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[p99] The
Permanent Court of International Justice,
composed as above,
after deliberation,
having regard to Article 48 of the Statute of the Court,
having regard to Article 68 of the Rules of Court,
Makes the following Order:
[1] Having regard to the Application filed in the Registry of the Court on
November 23rd, 1935, whereby the Swiss Confederation, relying upon the
declarations made by Switzerland and by Yugoslavia accepting the Optional
Clause in Article 36, paragraph 2, of the Court's Statute, instituted before
the Court proceedings against the Kingdom of Yugoslavia, asking the Court
for judgment to the effect that the Yugoslav Government could not claim
release from the terms of an arbitration clause in a contract concluded
between it and the Swiss Société anonyme Losinger & Cie, by adducing
legislation subsequent in date to that contract; [p100]
[2] Having regard to the appointment of M. Georges Sauser-Hall, Professor of
law at the University of Geneva, as Agent for the Swiss Government, and of
M. Slavko Stoykovitch, Agent-General of the Yugoslav Government before the
Mixed Arbitral Tribunals, as Agent for the Yugoslav Government;
[3] Having regard to the preliminary objection filed with the Registry of
the Court on March 27th, 1936, whereby the Yugoslav Government prayed the
Court to declare that it had no jurisdiction to adjudicate upon the dispute
submitted by the Swiss Federal Council under Article 36 of the Statute and,
alternatively, to declare that the application of the Swiss Federal Council
could not be entertained because the means of obtaining redress placed at
the disposal of the firm Losinger & Co. by Yugoslav municipal law had not
been exhausted;
[4] Having regard to the Order of June 27th, 19361, whereby the Court joined
the objection to the merits of the case, in order that it might adjudicate
in one and the same judgment upon this objection and, if need be, on the
merits, and fixed the time-limits for the filing of the subsequent documents
on the merits, viz.: for the Counter-Memorial of the Yugoslav Government,
August 3rd, 1936, for the Reply of the Swiss Government, August 21st, 1936,
and for the Rejoinder of the Yugoslav Government, September 11th, 1936;
[5] Having regard to the filing of the Counter-Memorial of the Yugoslav
Government by the date fixed;
[6] Having regard to the letter dated August 7th, 1936, and filed in the
Registry on August 10th, in which the Agent for the Swiss Government,
invoking the Order of June 27th, 1936, in the recitals of which it was
stated that the time-limits had been fixed "without prejudice to any
modifications which it might seem desirable to make, in case .... the
Parties should enter into negotiations for an amicable settlement", asked
for an extension of the time-limit for the filing of the Reply until October
15th, 1936, in view of negotiations in progress between the Kingdom of
Yugoslavia and the firm Losinger & Co.;
[7] Having regard to the Order of August nth, 1936, whereby the acting
President of the Court, in compliance with this request, extended until
October 15th, 1936, the time-limit for the filing of the Reply by the Swiss
Government and extended the time-limit for the filing of the Rejoinder by
the Yugoslav Government, leaving the date by which that document was to be
filed to be fixed by a subsequent order;
[8] Having regard to the Order of October 6th, 1936, whereby, in response to
a further request from the Agent for the Swiss Government based on the stage
reached in the negotiations referred to in the letter of August 7th, 1936,
the President of [p101] the Court extended until December 1st, 1936, the
time-limit last fixed for the filing of the Reply;
[9] Whereas, by a letter of November 23rd, 1936, which was filed in the
Registry on November 25th, the Agent for the Yugoslav Government, stating
that a definite agreement had been reached between the Swiss Federal
Government and the Yugoslav Government to discontinue the proceedings
instituted by the application of the Federal Government in regard to the
case of Losinger & Co., gave notice, in accordance with Article 68 of the
Rules of Court, that the two Parties were not going on with these
proceedings and requested the Court officially to record the conclusion of
the settlement;
[10] Whereas a copy of this communication was duly transmitted to the Agent
for the Swiss Government;
[11] Whereas, by a letter of November 27th, 1936, filed in the Registry on
November 30th, the Agent for the Swiss Government, stating that the Yugoslav
Government and the Swiss Federal Council had definitely agreed to
discontinue the proceedings instituted by the application of the Swiss
Confederation, gave notice, under Article 68 of the Rules of Court, of the
agreement thus reached between the two Governments, and requested the Court
to make an order officially recording the conclusion of the settlement;
[12] Whereas a copy of this communication was duly transmitted to the Agent
for the Yugoslav Government;
[13] Whereas, under Article 68 of the Rules, if at any time before judgment
has been delivered, the parties by mutual agreement inform the Court in
writing that they are not going on with the proceedings, the Court will make
an order officially recording the discontinuance of the proceedings and
prescribing the removal of the case from the list;
[14] THE COURT
places on record the communications from the Agent for the Swiss Government
and from the Agent for the Yugoslav Government filed "on November 30th,
1936, and November 25th, 1936, respectively, to the effect that the Swiss
and Yugoslav Governments are discontinuing the proceedings instituted by the
application presented by the Swiss Confederation on November 23rd, 1935;
and orders that the case shall be removed from the Court's list. [p102]
[15] Done at the Peace Palace, The Hague, this fourteenth day of December,
one thousand nine hundred and thirty-six, in three copies, of which one will
be filed in the archives of the Court and the others will be transmitted
respectively to the Swiss and Yugoslav Governments.
(Signed) Cecil J. B. Hurst,
President.
(Signed) J. Jorstad,
Deputy-Registrar.
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