0.946.291.362.1 rules of procedure of the arbitration commission for the liquidation of the former dictator clearing concluded good June 27, 1958, entered into force on September 1, 1958, in accordance with art. 6, al. 5, of the agreement between the Swiss Confederation and the Federal Republic of Germany on the liquidation of the former dictator clearing of July 16, 1956, the arbitration commission shall adopt the following rules: rules of procedure art. 1. the Arbitration Board carries the designation of "arbitration commission for the liquidation of the former dictator clearing.
The decisions of the Arbitration Board are final and binding in the cases mentioned in art. 2, al. 5, and art. 4, al. 4, of the agreement.
She serves as needed rather than fixed it from case to case.
Art. 2. when an establishment of compensation (Swiss compensation office, Deutsche Verrechnungskasse) rejects totally or partially the pretensions of an applicant, it may resort to the arbitration commission within a period of one month from notification of the decision.
The application by means of which the arbitration proceedings must be motivated in writing and be filed in four copies with the establishment of compensation which the decision attacked. The evidence must be designated and, if possible, attached.
The establishment of compensation that received the request shall forthwith forward a copy to the institution of the other country; He joined the annexes so that it takes knowledge. These must be returned without delay.
Art. 3. the establishment of compensation recipient of the request transmits it annexes, within a period of one month from receipt, to the arbitrator of his country, unless it changes totally, in agreement with the other institution, its decision in favour of the applicant. It shall indicate the date of notification of the contested decision and receipt or delivery to the position of the query. It also challenges his observations in writing and in triplicate.
In the same period of one month (para. 1, 1 sentence), compensation of the other country may notify its opinion, in triplicate, to the Member of the Board of arbitration named above.
The period of one month (para. 1, 1 sentence, para. 2) may be extended on request.
A copy of each notice received (para. 1, 3 sentence, para. 2) is sent to the applicant. A delay can be fixed to present a written response, which must be communicated to the two clearing houses.
At the request of the Arbitration Committee, the clearing houses him will send, to read, acts pertaining to the Treaty case.
Art. 4 as a general rule, the Member of the mentioned arbitration commission art. 3, al. 1, 1 sentence, directs the proceedings.
Notifications are made by writings against the destinatoine receipt or receipt.
Art. 5. the arbitration commission asked interested parties all information necessary for the clarification of the case and to complete the record.
Necessary evidence are established by the Arbitration Board, by one of its members or by a judge who we made the request (art. 6, para. 6, of the agreement). Can also be used means of evidence that those concerned have not invoked. During the taking of evidence, the interested parties must be heard.
Interested parties are the applicant and the two clearing houses.
Art. 6. the arbitration commission may order oral proceedings on request or ex officio.
The deliberations of the Arbitration Board are in all cases secret.
Art. 7. the decision of the Arbitration Board must be notified to those concerned in writing with indication of reasons.
Art. 8. the applicant succumbing must be sentenced to the payment of emoluments of procedure. In special cases, the arbitration commission may, for reasons of equity, give up totally or partially require fees.
The Arbitration Board shall set the fees based on the value in dispute to be established by it and taking into account the extent to which she had to deal with the matter, as well as expenses for the administration of the evidence; the fees can be of the order of 25 to 3000 Swiss francs or German marks (Protocol of signature ad article 6 of the agreement, letter c). They are reduced accordingly if the applicant has only partially wrong or if the request is withdrawn during the proceedings.
Art. 9. prior to starting its activity, the arbitration commission shall ask the applicant to justify, within a specified time, have paid on the emoluments of procedure a advance equals the approximate amount that would put his dependents in case he would succumb.
It can be ignored if the applicant justifies his poverty or other reasons of equity are opposed.
If the rationale for the payment of the advance is not given within the time limit, the arbitration commission says the withdrawn application.
The decisions referred to in paras. 2 and 3 must be taken by the two members of the arbitration commission.
Art. 10 this Regulation comes into force on September 1, 1958.
Bonn, June 27, 1958.
RO 1958 690 RS 0.946.291.362 State 11. July 2006