Canevaro Claim: Protocol

Protocol, 25 April 1910¹ 

 Meeting in the Peruvian Foreign Office, the undersigned, the Count Giulio Bolognesi, Chargé d’affaires of Italy, and Dr. Melitón F. Porras, Minister of Foreign Affairs of Peru, have agreed on the following:

 The Government of His Majesty the King of Italy and the Government of the Republic of Peru, not having been able to come to an agreement with regard to the claim formulated by the former in the name of the Counts Napoleon, Carlos and Rafael Canevaro, for the payment of the sum of forty-three thousand one hundred and forty pounds sterling and its legal interest, which they demand from the Government of Peru,

 Have determined, in conformity with Article 1 of the Permanent Treaty of Arbitration in force between the two countries, to submit this dispute to the Permanent Court of Arbitration of The Hague, which shall render a legal finding upon the following points:

 Ought the Government of Peru pay in cash or in accordance with the provisions of the Peruvian law on domestic debt of June 12, 1889, the drafts (lettres à ordre, cambiali, libramientos) now in the possession of the brothers Napoleón, Carlos and Raphael Canevaro, and which were drawn by the Peruvian Government to the order of the firm of José Canevaro & Sons for the sum of 43,140 pounds sterling plus the legal interest of the said amount?

 Have the Canevaro brothers the right to demand the total of the amount claimed?

 Has Count Raphael Canevaro the right to be considered as an Italian claimant?

 The Government of His Majesty the King of Italy and the Government of the Republic of Peru bind themselves to name, within four months from the date of this protocol, the members of the Arbitral Tribunal.

 Within seven months of the formation of the Arbitral Tribunal, both Governments will present to it a complete statement of the case, with all the documents, evidence, allegations and arguments of the case; each Government shall have at its disposal five months more in order to present to the Arbitral Tribunal its reply to the other Government, and in this it will be permitted only to refute the allegations contained in the statement of the opposing Party.

 Then the discussion will be regarded as closed, unless the Arbitral Tribunal asks for new documents, proofs or allegations, which will have to be presented within four months from the time when the arbitrator requests them.

 If said documents, proofs or allegations are not presented within this period, the award shall be pronounced as if they did not exist.

 In witness whereof the undersigned have signed the present Protocol, in Italian and Spanish, and have affixed to it their respective seals.

 Done in duplicate at Lima the twenty-fifth day of April, nineteen hundred and ten.

GIULIO BOLOGNESI
M. F. PORRAS