NUMBER 1909/5.

BRAZIL AND CHINA.

Arbitration Convention.*-August 3, 1909.

The President of the United States of Brazil and his Majesty the Emperor of China, desiring to conclude an Arbitration Convention in application of the principles enounced in Articles 15 to 19 and 21 of the Convention for the Pacific Settlement of International Disputes, signed at the Hague on the 29th July, 1899, and in Articles 37 to 40 and 42 of the Convention signed in the same city of the Hague on the 18th October, 1907, have named as their plenipotentiaries, that is to say:

The President of the United States of Brazil, Mr. M. C. Goncalves Pereira, Envoy Extraordinary and Minister Plenipotentiary to China and to Japan; His Majesty, the Emperor of China, Mr. Lien Fang, Vice-President of the Board of Foreign Affairs;

Who, being duly authorized, have agreed upon the following articles:

ART. I.-Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at the Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of Third Parties; it being further understood that, if one of the two Contracting Parties prefer it, all arbitration resulting from the present Convention shall be submitted to a Head of a State, to a friendly Government, or one or more arbitrators chosen outside the list of the Tribunal of the Hague.

ART. II. In each individual case the High Contracting Parties before appealing to the Permanent Court of Arbitration at the Hague, to other arbitrators or to a sole arbitrator, shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the arbitrator or arbitrators, and the periods to be fixed for the formation of the arbitral tribunal or the choice of an arbitrator or of arbitrators, as well as the rules of the procedure.

It is understood that with respect to the United States of Brazil, such special agreement will be made by the President of the Republic with the consent of the National Congress, and with respect to the Chinese Empire, by the Emperor in such form and under such conditions as he shall deem necessary or convenient.

ART. III.-The present Convention shall remain in force for the period.

* Translation, as printed in Am. Int. Law Journal, Supplement, 1910, p. 255. Portuguese, French and Chinese texts printed in Customs, vol. II, p. 824; French text

in Hsuan Tung Tiao Yüeh, vol. I, p. 6.

of five years from the date of the exchange of ratifications. If it is not denounced six months before the expiration of this period it will continue to remain in force for a new period of five years and so successively.

ART. IV. The present Convention will be ratified after the legal formalities in the two countries have been observed, and the ratifications will be exchanged at Rio de Janeiro as soon as possible.

The present Convention is drawn up in the Portuguese, Chinese and French languages. Four copies have been prepared. In case of disagreement, the French text alone shall be authoritative.

In testimony whereof we, the above-named plenipotentiaries, have signed the present Convention and affixed our seals thereto.

Done at Peking the third of August, one thousand nine hundred and nine, corresponding to the eighteenth day of the sixth moon of the first year of Hsüan Tung.

JAPAN (South Manchuria Railway Company) AND CHINA.

Detailed Agreement for the Hsinmint'un-Mukden Railway loan.*—
August 18, 1909.

The deputy, named below, of the Chinese Board of Posts and Communications (hereinafter called the Board of Posts and Communications) and the deputy, named below, of the South Manchuria Railway Joint Stock Company (hereinafter called the Company), acting in accordance with the HsinmintunMukden and Kirin-Changchun Railway agreements between the Chinese and Japanese Governments of the 33rd year of Kuanghsü, 3rd moon, 3rd day, or the 40th year of Meiji, 4th month, 15th day (April 15, 1907), and also in accordance with the supplementary agreement of the 34th year of Kuanghsü, 10th moon, 19th day, or the 41st year of Meiji, 11th month, 12th day (November 12, 1908) (hereinafter called the Supplementary Agreement), have drawn up the following agreement providing for a loan for that part of the Hsinmint'unMukden Railway lying east of the Liao River.

ARTICLE 1.-In accordance with Article 1 of the Supplementary Agreement,

* Translation from the Chinese text as printed in Wang, p. 137.

In connection with this agreement see also the Convention regarding the HsinminMukden and Kirin-Changchun railways, April 15, 1907 (No. 1907/3, ante): the Agreement for the handing over by Japan of the Hsinmin-Mukden Railway, May 27, 1907 (No. 1907/5, ante): the Supplementary Agreement for a loan for the Hsinmin-Mukden and KirinCh'angch'un railways, November 12, 1908 (No. 1908/18, ante).

the Company agrees to make a loan of half the amount required for the construction of that part of the Hsinmint'un-Mukden Railway lying east of the Liao River, namely yen 320,000, Japanese currency, at a discount of 93, to be handed over at Tokyo to the Chinese Minister to Japan, the Chinese Minister there to hand over to the Company a certificate as per Form A attached to this. agreement.

ARTICLE 2.-After this agreement has been drawn up, within one month after a note is addressed thereon to the Japanese Minister at Peking, the loan fixed as above will be paid in full in one instalment on the date fixed by the Chinese Government. The date for the receiving of the loan by the Chinese Government will be notified to the Company ten days before the loan is paid.

ARTICLE 3.-The loan will be for a term of eighteen years, and will be repaid in thirty-six equal instalments, beginning from the date when the loan is paid to China, every half year (Gregorian Calendar), in accordance with the attached amortization table. Interest on that part of the capital which is repaid will cease on the date of payment.

ARTICLE 4.-Interest will be reckoned from the date of the payment of the loan to China, and will be payable once every half year (Gregorian Calendar) in accordance with the attached table.

