Double Nationality (Mixed Arbitral Tribunals) Case

CourtCourt of Appeal of Berlin (Germany)
Docket NumberCase No. 268
Germany, Kammergericht of Berlin.
Case No. 268
Double Nationality (Mixed Arbitral Tribunals) Case.

Double Nationality — Jurisdiction of International Tribunals.

International Arbitration — Jurisdiction — Jurisdiction of Mixed Arbitral Tribunals — Whether Extending to Disputes between German Nationals — Double Nationality — Article 304 (b) of the Treaty of Versailles.

The Facts.—Article 304 (b) of the Treaty of Versailles provided that questions which, under the laws of the Allied, Associated or Neutral Powers, are within the jurisdiction of the national courts of those Powers, shall be decided by the national courts in question, to the exclusion of the mixed arbitral tribunals. The same Article provided that “the party who is a national of an Allied or Associated Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this is not prohibited by the laws of his country.”

In the case at issue the Court was called upon to decide the question whether the option provided in the latter part of Article 304 (b) may be exercised by the defendant, who was a national of Italy and, at the same time, possessed German nationality. The defendant relied on his Italian nationality and argued that the case was within the jurisdiction of the Italo-German Mixed Arbitral Tribunal.

Held: that the contention of the defendant...

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