Tripartite Claims Commission (United States, Austria and Hungary) Constituted Under the Agreement of November 26, 1924 (12 April 1927 – 28 June 1929)
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REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Tripartite Claims Commission (United States, Austria and Hungary) constituted under the Agreement of November 26, 1924 (12 April 1927 – 28 June 1929) VOLUME VI pp. 191-292 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 PART II TRIPARTITE CLAIMS COMMISSION (UNITED STATES, AUSTRIA AND HUNGARY) CONSTITUTED UNDER THE AGREEMENT OF NOVEMBER 26, 1924 PARTIES: United States of America, Austria, Hungary. SPECIAL AGREEMENT: November 26, 1924. COMMISSIONER: Edwin B. Parker (United States of America). REPORT: Tripartite Claims Commission (United States, Austria and Hungary), Final Report of Commissioner and Decisions and Opinions (October 15, 1929). (U.S. Government Printing Office, Washington, 1933.) 195 HISTORICAL NOTE When the Peace Treaties of Saint-Germain-en-Laye and Trianon, concluded between the Allied Powers and Austria on September 10, 1919, and between the same Powers and Hungary on June 4, 1920, had not been ratified by the United States, special treaties between the United States and Austria and Hungary were signed at Vienna and Budapest on August 24 and August 29, 1921, respectively, in which several provisions of the Treaties of Saint-Germain and Trianon were incorporated by reference. The Treaties of Vienna and Budapest secured to the United States and its nationals rights specified under a joint resolution of the Congress of the United States of July 2, 1921. They became effective on November 8 and December 17, 1921. On November 26, 1924, a tripartite agreement was signed at Washington between the United States and Austria and Hungary. Article I of the Agreement which c ame into effect on December 12, 1925, provided for the selection of a Commissioner to pass upon most of the claims for losses, damages or injuries suffered by the United States or its nationals embraced within the terms of the Treaties of Vienna and Budapest and to determine the amounts to be paid to the United States by Austria and Hungary in satisfaction of all such claims. In pursuance of this provision, the Tripartite Claims Commission was establish- ed, consisting of Mr. Edwin B. Parker as sole Commissioner. The Tripartite Claims Commission entered upon its duties on January 25, 1926. In the course of its 32 formal meetings, all held in Washington, D.C., it disposed of the claims presented. It concluded its judicial activities on May 11, 1929, in so far as Austria was concerned, and on September 27, 1929, with regard to Hungary. The United States not having adopted the clearing system contemplated in the Treaties of Saint-Germain and Trianon, many claims presented before the Commission were settled out of court by the interested parties and subse- quently withdrawn. This, and the fact that few reparation claims were filed, explains the small amount of decisions rendered by the Commission and the small total of its awards, i.e., 5370,032.14 against Austria and $172,619.70 against Hungary, including interest. 14 197 BIBLIOGRAPHY Agreement of November 26, 1924: L.N.T.S., vol. 48, p. 70; U.S. Treaty Ser., No. 730; State Papers, vol. 120, p. 57; de Martens, N.R.G., 3rd series, Vol. 15, p. 230. Friedensrecht. Ein Nachrichtenblatt iiber die Durchfuhrung des Friedensver- trages enthaltend die Verlautbarungen des ôsterreichischen Abrechnungs- amtes, vols. 1-9 (Wien, 1921-1930). Ernst Prossinagg, Bericht des Sektjonsrates Dr. —, osterreichischer Staats- vertreter bei der Tripartite Claims Commission United States, Austria and Hungary errichtet durch das Ùbereinkommen zwischen Osterreich, den Vereinigten Staaten von Amerika und Ungarn vom 26. November 1924 (Wien, 1929, Druck der Osterreichischen Staatsdruckerei). Robert W. Bonynge, Report of—, Agent of the United States before the Tri- partite Claims Commission (United States, Austria, and Hungary), estab- lished under the Agreement which became effective December 12, 1925, between the United States, Austria and Hungary (United States Government Printing Office, Washington, 1930). Tripartite Claims Commission (United States, Austria and Hungary), Final Report of Commissioner and Decisions and Opinions (October 15, 1925) (U.S. Government Printing Office, 1933). 