ARTICLE 5.-The Director General of the Peking-Mukden Line will turn over the capital and interest, as payment thereof falls due, to the Company at Dairen or Tokyo, as convenient to the Chinese Government. The Company will then deliver to the Director General of the Peking-Mukden Line certificates as per Forms B and C attached to this agreement, in accordance with the amount of capital and interest paid, as per the attached amortization and interest tables. ARTICLE 6.—In accordance with Article 5 of the Supplementary Agreement, the capital and interest due annually will be reduced to Hang P'ing Hua Pao Taels due each month, and deposited at the Tientsin branch of the Yokohama. Specie Bank.

Interest on the deposits referred to in the preceding paragraph will be paid to the Peking-Mukden Line by the Tientsin branch of the said bank in accordance with the current advertised rate of interest.

The matters referred to in the preceding two paragraphs will be carried on during the life of the said bank.

If the life of the said bank should expire and should be extended, the same procedure will continue to be followed.

If the life of the said bank should not be extended, the Company will then indicate another bank, and the same procedure will be continued.

ARTICLE 7.-All matters in this agreement pertaining to the payment of capital and interest, which may not have been clearly stated, may be discussed and settled by the Chinese Railway Administration (hereinafter called the Administration) and the Company, as occasion therefor arises.

ARTICLE 8.-This agreement must be approved by the Governments of the two nations, after which it will be put into effect.

ARTICLE 9.-After the agreement has been signed and sealed, the Director General of the Administration will refer it by memorial to the Throne, and the

edict of the Throne will be communicated by a note from the Chinese Board of Foreign Affairs to the Japanese Minister at Peking.

ARTICLE 10.-This agreement will become invalid after the principal and interest have been paid in full.

ARTICLE 11.-The original copies of this agreement will be drawn up in quadruplicate, in Chinese and Japanese, and one copy be given to each of the following: the Chinese Board of Foreign Affairs, the Administration, the Japanese Minister at Peking, and the Company.

ARTICLE 12.-Should there be a disagreement in regard to the interpretation of the terms of this agreement, the Administration and the Company will each choose a person from outside as arbitrator. If the arbitrators can not come to a decision, they will then both choose a person from outside to be chief arbitrator. If the two arbitrators can not agree in their choice, then each will choose one person, one of whom will be confirmed by lot. Among these men the decision of the majority will rule, and each side must abide thereby without further question.

The 1st year of Hsüan T'ung, 7th moon, 3rd day:
The 42nd year of Meiji, 8th month, 18th day:
(August 18, 1909).

(Signed and sealed)

LU TSU-HUA.

Expectant Prefect, Wearer of the Peacock Feather,
Deputy of the Board of Posts and Communications.

(Signed and sealed)....

The Director-General of the South Manchuria
Railway Joint Stock Company.

Attached herewith: †

Certificate Forms A, B, and C;

Interest and Amortization Tables.

† Not printed.

NUMBER 1909/7.

JAPAN (South Manchuria Railway Company) AND CHINA. Detailed Agreement for the Kirin-Changchun Railway loan.*-August 18, 1909. The deputy, named below, of the Chinese Board of Posts and Communications (hereinafter called the Board of Posts and Communications) and the deputy, named below, of the South Manchuria Railway Joint Stock Company (hereinafter called the Company), acting in accordance with the HsinmintunMukden and Kirin-Changchun Railway agreements between the Chinese and Japanese Governments of the 33rd year of Kuanghsü, 3rd moon, 3rd day, or the 40th year of Meiji, 4th month, 15th day (April 15, 1907), and also in accordance with the Supplementary Agreement of the 34th year of Kuanghsü, 10th moon, 19th day, or the 41st year of Meiji, 11th month, 12th day (November 12, 1908) (hereinafter called the Supplementary Agreement), have drawn up the following agreement providing for a loan for the Kirin-Changchun Railway.

ARTICLE 1.-In Accordance with Article 1 of the Supplementary Agreement, the Company agrees to make a loan of half the amount required for the construction of the Kirin-Changchun Railway, namely yen 2,150,000, Japanese currency, at a discount of 93, to be handed over at Tokyo to the Chinese Minister to Japan, the Chinese Minister there to hand over to the Company a certificate as per Form A attached to this agreement.

ARTICLE 2.-After this agreement has been drawn up, within one month after a note is addressed thereon to the Japanese Minister at Peking, the loan fixed as above will be paid in full in one instalment on the date fixed by the Chinese Government. The date for the receiving of the loan by the Chinese Government will be notified to the Company ten days before the loan is paid. ARTICLE 3. The loan will be for a term of twenty-five years, reckoning from the date when payment is made to China. Beginning from the sixth year it will be repaid in forty equal instalments once every half year (Gregorian Calendar), in accordance with the attached amortization table. Interest on that part of the capital which is repaid will cease on the date of repayment.

ARTICLE 4.-Interest will be reckoned from the date of the payment of the loan to China, and will be payable once every half year (Gregorian Calendar) in accordance with the attached table.

ARTICLE 5.-The Director General of the Railway Administration of the Chinese Board of Posts and Communications (hereinafter called the Administra

* Translation from the Chinese text as printed in Wang, p. 155.

In connection with this agreement see also the Convention regarding the HsinminMukden and Kirin-Changchun railways, April 15, 1907 (No. 1907/3, ante); Supplementary Agreement for a loan for the Hsinmin-Mukden and Kirin-Changchun railways, November 12, 1908 (No. 1908/18, ante); Article 6 of the agreement relating to Chientão, September 4, 1909 (No. 1909/10, post); Article 7 of the Sino-Japanese treaty respecting South Manchuria and Eastern Inner Mongolia, May 25. 1915 (No. 1915/8, post); and the KirinCh'angch'un Railway loan agreement of October 12, 1917 (No. 1917/11, post).