4 APPENDIX TO BRITISH CASE. 



ters; one to be designated by each of the parties hereto, and the third, 

 who shall not be a national of either party, to be designated by the 

 tribunal. This commisison shall examine into and report their con- 

 clusions on any question or questions so referred to it by the tribunal 

 and such report shall be considered by the tribunal and shall, if in- 

 corporated by them in the award, be accepted as a part thereof. 



Pending the report of the commission upon the question or ques- 

 tions so referred and without awaiting such report, the tribunal may 

 make a separate award upon all or any other questions before it, and 

 such separate award, if made, shall become immediately effective, 

 provided that the report aforesaid shall not be incorporated in the 

 award until it has been considered by the tribunal. The expenses of 

 such commission shall be borne in equal moieties by the parties 



hereto. 

 3 ARTICLE 4. 



The tribunal shall recommend for the consideration of the high 

 contracting parties rules and a method of procedure under which all 

 questions which may arise in the future regarding the exercise of 

 the liberties above referred to may be determined in accordance with 

 the principles laid down in the award. If the high contracting parties 

 shall not adopt the rules and method of procedure so recommended, 

 or if they shall not, subsequently to the delivery of the award, agree 

 upon such rules and methods, then any differences which may arise 

 in the future between the high contracting parties relating to the 

 interpretation of the treaty of 1818 or to the effect and application of 

 the award of the tribunal shall be referred informally to the Perma- 

 nent Court at The Hague for decision by the summary procedure pro- 

 vided in Chapter IV of The Hague Convention of the 18th October, 

 1907. 



ARTICLE 5. 



The Tribunal of Arbitration provided for herein shall be chosen 

 from the general list of members of the Permanent Court at The 

 Hague, in accordance with the provisions of article 45 of the Con- 

 vention for the Settlement of International Disputes, concluded at 

 the Second Peace Conference at The Hague on the 18th October, 

 1907. The provisions of said convention, so far as applicable and not 

 inconsistent herewith, and excepting articles 53 and 54, shall govern 

 the proceedings under the submission herein provided for. 



The time allowed for the direct agreement of His Britannic Maj- 

 esty and the President of the United States on the composition of 

 such tribunal shall be three months. 



ARTICLE 6. 



The pleadings shall be communicated in the order and within the 

 time following : 



As soon as may be, and within a period not exceeding seven months 

 from the date of the exchange of notes making this agreement bind- 

 ing, the printed Case of each of the parties hereto, accompanied by 

 printed copies of the documents, the official correspondence, and all 

 other evidence on which each party relies, shall be delivered in dupli- 

 cate (with such additional copies as may be agreed upon) to the agent 



