Special Claims Commission (Agreement 10 September 1923) (United Mexican States, United States of America)
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REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Special Claims Commission (Agreement 10 September 1923) (United Mexican States, United States of America) 26 April 1926-24 April 1931 VOLUME IV pp. 772-927 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 PART II SPECIAL CLAIMS COMMISSION 50 773 SPECIAL CLAIMS COMMISSION The Special Claims Commission established under the Convention of September 10, 1923, was a tribunal of limited jurisdiction. It was to decide only claims of American citizens against Mexico which arose during the revolutionary period in Mexico from November 10, 1910 to May 31, 1920, inclusive, and which were due to acts of certain forces specifically designated in Ariicle III of the Convention. The volume of these claims was not markedly smaller than those filed with the General Claims Commission (supra Part I), being 3,176 for the Special Claims Commission as against 3,617 for the General Claims Commission. A period of five years from the date of the first meeting of the Commission was allowed for the final disposition of these claims. Mexico assumed responsibility ex gratia for the claims coming within the jurisdiction of the Special Claims Commission. The Convention of September 10, 1923, provided in Article II "that it will be sufficient that it be established that the alleged loss or damage in any case was sustained and was due to any of the causes enumerated in Article III hereof". Difficulties arising in connexion with the decision in the Santa Isabel claims led to a disruption of the work of the Commission following the decision in that case 1. On July 7, 1926, the Presiding Commissioner (Dr. Rodrigo Octavio) resigned for reasons of health. He was succeeded about two years later, on June 16, 1928, by Dr. Kristian Sindballe, who also began to serve on the same day as Presiding Commissioner of the General Claims Commission. No meetings of the Special Claims Commission took place during his presidency, which ended July 1, 1929. Horacio F. Alfaro was thereafter appointed as Presiding Commissioner and in February, 1931, the Commission finally reconvened after a lapse of five years. The Russell claim was the only claim finally decided at the 1931 session and this decision also occasioned considerable differences among the Com- missioners. The term of the Commission thereafter shortly came to an end, after some eight years of existence. A convention of June 18, 1932, sought to extend the life of the Commission for an additional two years but it failed of ratification by the United States. By :i convention of April 24, 1934-, an agreement was reached for the en bloc settlement of the Special Claims. Pursuant to this convention the global sum of $5,448,020.14 (U.S. currency) was arrived at as the sum payable by Mexico in final settlement of the Special Claims. Such sum was payable in annual instalments of $500,000.00 each. Pursuant to an Act of Congress approved April 10, 1935 2, a domestic Special Mexican Claims Commission was established to dispose of all claims filed with the former Special Claims Commission under the Convention of September 10, 1923, and in which that Commission had failed to award compensation to the claimants, except, of course, those which had also 1 For an account of these difficulties see A. H. Feller, pp. 63-65; Carlston, The Process of International Arbitration (New York, 1946), sec. 12. 2 U. S. Stat. L., Vol. 49, p. 149 as amended by Joint Resolution approved August 25, 1937, U.S. Stat. L., Vol. 50, p. 785. 774 MEXICO/U.S.A. (SPECIAL CLAIMS COMMISSION) been filed jointly with the General Claims Commission and found by the latter to be within its jurisdiction. The Special Mexican Claims Commission functioned during a period of three years during which it considered and decided a total of 2,833 claims. Of these 1,475 were disallowed and awards favourable to claims were granted in 1,358 cases in the total sum of $9,135,041.79. Pursuant to section 4 of the Act of April 10, 1935, however, this sum was reduced in each award to 57 percent1. 1 Special Mexican Claims Commission under the Act of Congress approved April 10, 1935. Report to the Secretary of State with Decisions showing the Reasons for the Allowance or Disallowance of the Claims (Washington, 1940) pp. 4-12. 