199 Agreement AGREEMENT BETWEEN THE UNITED STATES AND AUSTRIA AND HUNGARY FOR THE DETERMINATION OF THE AMOUNTS TO BE PAID BY AUSTRIA AND BY HUNGARY IN SATISFACTION OF THEIR OBLIGATIONS UNDER THE TREATIES CONCLUDED BY THE UNITED STATES WITH AUSTRIA ON AUGUST 24, 1921, AND WITH HUNGARY ON AUGUST 29, 1921 Signed November 26, 1924, ratifications exchanged December 12, 1925l The United States of America and the Republic of Austria, hereafter describ- ed as Austria, and the Kingdom of Hungary, hereafter described as Hungary, being desirous of determining the amounts to be paid by Austria and by Hungary in satisfaction of their obligations under the treaties concluded by the United States with Austria on August 24, 1921, and with Hungary on August 29, 1921, which secure to the United States and its nationals rights specified under a joint resolution of the Congress of the United States of July 2, 1921, including rights under the Treaties of St. Germain-en-Laye and Trianon, respectively, have resolved to submit the questions for decision to a commis- sioner and have appointed as their plenipotentiaries to sign an agreement for that purpose: The President of the United States of America, Charles Evans Hughes, Secretary of State of the United States of America, The President of the Federal Republic of Austria, Mr. Edgar L. G. Prochnik, Chargé d'affaires of Austria in Washington, and The Governor of Hungary, Count Lâszlô Széchényi, Envoy Extraordinary and Minister Plenipotentiary of Hungary to the United States, Who, having communicated their full powers, found to be in good and due form, have agreed as follows : ARTICLE I The three Governments shall agree upon the selection of a Commissioner who shall pass upon all claims for losses, damages or injuries suffered by the United States or its nationals embraced within the terms of the Treaty of August 24, 1921, between the United States and Austria and/or the Treaty of August 29, 1921, between the United States and Hungary, and/or the Treaties of St. Germain-en-Laye and/or Trianon, and shall determine the amounts to be paid to the United States by Austria and by Hungary in satisfac- tion of all such claims (excluding those falling within paragraphs 5, 6 and 7 of annex I to section I of part VIII of both the Treaty of St. Germain-en-Laye and the Treaty of Trianon) and including the following categories : (1) Claims of American citizens arising since July 31, 1914, in respect of damage to or seizure of their property, rights and interests, including any company or association in which they are interested, within the territories of Source: L.N.T.S., vol. 48, p. 70. 200 UNITED STATES, AUSTRIA AND HUNGARY either the former Austrian Empire or the former Kingdom of Hungary as they respectively existed on August 1, 1914; (2) Other claims for loss or damage to which the United States or its nationals have been subjected with respect to injuries to or death of persons, or with respect to property, rights and interests, including any company or association in which American, nationals are interested, since July 31, 1914, as a conse- quence of the war ; (3) Debts owing to American citizens by the Austrian and/or the Hungarian Governments or by their nationals. ARTICLE II Should the Commissioner for any cause be unable to discharge his functions, a successor shall be chosen in the same manner that he was selected. The Commissioner shall hold a session at Washington within two mounths after the coming into force of the present agreement. He may fix the time and the place of subsequent sessions according to convenience. All claims shall be present- ed to the Commissioner within one year from the date on which he holds the first session required by the foregoing provision. ARTICLE III The Commissioner shall cause to be kept an accurate record of the questions and cases submitted and correct minutes of proceedings. To this end each of the Governments may appoint a secretary, and these secretaries shall act together as joint secretaries and shall be subject to the direction of the Com- missioner. ARTICLE IV The three Governments may designate agents and counsel who may present oral or written arguments to the Commissioner under such conditions as he may prescribe. The Commissioner shall receive and consider all written statements or documents which may be presented to him, in accordance with rules which he may prescribe, by or on behalf of the respective Governments in support of or in answer to any claim. The Governments of Austria and Hungary shall be notified of all claims filed with the Commissioner and shall be given such period of time as the Commissioner shall by rule determine in which to answer any claim filed. The decisions of the Commissioner shall be accepted as final and binding upon the three Governments. ARTICLE Y Each Government shall pay its own expenses, including the compensation of the secretary appointed by it and that of its agent and counsel. All other expenses which by their nature are a charge on the three Governments, includ- ing the compensation of the Commissioner and such employees as he may appoint to assist him in the performance of his duties, shall be borne one-half by the Government of the United States and one-half by the Governments of Austria and Hungary in equal moieties. ARTICLE VI This agreement shall be ratified in accordance with the constitutional forms of the contracting parties and shall come into force on the date of the exchange of ratifications. AGREEMENT 201 IN FAITH WHEREOF, the above-named plenipotentiaries have signed the present agreement and have hereunto affixed their seals.