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Coll 28/51 ‘Persia. Relations with H.M.G. Treaty negotiations: Article regarding private claims.’ [92r] (183/357)
The record is made up of 1 file (176 folios). It was created in 13 Apr 1932-28 Dec 1936. It was written in English and French. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
23
6. In recent months the looming up of the Persian “ Atychides ” (alias
“ Hamadan,” alias ‘‘Kara Deniz ”) claim, and certain reports received from
Tehran to the effect that the Persians were known to be busy concocting large
numbers of counter-claims for the war period, led the Foreign Office to reconsider
the whole question afresh, and to conclude that before reaching any final decision
regarding the text of the claims article and annex it would be necessary for an
expert to re-examine in detail all outstanding British claims and weed out the
^ large number which, it is believed, are hopelessly unsound. The files containing
these are at present being investigated in the Foreign Office.
Annex.
(A)— Latest Complete Text Circulated to the Departments concerned.
Draft Article XIII.
Each of the High Contracting Parties, recognising the exceptional circum
stances obtaining during the world war, agrees not to pursue against the other
claims, not being in respect of contractual obligations, which were directly due to
those circumstances and which arose out of acts done or events taking place
between the dates of the 4th August, 1914, and the 22nd February, 1921.
2. The High Contracting Parties agree that all other claims of one High
Contracting Party which had been formally presented to the Government of the
other High Contracting Party before the 1st January, 1928, shall be settled in
the manner provided for in the Annex to the present Article.
Annex to Article 13.
Article 1.
All claims which either High Contracting Party desires to present for
settlement in accordance with paragraph 2 of Article XIII shall be notified to the
Government of the other not later than six months from the date of the entry into
force of the Treaty.
Article 2.
Unless all claims notified by one High Contracting Party to the other in
accordance with the preceding paragraph are settled within a period of one year
from the date of the coming into force of the Treaty, all unsettled claims shall be
submitted to an arbitral tribunal composed of three members, who shall be
appointed in the following manner : one member appointed by the Imperial
Persian Government, one member appointed by His Majesty’s Government in the
United Kingdom, and one member, who shall preside, appointed by the President
of the Permanent Court of International Justice from persons who are not
nationals of either of the High Contracting Parties.
Article 3.
The Arbitral Tribunal shall hold its first session at Geneva not later than
two years from the entry into force of the Treaty, and shall hear, examine and
decide all claims submitted to it. Its decisions shall be taken by majority vote.
Article 4.
The Arbitral Tribunal shall have the power of deciding any differences
relating to the question whether a claim is one in respect of which it has juris
diction under the provisions of paragraph 2 of Article XIII of the Treaty and
Articles 1 and 2 of this Annex, or whether it is excluded under the provisions of
paragraph 1 of Article XIII of the Treaty.
Article 5.
Each of the High Contracting Parties agrees to regard the awards of the
arbitral tribunal as final and to give full and immediate effect thereto.
All sums of money awarded by the tribunal on account of any claim shall be
paid to the Government of the High Contracting Party by whom the claim is
made not later than twelve months from the date on which the award is made.
About this item
- Content
Correspondence and other papers relating to the drafting of an article for the Anglo-Persian Treaty, concerning private claims made against the British and Persian Governments. The correspondence concerns: the exclusion from the article of British Indian claims; an agreement by both parties to not pursue certain claims arising from the ‘exceptional circumstances obtaining during the [First] world war’ (f 155); general treaty instructions from the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , sent to the British Legation in Tehran; details of an historic claim for approximately £900,000, made against the British Government by a Persian subject named Socrates Atychides, whose ship, the Kara Deniz , was detained and declared as prize at Bombay [Mumbai] in 1914; a printed copy of a general review of British claims against Persia, prepared by Hugh Ritchie, formerly of the Foreign Office. Ritchie’s review includes indexes to supplementary volumes (not included in the file) entitled Persia (Legation Claims) , Persia: Consulate Claims (Peace-Time), and Persia: Consulate Claims (War-Time) (ff 22-51). The indexes are lists of British claimants.
Principal correspondents in the file include: John Charles Walton and John Gilbert Laithwaite of the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. ; George William Rendel and Christopher Frederick Ashton Warner of the Foreign Office; W R L Trickett of HM’s Treasury.
The file contains a single paragraph of French text: a draft of the claims article submitted by the Government of Persia (f 168).
The file includes a divider, which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence.
- Extent and format
- 1 file (176 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the file.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 178; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
- Written in
- English and French in Latin script View the complete information for this record
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- Reference
- IOR/L/PS/12/3456
- Title
- Coll 28/51 ‘Persia. Relations with H.M.G. Treaty negotiations: Article regarding private claims.’
- Pages
- 173r:177v, 155r:155v, 125r:127v, 91v:96v
- Author
- Unknown
- Usage terms
- The copyright status is unknown. Please contact copyright@bl.uk with any information you have regarding this item.