Convention (II) for the Pacific Settlement of International Disputes

 

Article 59

Should one of the Arbitrators either die, retire, or be unable for
any reason whatever to discharge his functions, the same procedure is
followed for filling the vacancy as was followed for appointing him.

Article 60

The Tribunal sits at The Hague, unless some other place is selected
by the parties.

The Tribunal can only sit in the territory of a third Power with
the latter’s consent.

The place of meeting once fixed cannot be altered by the Tribunal,
except with the consent of the parties.

Article 61

If the question as to what languages are to be used has not been
settled by the `Compromis’, it shall be decided by the Tribunal.

Article 62

The parties are entitled to appoint special agents to attend the
Tribunal to act as intermediaries between themselves and the Tribunal.

They are further authorized to retain for the defence of their
rights and interests before the Tribunal counsel or advocates appointed
by themselves for this purpose.

The Members of the permanent Court may not act as agents, counsel,
or advocates except on behalf of the Power which appointed them Members
of the Court.

Article 63

As a general rule, arbitration procedure comprises two distinct
phases: pleadings and oral discussions.

The pleadings consist in the communication by the respective agents
to the members of the Tribunal and the opposite party of cases, counter-
cases, and, if necessary, of replies; the parties annex thereto all
papers and documents called for in the case. This communication shall be
made either directly or through the intermediary of the International
Bureau, in the order and within the time fixed by the `Compromis’.

The time fixed by the `Compromis’ may be extended by mutual
agreement by the parties, or by the Tribunal when the latter considers
it necessary for the purpose of reaching a just decision.

The discussions consists in the oral development before the
Tribunal of the arguments of the parties.

Article 64

A certified copy of every document produced by one party must be
communicated to the other party.

Article 65

Unless special circumstances arise, the Tribunal does not meet
until the pleadings are closed.

Article 66

The discussions are under the control of the President. They are
only public if it be so decided by the Tribunal, with the assent of the
parties.

They are recorded in minutes drawn up by the Secretaries appointed
by the President. These minutes are signed by the President and by one
of the Secretaries and alone have an authentic character.

Article 67

After the close of the pleadings, the Tribunal is entitled to
refuse discussion of all new papers or documents which one of the parties
may wish to submit to it without the consent of the other party.

Article 68

The Tribunal is free to take into consideration new papers of
documents to which its attention may be drawn by the agents or counsel
of the parties.

In this case, the Tribunal has the right to require the production
of these papers or documents, but is obliged to make them known to the
opposite party.

Article 69

The Tribunal can, besides, require from the agents of the parties
the production of all papers, and can demand all necessary explanations.
In case of refusal the Tribunal takes note of it.

Article 70

The agents and the counsel of the parties are authorized to present
orally to the Tribunal all the arguments they may consider expedient in
defence of their case.

Article 71

They are entitled to raise objections and points. The decisions of
the Tribunal on these points are final and cannot form the subject of any
subsequent discussion.

Article 72

The members of the Tribunal are entitled to put questions to the
agents and counsel of the parties, and to ask them for explanations on
doubtful points.

Neither the questions put, nor the remarks made by members of the
Tribunal in the course of the discussions, can be regarded as an
expression of opinion by the Tribunal in general or by its members in
particular.

Article 73

The Tribunal is authorized to declare its competence in
interpreting the `Compromis’, as well as the other Treaties which may be
invoked, and in applying the principles of law.

Article 74

The Tribunal is entitled to issue rules of procedure for the
conduct of the case, to decide the forms, order, and time in which each
party must conclude its arguments, and to arrange all the formalities
required for dealing with the evidence.

Article 75

The parties undertake to supply the Tribunal, as fully as they
consider possible, with all the information required for deciding the
case.

Article 76

For all notices which the Tribunal has to serve in the territory
of a third Contracting Power, the Tribunal shall apply direct to the
Government of that Power. The same rule applies in the case of steps
being taken to procure evidence on the spot.

The requests for this purpose are to be executed as far as the
means at the disposal of the Power applied to under its municipal law
allow. They cannot be rejected unless the Power in question considers
them calculated to impair its own sovereign rights or its safety.

The Court will equally be always entitled to act through the Power
on whose territory it sits.

Article 77

When the agents and counsel of the parties have submitted all the
explanations and evidence in support of their case the President shall
declare the discussion closed.

Article 78

The Tribunal considers its decisions in private and the proceedings
remain secret.

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

Article 79

The Award must give the reasons on which it is based. It contains
the names of the Arbitrators; it is signed by the President and Registrar
or by the Secretary acting as Registrar.

Article 80

The Award is read out in public sitting, the agents and counsel of
the parties being present or duly summoned to attend.

Article 81

The Award, duly pronounced and notified to the agents of the
parties, settles the dispute definitively and without appeal.

Article 82

Any dispute arising between the parties as to the interpretation
and execution of the Award shall, in the absence of an Agreement to the
contrary, be submitted to the Tribunal which pronounced it.

 

Author: international