775 BIBLIOGRAPHY Convention of September 10, 1923; U.S. Treaty Ser., No. 676; U.S. Stat. L., Vol. 43, p. 1722; Treaties, etc., 1923-1937, Vol. 4, p. 4445; State Papers, Vol. 118, 1923, p. 1108; de Martens, 3d ser.. Vol. 17, p. 301; Am. J., Int. Law Supp., Vol. 18, 1924, p. 143; R. G. P. C, 1936, Pt. 2, p. 26. Convention of August 17, 1929; U.S. Treaty Ser., No. 802; U.S. Stat. L., Vol. 46, p. 2417; Treaties, etc., 1923-1937, Vol. 4, p. 4457; State Papers, Vol. 131, 1929, Pt. 2, p. 573; de Martens, 3d ser.. Vol. 21, p. 761; R. G. P. C., 1936, Pt. 2, p. 27. Convention of April 24, 1924 ; {en bloc settlement) : U.S. Treaty Ser.. No. 878; U.S. Stat. L., Vol. 49, p. 3071; Treaties, etc., 1923-1937, Vol. 4, p. 4487; de Martens, 3d ser., Vol. 30, p. 747; Am. J. Int. Law Supp. Vol. 30, 1936, p. 106; R. G. P. C, 1936, Pt. 2, p. 27. Other references: Memoria, 1925-1926, p. 28; Memoria, 1926-1927, p. 203; Memoria, 1928-1929, Vol. 2, p. 1115; Memoria, 1929-1930, Vol. 1, p. 824; Memoria, 1930-1931, Vol. 1, p. 616; Memoria 1931-1932, p. 268; Memoria, 1932-1933, p. 166; Informe, 1933-1934, p. 290. McKernan, L. W., "Special Mexican Claims", Am. J. Int. Law, Vol. 32, 1938, p. 457. Turlington, Edgar, "Work of the Special Claims Commission, United States and Mexico", Fed. B. A. Jour., Vol. 3, 1937, p. 23. U.S. Government, Special Mexican Claims Commission under the Act of Congress approved April 10, 1935. Report to the Secretary of State with Decisions showing the Reasons for the Allowance or Disallowance of the Claims. (Washington, 1940). (Note: See also bibliographical references in Part I, Section I.) SECTION I SPECIAL AGREEMENT: September 10, 1923. PARTIES: United Mexican States, United States of America. ARBITRATORS : Rodrigo Octavio (Brazil), PresidingCommissioner until July 9, 1926; Kristian Sindballe (Denmark), Presiding Commissioner, June 16, 1928—July 1, 1929; Horacio F. Alfaro, Presiding Commissioner from May 27, 1930; Fernando Gonzalez Roa, Mexican Commissioner; Ernest B. Perry, Ameri- can Commissioner until November 30, 1930; Fred K. Nielsen, American Commissioner from January 6, 1931. REPORT: Opinions of Commissioners under the Convention concluded September 10, 1923, between the United States and Mexico as extended by the Convention con- cluded August 17, 1929. April 26, 1926, to April 24, 1931. (Government Printing Office, Washington, 1931.) 779 Convention SPECIAL CLAIMS CONVENTION FOR THE SETTLEMENT OF CLAIMS OF AMERICAN CITIZENS ARISING FROM REVOLUTIONARY ACTS IN MEXICO FROM NOVEMBER 20, 1910, TO MAY 31, 1920.1 Signed at Mexico City, September 10, 1923 ; ratification advised by the Senate, January 23. 1924 ; ratified by the President, February 4, 1924 ratified by Mexico, Febiuary 16, 1924; ratifications exchanged at Mexico City, February 19, 1924; proclaimed, February 23, 1924. The United States of America and the United Mexican States, desiring to settle and adjust amicably claims arising from losses or damages suffered by American citizens through revolutionary acts within the period from November 20, 1910, to May 31, 1920. inclusive, have decided to enter into a Convention for that purpose, and to this end have nominated as their Plenipotentiaries : The President of the United States: George F. Summerlin, Chargé d'Affaires ad interim of the United States of America in Mexico. The President of the United Mexican States: Alberto J. Pani, Secretary of State for Foreign Affairs. Who, after having communicated to each other their respective full powers found to be in due and proper form, have agreed upon the following Articles : ARTICLE I. All claims against Mexico of citizens of the United States, whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered by persons or by their properties during the revolutions and disturbed conditions which existed in Mexico, covering the period from November 20, 1910, to May 31, 1920, inclusive, including losses or damages suffered by citizens of the United States by reason of losses or damages suffered by any corporation, company, association or partnership in which citizens of the United States have or have had a substantial and bona fide interest, provided an allotment to the American claimant by the corporation, company, association or partnership of his proportion of the loss or damage is presented by the claimant to the Com- mission hereinafter referred to, and which claims have been presented to the United States for its interposition with Mexico, as well as any other such claims which may be presented within the time hereinafter specified, shall be submitted to a Commission consisting of three members. Such Commission shall be constituted as follows: one member shall be appointed by the President of the United States; one by the President of the L nited Mexican States ; and the third, who shall preside over the Com- mission, shall be selected by mutual agreement between the two Govern- ments. If the two Governments shall not agree within two months from the exchange of ratifications of this Convention in naming such third member, then he shall be designated by the President of the Permanent Administrative Council of the Permanent Court of Arbitration at The 1 Source: Treaties, etc.. 1923-1937, Vol.