directly or indirectly, the carrying out of the works for which the claimant of course, such disputes resulted out of the grant of the Rutenberg which modifications to be made in the Treaty were discussed. Agreement regarding the water concession ; M. Mavrommatis is referred to in both concessions as an Ottoman subject, In February and March, 1922, diplomatic conferences The the same time, however, the Colonial Office, referring to its letters of within the time fixed in the agreement of September 21st, 1921, claimed the -much later in date than the letters of MM. pay the beneficiary a lump sum by way of compensation"; [132] The Court cannot accept this view. conditions of peace in the Near East. default of agreement be determined by arbitration between the owner or That Article 4 of the Protocol signed at Lausanne on July 23rd, 1923, having heard the observations and conclusions of the Parties, not ask for the annulment of valid pre-existing concessions covering the [70] The Mavrommatis concessions, having been recognized as valid, must, if agreement of September 21st, 1921, but also on the Company which he had These contracts may be dissolved on the request of possess any claims which the Palestine Government would be bound to consequently the matter could not be settled by the submission by M. he has not applied the contract. of the real beneficiaries and not on the mere legal national status of the The fact that than Turkey. in London, requesting it to take the necessary steps with a view to subsequent agreements referred to in Article 1 shall, by agreement, and as to perform the acts which he actually did perform in order to preserve his by the Ottoman Government or by local authorities was dependent would have Powers other than Turkey is preponderant, holding concessionary contracts, Now it is common ground that M. Mavrommatis is a Greek subject water in the city of Jaffa and the irrigation of its gardens from the waters obligations contemplated in Article 11 of the Mandate. it remains to be considered whether the fact that M. Mavrommatis is No doubt M. Mavrommatis was bound of the full power bestowed upon the Palestine Administration "to provide for and the right to obtain, should he so desire, dissolution of the contract supply of electric light and power and of drinking water in the city of documents on which M. Mavrommatis based his claims to concessionary rights [39] On November 16th, M. Mavrommatis replied as follows: (1) that he was regarding both the settlement of accounts and the readaptation of [80] On the other hand, the Greek Government considers that the latter Mavrommatis had arranged with the Banque Perier on March 3rd, 1914 -very made by the British Government to this interpretation, to the effect that if negotiations. this letter, it was a question only of resuming negotiations and this on II. If the answer to this M. Rutenberg, for "(1) that the validity of the Mavrommatis concessions is established; that M. Mavrommatis was prepared to form the company or companies required to the Treaty of Lausanne. will it examine the bearing from a juridical point of view of the [69] The Respondent also reserved to himself the right to raise the question paid to M. Mavrommatis. procedure." the times for the deposit of further documents of the written proceedings." Mavrommatis of fresh plans but only by arbitration ; and (2) that the plans less rigid term than "execution ; and this may be the reason which led to for their necessary development including survey and general expenses, the works necessary for the supply of drinking water", were signed between [122] In order to determine M. Mavrommatis' position in relation to the follows : cases of this kind. Jerusalem: (1) to inform him of the despatch of a copy of the definitive accepted by the Mandatory for Palestine; [108] The Court will first consider the former of these arguments. have been incumbent on the Greek Government to prove that, since that time, [138] M. Altamira declares that he is unable to concur in the judgment the terms of the contract should have been fixed. August 10th, 1920. alleging the war as a case of circumstances beyond his control, that the Several of the obligations which he had undertaken itself, existed already from the moment when the Mandate came into force, And when, by its letter of December 2nd of the same year, the He also desired (1) to be informed within a limited [30] It is a fact that the application provided for in the agreement of deposit for the obligations accepted by him under the Agreement relating to All Rights Reserved.date: 08 October 2020. is taking in this regard. however, stated on November 14th, 1922, that these observations did not concessions has not been rendered impossible, the Agreement of September 1921, and (2), if this was not the case, to hear that his plans and with the conclusion of peace." at the disposal of the City, the three other copies ; (3) to request, (Signed) Max Hubek, And the same Bank had, Court to decide as follows: (old style), the date of the declaration of the war in question, and ending proved; the water concession because the Military Administration had been obliged to Protocol." be paid in accordance with existing contracts or agreements or, in default In his of Sévres would never come into force, the negotiations which resulted in That no loss to M. Mavrommatis, resulting from this circumstance, has been first place, M. Mavrommatis, who in the concessions was described as an survey and investigation works, as, in default of agreement between the M. Mavrommatis to proceed with his concessions. Crisp noted that the validity of On May 25th the Colonial Office asked for copies of the [37] It has been contended on behalf of the applicant that this letter had

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