Convention (II) for the Pacific Settlement of International Disputes 2

Convention (II) for the Pacific Settlement of International Disputes

 

Article 27

The witness must give his evidence without being allowed to read
any written draft. He may, however, be permitted by the President to
consult notes or documents if the nature of the facts referred to
necessitates their employment.

Article 28

A Minute of the evidence of the witness is drawn up forthwith and
read to the witness. The latter may make such alterations and additions
as he thinks necessary, which will be recorded at the end of his
statement.

When the whole of his statement has been read to the witness, he
is asked to sign it.

Article 29

The agents are authorized, in the course of or at the close of the
inquiry, to present in writing to the Commission and to the other party
such statements, requisitions, or summaries of the facts as they consider
useful for ascertaining the truth.

Article 30

The Commission considers its decisions in private and the
proceedings are secret.

All questions are decided by a majority of the members of the
Commission.

If a member declines to vote, the fact must be recorded in the
Minutes.

Article 31

The sittings of the Commission are not public, nor the Minutes and
documents connected with the inquiry published except in virtue of a
decision of the Commission taken with the consent of the parties.

Article 32

After the parties have presented all the explanations and evidence,
and the witnesses have all been heard, the President declares the inquiry
terminated, and the Commission adjourns to deliberate and to draw up its
Report.

Article 33

The Report is signed by all the members of the Commission.

If one of the members refuses to sign, the fact is mentioned; but
the validity of the Report is not affected.

Article 34

The Report of the Commission is read at a public sitting, the
agents and counsel of the parties being present or duly summoned.

A copy of the Report is given to each party.

Article 35

The Report of the Commission is limited to a statement of facts,
and has in no way the character of an Award. It leaves to the parties
entire freedom as to the effect to be given to the statement.

Article 36

Each party pays its own expenses and an equal share of the expenses
incurred by the Commission.

Part IV. International Arbitration

Chapter I. The System of Arbitration

Article 37

International arbitration has for its object the settlement of
disputes between States by Judges of their own choice and on the basis
of respect for law.

Recourse to arbitration implies an engagement to submit in good
faith to the Award.

Article 38

In questions of a legal nature, and especially in the
interpretation or application of International Conventions, arbitration
is recognized by the Contracting Powers as the most effective, and, at
the same time, the most equitable means of settling disputes which
Diplomacy has failed to settle.

Consequently, it would be desirable that, in disputes about the
above-mentioned questions, the Contracting Powers should, if the case
arose, have recourse to arbitration, in so far as circumstances permit.

Article 39

The Arbitration Convention is concluded for questions already
existing or for questions which may arise eventually.

It may embrace any dispute or only disputes of a certain category.

Article 40

Independently of general or private Treaties expressly stipulating
recourse to arbitration as obligatory on the Contracting Powers, the said
Powers reserve to themselves the right of concluding new Agreements,
general or particular, with a view to extending compulsory arbitration
to all cases which they may consider it possible to submit to it.

Chapter II. The Permanent Court of Arbitration

Article 41

With the object of facilitating an immediate recourse to
arbitration for international differences, which it has not been possible
to settle by Diplomacy , the Contracting Powers undertake to maintain the
Permanent Court of Arbitration , as established by the First Peace
Conference, accessible at all times, and operating, unless otherwise
stipulated by the parties, in accordance with the rules of procedure
inserted in the present Convention.

Article 42

The Permanent Court is competent for all arbitration cases, unless
the parties agree to institute a special Tribunal.

Article 43

The Permanent Court sits at The Hague.

An International Bureau serves as registry for the Court. It is the
channel for communications relative to the meetings of the Court; it has
charge of the archives and conducts all the administrative business.

The Contracting Powers undertake to communicate to the Bureau, as
soon as possible, a certified copy of any conditions of arbitration
arrived at between them and of any Award concerning them delivered by a
special Tribunal.

They likewise undertake to communicate to the Bureau the laws,
regulations, and documents eventually showing the execution of the Awards
given by the Court.

Article 44

Each Contracting Power selects four persons at the most, of known
competency in questions of international law, of the highest moral
reputation, and disposed to accept the duties of Arbitrator.

The persons thus elected are inscribed, as Members of the Court,
in a list which shall be notified to all the Contracting Powers by the
Bureau.

Any alteration in the list of Arbitrators is brought by the Bureau
to the knowledge of the Contracting Powers.

Two or more Powers may agree on the selection in common of one or
more Members.

The same person can be selected by different Powers. The Members
of the Court are appointed for a term of six years. These appointments
are renewable.

Should a Member of the Court die or resign, the same procedure is
followed for filling the vacancy as was followed for appointing him. In
this case the appointment is made for a fresh period of six years.

Article 45

When the Contracting Powers wish to have recourse to the Permanent
Court for the settlement of a difference which has arisen between them,
the Arbitrators called upon to form the Tribunal with jurisdiction to
decide this difference must be chosen from the general list of Members
of the Court.

Failing the direct agreement of the parties on the composition of
the Arbitration Tribunal, the following course shall be pursued:

Each party appoints two Arbitrators, of whom one only can be its
national or chosen from among the persons selected by it as Members of
the Permanent Court. These Arbitrators together choose an Umpire.

If the votes are equally divided, the choice of the Umpire is
intrusted to a third Power, selected by the parties by common accord.

If an agreement is not arrived at on this subject each party
selects a different Power, and the choice of the Umpire is made in
concert by the Powers thus selected.

If, within two months’ time, these two Powers cannot come to an
agreement, each of them presents two candidates taken from the list of
Members of the Permanent Court, exclusive of the members selected by the
parties and not being nationals of either of them. Drawing lots
determines which of the candidates thus presented shall be Umpire.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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