PI.
Hinute en
The Alisa Enenios (Winding up)
Amendment B111
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Conclosure 2.
515
1. The introduction of the provisions relating to arbitrations
was suggested by a case in which & ühinŭso fira in Franch
Indo-China has a claim against Mosava, Sietesën & Co. in respect
of a machinery contract which provides for arbitration in Hong
Kong. Mosura. Sieønssen & Üe. aliəgə tît it is impossible for
them to place their osse säequately before arbitrators in Britis
territory during the war, especially as their machinery expert
in a German subject. It seems desirable that the question as
to whether the arbitration shoul^ precaud under such
oircumstances should be extru-ted to the decision of a judicial
Opportunity has been taken to widen the discretion
of the Court under asoziem 4 of urdinance No. 11 of 1915 #
well as under suction 5.
tribunal.
2.Some of the provisioms of she declaratory clauses 5 are rendered
desirable by the decision te sell the lonøvhold property of the
Geræga firms. For example, one legscheid property belanging
to Hosara. Reuter Breckuinaus & Co. is vastad as te ane
undivided half share in a partner and sa ba the ører half in
the suo partner and another partoër as administratore de
boni. Hún with the will annexud et a deosɛzed partner. in another
case the property is vanted la two partners, one of whom is
said to be a British subject thaugh he resides in Germany.
Feragraph (a) is intended to clear up a doubt as to the meaning
#1 she word "abaunt" in section 6(1) of Ordinazos No. 29 of 1914. Paragraph (b) is intended to cover certain cases where property
was in the ountedy of German firus.
Paragraph (c) is intended
te meet a possible oano, though ens is soarcely likely to arise.
The reasons for paragraph (d) and (e) have been explained above.
Paragraph (1) is to meet the case of the Basel and Rheinische
Missions.
3. Clause 11 is intended to sasure the sale or property held by
secured oreditera. Sub-clause (8) is to meet the case of the