Arbitration relative to the vessels “Cape Horn Pigeon,” “James Hamilton Lewis,” “C. H. White,” and “Kate and Anna” (U.S.A./Russia)

Russian cruisers having seized a number of American vessels in the Bering Sea, the Government of the United States and the Imperial Government of Russia appointed T. M. C. Asser, Member of the Council of State of the Netherlands, as arbitrator to resolve the dispute arising from these seizures.

According to the arbitration agreement (Compromis) dated 26 August / 8 September 1900, the Arbitrator was to “...in his award..., in accordance with the general principles of international law and the spirit of the international agreements applicable in the matter... decide, with respect to each claim brought against the Imperial Government of Russia, whether it is well-founded and, if so, whether the facts upon which each of these claims is based are proven.... It is clearly understood that this provision shall have no retroactive effect, and that the Arbitrator shall apply to the cases in dispute the principles of international law and the international treaties which were in force and binding upon the Parties involved in this dispute at the time the seizures of the vessels... took place.”

The Compromis further stipulated that it would be within the competence of the Arbitrator to decide all questions that might arise in relation to the procedure during the course of the arbitration. A divergence of opinion having arisen between the Parties regarding the nature and legal consequences of the appointment of the Agent and Counsel designated by the Claimant Party to represent it in the arbitration, the Arbitrator issued, on 19 October 1901, a preliminary award addressing this procedural issue.

On 29 November 1902, the Arbitrator delivered a final and substantive award in respect of each of the cases in dispute.

In the case of the whaling vessel Cape Horn Pigeon, as well as that of the schooner Kate and Anna, Russia having acknowledged its responsibility, the Arbitrator’s role was limited to determining the amount of compensation. In the two other cases, involving the schooners James Hamilton Lewis and C. H. White, the Arbitrator, having found the seizure and confiscation of these vessels to be unlawful acts, determined the amount of compensation to be paid by the Respondent Party to the Claimant Party for the claims submitted on behalf of the entitled parties.

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