Convention (II) for the Pacific Settlement of International Disputes

 

Article 83

The parties can reserve in the `Compromis’ the right to demand the
revision of the Award.

In this case and unless there be an Agreement to the contrary, the
demand must be addressed to the Tribunal which pronounced the Award. It
can only be made on the ground of the discovery of some new fact
calculated to exercise a decisive influence upon the Award and which was
unknown to the Tribunal and to the party which demanded the revision at
the time the discussion was closed.

Proceedings for revision can only be instituted by a decision of
the Tribunal expressly recording the existence of the new fact,
recognizing in it the character described in the preceding paragraph, and
declaring the demand admissible on this ground.

The `Compromis’ fixes the period within which the demand for
revision must be made.

Article 84

The Award is not binding except on the parties in dispute.

When it concerns the interpretation of a Convention to which Powers
other than those in dispute are parties, they shall inform all the
Signatory Powers in good time. Each of these Powers is entitled to
intervene in the case. If one or more avail themselves of this right, the
interpretation contained in the Award is equally binding on them.

Article 85

Each party pays its own expenses and an equal share of the expenses
of the Tribunal.

Chapter IV. Arbitration by Summary Procedure

Article 86

With a view to facilitating the working of the system of
arbitration in disputes admitting of a summary procedure, the Contracting
Powers adopt the following rules, which shall be observed in the absence
of other arrangements and subject to the reservation that the provisions
of Chapter III apply so far as may be.

Article 87

Each of the parties in dispute appoints an Arbitrator. The two
Arbitrators thus selected choose an Umpire. If they do not agree on this
point, each of them proposes two candidates taken from the general list
of the Members of the Permanent Court exclusive of the members appointed
by either of the parties and not being nationals of either of them; which
of the candidates thus proposed shall be the Umpire is determined by lot.

The Umpire presides over the Tribunal, which gives its decisions
by a majority of votes.

Article 88

In the absence of any previous agreement the Tribunal, as soon as
it is formed, settles the time within which the two parties must submit
their respective cases to it.

Article 89

Each party is represented before the Tribunal by an agent, who
serves as intermediary between the Tribunal and the Government who
appointed him.

Article 90

The proceedings are conducted exclusively in writing. Each party,
however, is entitled to ask that witnesses and experts should be called.
The Tribunal has, for its part, the right to demand oral explanations
from the agents of the two parties, as well as from the experts and
witnesses whose appearance in Court it may consider useful.

Part V. Final Provisions

Article 91

The present Convention, duly ratified, shall replace, as between
the Contracting Powers, the Convention for the Pacific Settlement of
International Disputes of the 29th July, 1899.

Article 92

The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

The first deposit of ratifications shall be recorded in a procès-
verbal signed by the Representatives of the Powers which take part
therein and by the Netherland Minister for Foreign Affairs.

The subsequent deposits of ratifications shall be made by means of
a written notification, addressed to the Netherland Government and
accompanied by the instrument of ratification.

A duly certified copy of the procès-verbal relative to the first
deposit of ratifications, of the notifications mentioned in the preceding
paragraph, and of the instruments of ratification, shall be immediately
sent by the Netherland Government, through the diplomatic channel, to the
Powers invited to the Second Peace Conference, as well as to those Powers
which have adhered to the Convention. In the cases contemplated in the
preceding paragraph, the said Government shall at the same time inform
the Powers of the date on which it received the notification.

Article 93

Non-Signatory Powers which have been invited to the Second Peace
Conference may adhere to the present Convention.

The Power which desires to adhere notifies its intention in writing
to the Netherland Government, forwarding to it the act of adhesion, which
shall be deposited in the archives of the said Government.

This Government shall immediately forward to all the other Powers
invited to the Second Peace Conference a duly certified copy of the
notification as well as of the act of adhesion, mentioning the date on
which it received the notification.

Article 94

The conditions on which the Powers which have not been invited to
the Second Peace Conference may adhere to the present Convention shall
form the subject of a subsequent Agreement between the Contracting
Powers.

Article 95

The present Convention shall take effect, in the case of the Powers
which were not a party to the first deposit of ratifications, sixty days
after the date of the procès-verbal of this deposit, and, in the case of
the Powers which ratify subsequently or which adhere, sixty days after
the notification of their ratification or of their adhesion has been
received by the Netherland Government.

Article 96

In the event of one of the Contracting Parties wishing to denounce
the present Convention, the denunciation shall be notified in writing to
the Netherland Government, which shall immediately communicate a duly
certified copy of the notification to all the other Powers informing them
of the date on which it was received.

The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.

Article 97

A register kept by the Netherland Minister for Foreign Affairs
shall give the date of the deposit of ratifications effected in virtue
of Article 92, paragraphs 3 and 4, as well as the date on which the
notifications of adhesion (Article 93, paragraph 2) or of denunciation
(Article 96, paragraph 1) have been received.

Each Contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.

In faith whereof the Plenipotentiaries have appended their
signatures to the present Convention.

Done at The Hague, the 18th October 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government, and
duly certified copies of which shall be sent, through the diplomatic
channel, to the Contracting Powers.

Author: international