E 2