I A.—What was the value, on July 3rd, 1922, expressed inReichsmarks current at the present time, of the undertaking for the manufacture of nitrate products of which the factory was situated at Chorzów in Polish Upper Silesia, in the state in which that undertaking (including the lands, buildings, equipment, stocks and processes at its disposal, supply and delivery contracts, goodwill and future prospects) was, on the date indicated, in the hands of the Bayerische and Oberschlesische Stickstoffwerke ?
B.—What would have been the financial results, expressed in Reichsmarks current at the present time (profits or losses), which would probably have been given by the undertaking thus constituted from July 3rd, 1922, to the date of the present judgment, if it had been in the hands of the said Companies ?
II.—What would be the value at the date of the present judgment, expressed in Reichsmarks current at the present time, of the same undertaking (Chorzów) if that undertaking (including lands, buildings, equipment, stocks, available processes, supply and delivery contracts, goodwill and future prospects) had remained in the hands of the Bayerische and Oberschlesische Stickstoffwerke, and had either remained substantially as it was in 1922, or been developed proportionately on lines similar to those applied in the case of other undertakings of the same kind, controlled by the Bayerische, for instance, the undertaking of which the factory is situated at Piesteritz ?
"I solemnly declare that I will perform the duties of expert (assessor) entrusted to me by virtue of the Order of the Permanent Court of International Justice dated September 13th, 1928, honourably and faithfully, impartially and conscientiously, and that I will abstain from divulging or turning to my own use any secrets of an economic or technical nature which may come to my knowledge in the performance of this task."
Each Party shall pay the expenses and fees of the assessor appointed by it. All other fees, costs and expenses, including secretariat and establishment expenses, as also expenses for the services of technical staff which the committee may secure with the consent of the President of the Court, shall be advanced by the Court and refunded by the Parties in the proportion to be fixed by the Court in accordance with Article 64 of the Statute.
The Parties are invited to pay to the Registrar of the Court, within fifteen days from the date of this Order, the sum of 25,000 florins each on account towards the expenses of the expert enquiry.
Done in French and English, the French text being authoritative, at the Peace Palace, The Hague, this thirteenth day of September, nineteen hundred and twenty-eight, in three copies, one of which shall be placed in the archives of the Court, and the others forwarded to the Agents of the German Government and of the Polish Government respectively.
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