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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 18, 1921.
Provided also that in all cases the assent of the Government Agents, in writing, to the correctness of the facts as stated shall be obtained, except where the claim is against a Government.
DECISION.
39. The decision of the Tribunal will in all cases be drawn up in writing and registered, and copies thereof will be sent by the Secretariat to the parties and Govern- ment Agents. The decision will also deal with costs and expenses.
40. The Tribunal reserves to itself the power to correct an error in any decision or other order arising from a slip or accidental omission, or to explain any ambiguity or other doubtful expression appearing in the decision. It shall be open to the parties or to the Government Agents to give notice of application to the Tribunal for any such correction or for any such explanation within thirty days of the publication of the decision. No such application will be heard after the expiration of that period.
41. The Tribunal reserves the right to stay execution on its decisions in any case where it appears proper to do so.
42.-(a) The Tribunal may require to be satisfied that all notices and communica- tions prescribed by these Rules have been duly received. The production of a receipt from the postal authority of the posting of registered postal packet shall be conclusive evidence of the receipt of a notice or communication by the person to whom it is addressed until the contrary is proved. In cases in which delivery by registered post is not practicable, heavy books and documents may be sent by ordinary post and unregis- tered or by public carrier, and, on proof of such posting or delivery to such carrier, the books or documents shall be deemed to have been received by the person to whom they were addressed, unless and until the contrary is proved.
(b) All communications to the parties shall be delivered at or sent to the address and to the person named by them as provided by Rule 3 (h).
(c) If service or delivery as above provided should prove impracticable, the Tribunal will, upon application, give such directions as it may think fit, or may dispense with services.
43. In cases where any person is not residing in Europe, the additional time taken for any postal communications to reach or to arrive from the country in which such person is residing shall not be taken as included in the time prescribed by these rules; and further time may be granted on the application of any party where, owing to difficulties of communication or other good cause, such extension appears desirable.
Party shall include any person who has intervened in or has been allowed to take part in the case.
44. The proper expenses of witnesses will be allowed, and may be advanced by the Tribunal if called in pursuance of its order.
45. The Tribunal will permit amendments of written proceedings, extensions of time, and grant other dispensations from these rules in all such cases as may be neces- sary in the interests of justice and equity, and the Tribunal reserves power from time to time to alter, abrogate or add to these rules as experience may require.
46. These rules are supplemental to the rules of procedure relating to the Mixed Arbitral Tribunal laid down in Sections III to VII of Part X of the Treaty, and must be read in conjunction with such rules of procedure.
September 4, 1920.
BOREL, President.
R. E. L. VAUGHAN WILLIAMS.
ZACHARIAS.
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