[p 99] The Court,
Having regard to the Application instituting proceedings filed, on behalf of
Government, with the Registry of the Court on February 8th, 1927; [p100]
Having regard to Judgment No. 13, given this day by the Court upon this
Having regard to Articles 48 and 50 of the Statute;
1. That an expert enquiry shall be held with a view to enabling the Court to
fix, with a full knowledge of the facts, in conformity with the principles
laid down in Judgment No. I3, the amount of the indemnity to be paid by the
Polish Government to the German Government under the terms of the aforesaid
Judgment No. 13.
2. The expert enquiry shall relate to the following points:
I. A. What was the value, on July 3rd, 1922, expressed in Reichsmarks
current at the present time, of the undertaking for the manufacture of
nitrate products of which the factory was situated at Chorzów in Polish
Upper Silesia, in the state in which that undertaking (including the lands,
buildings, equipment, stocks and processes at its disposal, supply and
delivery contracts, goodwill and future prospects) was, on the date
indicated, in the hands of the Bayerische and Oberschlesische
B. What would have been the financial results, expressed in Reichsmarks
current at the present time (profits or losses), which would probably have
been given by the undertaking thus constituted from July 3rd, 1922, to the
date of the present judgment, if it had been in the hands of the said
II. What would be the value at the date of the present judgment, expressed
in Reichsmarks current at the present time, of the same undertaking (Chorzów)
if that undertaking (including lands, buildings, equipment, stocks,
available processes, supply and delivery contracts, goodwill and future
prospects) had remained in the hands of the Bayerische and Oberschlesische
Stickstoffwerke, and had either remained substantially as it was in 1922, or
been developed proportionately on lines similar to those applied in the case
of other undertakings of the same kind, controlled by the Bayerische, for
instance, the undertaking of which the factory is situated at Piesteritz?
3. The expert enquiry will be entrusted to a committee composed as follows:
the President of the, Court shall appoint [p101] by order three experts.
Each of the Parties shall have the right to appoint, within fifteen days
from the date of that order, an assessor who will take part in the work of
the committee in an advisory capacity. The experts appointed by the
President of the Court shall elect the chairman of the committee from
4. Upon accepting the task entrusted to them under the terms of paragraph 2
above, the experts and assessors shall make the following solemn
declaration, either orally before the President, or by letter addressed to
the President :
"I solemnly declare that I will perform the duties of expert (assessor)
entrusted to me by virtue of the Order of the Permanent Court of
International justice dated September 13th, 1928, honourably and faithfully,
impartially and conscientiously, and that I will abstain from divulging or
turning to my own use any secrets of an economic or technical nature which
may. come to my knowledge in the performance of this task."
5. The Registrar shall be responsible for the secretarial arrangements of
the committee of experts and for liaison between it and the Court. For this
purpose he shall in particular detach, for duty with the committee of
experts, one of the higher officials of the Registry. This official shall
act as intermediary for all communications between the Court and its
services on the one hand and the committee of experts on the other.
6. The Registrar shall communicate to the communicate of experts the full
record of the proceedings leading up to the Court's Judgment No. 13, as also
that of the proceedings leading up to its Judgment No. 6. He is authorized
also to hold at the disposal of the committee of experts, upon its request,
the records of the proceedings leading up to the Court's judgments Nos. 7, 8
7. The committee of experts shall be entitled to ask for the production of
any document and any explanations which it may consider useful for the
fulfilment of its task; in this respect, its decisions shall be taken by a
majority. Such requests shall be addressed to the Registrar of the Court,
who will comply with them within the limits fixed by Article 24 [p102] of
the Rules or, if necessary, submit them to the President of the Court for
the purposes of Article 49 of the Statute.
8. The committee of experts shall likewise be entitled to ask for any other
facilities which it may consider useful for the fulfilment of its task; in
particular it may ask for authorization to inspect the premises ; in that
case, the procedure laid down in paragraph 7 shall be applied.
9. A first meeting of the committee of experts shall be convened by the
President of the Court. The Committee shall file its report, in two original
copies, with the Registrar of the Court, within a period, commencing from
this first meeting, to be fixed by the President after hearing the views of
the experts. The report, to which shall be attached all documents referred
to therein, shall contain the reasoned opinion in regard to each question
put of each member of the committee. It shall be communicated, with the
attached documents, by the Registry to the members of the Court and to the
Agents of the Parties. The Court, or if it is not sitting, the President,
shall fix a date for a public sitting of the Court, which the experts will
be summoned to attend and the object of which will be to enable the Agents
of the Parties to discuss the report and to enable the Court and the said
Agents to ask the experts for explanations.
10. The fees of the experts appointed by the President of the Court, the
amount of which shall be fixed by the President after hearing the views of
the experts, shall be paid to the latter by the Registrar at the conclusion
of the enquiry. The fees shall include subsistence and entertainment
expenses of the experts but not travelling expenses, etc. Such expenses
shall be refunded to those concerned by the Registrar upon the production of
accounts submitted at the conclusion of the enquiry, subject to the
deduction of any advances made on account of such expenses.
Each Party shall pay the expenses and fees of the assessor appointed by it.
All other fees, costs and expenses, including secretariat and establishment
expenses, as also expenses for the services of technical staff which the
committee may secure with the consent of the President of the Court, shall
be advanced by the Court and refunded by the Parties in the [p103]
proportion to be fixed by the Court in accordance with Article 64 of the
The Parties are invited to pay to the Registrar of the Court, within fifteen
days from the date of this Order, the sum of 25,000 florins each on account
towards the expenses of the expert enquiry.
11. The Court reserves to itself or, if it is not sitting, to the President,
power to construe and, if necessary, to supplement the foregoing provisions.
12. In the event of a request for an extension of the times laid down in the
foregoing provisions, Article 33 of the Rules of Court shall apply.
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this thirteenth day of September, nineteen hundred
and twenty-eight, in three copies, one of which shall be placed in the
archives of the Court, and the others forwarded to the Agents of the German
Government and of the Polish Government respectively.
(Signed) D. Anzilotti
(Signed) Paul Ruegger,