Deserters of Casablanca: Compromis fr

Compromis, 24 November 1908

Compromis of Arbitration concerning the questions raised by the events which occurred at Casablanca on the 25th of September 1908.  Signed at Berlin, November 24, 1908¹

COMPROMIS

 The Imperial German Government and the Government of the French Republic having agreed, November 10, 1908, to submit to arbitration all the questions raised by the events which occurred at Casablanca on the 25^th of last September, the undersigned, duly authorized for that purpose, have agreed upon the following compromis:

ARTICLE  I.

 An arbitral tribunal, constituted as hereinafter provided, is empowered to decide the questions of fact and of law arising from the events which occurred at Casablanca on the 25^th of last September between the officials of the two countries.

ARTICLE  II.

 The arbitral tribunal shall be composed of five arbitrators selected from the members of the Permanent Court of Arbitration at The Hague.

 Each Government, as soon as possible, and in a period which shall not exceed fifteen days from the date of the present compromis, shall choose two arbitrators, of which only one may be a national. The four arbitrators thus selected shall choose an umpire within fifteen days from the date they are notified of their selection.

ARTICLE III.

 On the 1^st of February, 1909, each party shall forward to the Bureau of the Permanent Court eighteen copies of its memorial with duly certified copies of all papers and documents which it intends to present in the case. The Bureau shall ensure their transmission without delay to the arbitrators and to the parties, that is, two copies for each arbitrator, three copies for each party. Two copies shall remain in the archives of the Bureau.

 The 1^st of April, 1909, the parties shall in the same manner deposit their counter-memorials with the related papers and their final conclusions.

ARTICLE IV.

 Each party shall deposit with the International Bureau, not later than April 15, 1909, the sum of 3000 Netherlands florins, as an advance for the expenses of the litigation.

ARTICLE V.

 The tribunal will meet at The Hague on May 1, 1909, and will proceed immediately to consider the case.

 It shall be entitled to move temporarily or to delegate one or more of its members to move to such place as may seem useful in order to proceed with measures of inquiry under the conditions of article 20 of the Convention of October 18, 1907 for the Pacific Settlement of International Disputes.

ARTICLE VI.

 The parties may make use of the German or the French languages.

 The members of the tribunal may use, according to their choice, the German or the French languages. The decisions of the tribunal shall be drawn up in both languages.

ARTICLE VII.

 Each party shall be represented by a special agent to serve as intermediary between it and the tribunal. These agents shall give the explanations which may be demanded of them by the tribunal and may present the arguments which they judge useful for the defense of their case.

ARTICLE VIII.

 For all matters for which provision is not made in the present compromis, the stipulations of the above-mentioned Convention of October 18, 1907, which has not yet been ratified, but which has been signed by both Germany and France, shall be applicable to the present arbitration.

ARTICLE IX.

 After the arbitral tribunal has decided the questions of fact and of law which are submitted to it, it shall determine the situation of the individuals arrested on the 25^th of last September about whom there is dispute.

 Done in duplicate at Berlin, November 24, 1908.

(L. S.) KIDERLEN
(L. S.) JULES CAMBON