Convention (II) for the Pacific Settlement of International Disputes 3

Convention (II) for the Pacific Settlement of International Disputes

 

Article 46

The Tribunal being thus composed, the parties notify to the Bureau
their determination to have recourse to the Court, the text of their
`Compromis’, and the names of the Arbitrators.

The Bureau communicates without delay to each Arbitrator the
`Compromis’, and the names of the other members of the Tribunal.

The Tribunal assembles at the date fixed by the parties. The Bureau
makes the necessary arrangements for the meeting.

The members of the Tribunal, in the exercise of their duties and
out of their own country , enjoy diplomatic privileges and immunities.

Article 47

The Bureau is authorized to place its offices and staff at the
disposal of the Contracting Powers for the use of any special Board of
Arbitration.

The jurisdiction of the Permanent Court may, within the conditions
laid down in the regulations, be extended to disputes between non-
Contracting Powers or between Contracting Powers and non-Contracting
Powers, if the parties are agreed on recourse to this Tribunal.

Article 48

The Contracting Powers consider it their duty, if a serious dispute
threatens to break out between two or more of them, to remind these
latter that the Permanent Court is open to them.

Consequently, they declare that the fact of reminding the parties
at variance of the provisions of the present Convention, and the advice
given to them, in the highest interests of peace, to have recourse to the
Permanent Court, can only be regarded as friendly actions.

In case of dispute between two Powers, one of them can always
address to the International Bureau a note containing a declaration that
it would be ready to submit the dispute to arbitration.

The Bureau must at once inform the other Power of the declaration.

Article 49

The Permanent Administrative Council, composed of the Diplomatic
Representatives of the Contracting Powers accredited to The Hague and of
the Netherland Minister for Foreign Affairs, who will act as President,
is charged with the direction and control of the International Bureau.

The Council settles its rules of procedure and all other necessary
regulations.

It decides all questions of administration which may arise with
regard to the operations of the Court.

It has entire control over the appointment, suspension, or
dismissal of the officials and employés of the Bureau.

It fixes the payments and salaries, and controls the general
expenditure.

At meetings duly summoned the presence of nine members is
sufficient to render valid the discussions of the Council. The decisions
are taken by a majority of votes.

The Council communicates to the Contracting Powers without delay
the regulations adopted by it. It furnishes them with an annual Report
on the labours of the Court, the working of the administration, and the
expenditure. The Report likewise contains a résumé of what is important
in the documents comunicated to the Bureau by the Powers in virtue of
Article 43, paragraphs 3 and 4.

Article 50

The expenses of the Bureau shall be borne by the Contracting Powers
in the proportion fixed for the International Bureau of the Universal
Postal Union.

The expenses to be charged to the adhering Powers shall be reckoned
from the date on which their adhesion comes into force.

Chapter III. Arbitration Procedure

Article 51

With a view to encouraging the development of arbritation, the
Contracting Powers have agreed on the following rules, which are
applicable to arbitration procedure, unless other rules have been agreed
on by the parties.

Article 52

The Powers which have recourse to arbitration sign a `Compromis’,
in which the subject of the dispute is clearly defined, the time allowed
for appointing Arbitrators, the form, order, and time in which the
communication referred to in Article 63 must be made, and the amount of
the sum which each party must deposit in advance to defray the expenses.

The `Compromis’ likewise defines, if there is occasion, the manner
of appointing Arbitrators, any special powers which may eventually belong
to the Tribunal, where it shall meet, the language it shall use, and the
languages the employment of which shall be authorized before it, and,
generally speaking, all the conditions on which the parties are agreed.

Article 53

The Permanent Court is competent to settle the `Compromis’, if the
parties are agreed to have recourse to it for the purpose.

It is similarly competent, even if the request is only made by one
of the parties, when all attempts to reach an understanding through the
diplomatic channel have failed, in the case of:

1. A dispute covered by a general Treaty of Arbitration concluded
or renewed after the present Convention has come into force, and
providing for a `Compromis’ in all disputes and not either explicitly or
implicitly excluding the settlement of the `Compromis’ from the
competence of the Court. Recourse cannot, however, be had to the Court
if the other party declares that in its opinion the dispute does not
belong to the category of disputes which can be submitted to compulsory
arbitration, unless the Treaty of Arbitration confers upon the
Arbitration Tribunal the power of deciding this preliminary question.

2. A dispute arising from contract debts claimed from one Power by
another Power as due to its nationals, and for the settlement of which
the offer of arbitration has been accepted. This arrangement is not
applicable if acceptance is subject to the condition that the `Compromis’
should be settled in some other way.

Article 54

In the cases contemplated in the preceding Article, the `Compromis’
shall be settled by a Commission consisting of five members selected in
the manner arranged for in Article 45, paragraphs 3 to 6.

The fifth member is President of the Commission ex officio.

Article 55

The duties of Arbitrator may be conferred on one Arbitrator alone
or on several Arbitrators selected by the parties as they please, or
chosen by them from the Members of the Permanent Court of Arbitration
established by the present Convention.

Failing the constitution of the Tribunal by direct agreement
between the parties, the course referred to in Article 45, paragraphs 3
to 6, is followed.

Article 56

When a Sovereign or the Chief of a State is chosen as Arbitrator,
the arbitration procedure is settled by him.

Article 57

The Umpire is President of the Tribunal ex officio.

When the Tribunal does not include an Umpire, it appoints its own
President.

Article 58

When the `Compromis’ is settled by a Commission, as contemplated
in Article 54, and in the absence of an agreement to the contrary, the
Commission itself shall form the Arbitration Tribunal.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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