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.

tions.

The "Compromis" likewise defines, if there is occasion,.. Further condi 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.

permanent court.

The Permanent Court is competent to settle the "Com- Settlement by promis," if the parties are agreed to have recourse to it for the purpose.

one power.

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

by

arbitration treat

1. A dispute covered by a general Treaty of Arbitra- Disputes under tion concluded or renewed after the present Convention ies. 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, Exception. 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 Contract debts. 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.

commission.

In the cases contemplated in the preceding Article, the Selection of "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

par

bitrators.

The duties of Arbitrator may be conferred on one Arbi- Selection of artrator alone or on several Arbitrators selected by the ties as they please, or chosen by them from the members of the Permanent Court of Arbitration established by the present Convention.

28872°-S. Doc. 306, 62–2—38

Disagreements.

Arbitration by

Failing the constitution of the Tribunal by direct agree ment 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 a sovereign, etc. Arbitrator, the arbitration procedure is settled by him.

President tribunal.

ARTICLE 57.

of The Umpire is President of the Tribunal ex officio.
When the Tribunal does not include an Umpire, it ap-
points its own President.

Tribunal formed by commission.

Vacancies.

Sessions.

Selection of language.

Agents.

Council.

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.

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. Restriction on 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.

members of permanent court.

ARTICLE 63.

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

The pleadings consist in the communication by the re- Pleadings. spective 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."

time.

The time fixed by the "Compromis" may be extended Extension of 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 consist in the oral development before the Tribunal of the arguments of the parties.

ARTICLE 64.

Oral discussions.

Exchange

of

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

ARTICLE 65.

bunal.

Unless special circumstances arise, the Tribunal does Meeting of trinot 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.

Discussions.

Public.

Record.

ARTICLE 67.

cussions.

After the close of the pleadings, the Tribunal is entitled Limiting 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 or 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.

Admission new evidence.

dis

of

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 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.

Decisions final. 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.

Questions by arbitrators.

Competence of tribunal.

Special rules.

Information to be furnished.

Serving notice in other countries.

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 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.

quests.

The requests for this purpose are to be executed as far Executing 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.

sions.

re

When the agents and counsel of the parties have sub-Close of discusmitted 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 Finality. of the parties, settles the dispute definitely and without

appeal.

ARTICLE 82.

interpretation.

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

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.