« PreviousContinue »
to have recourse to the Permanent Court, can only be regarded as in the nature of good offices.
In case of dispute between two Powers one of them may always address to the International Bureau a note containing a declaration that it would be ready to submit the dispute to the 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 acts 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 business 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 staff, and the expenditure. The Report likewise contains a summary of the more important contents of the documents communicated 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 acceding Powers shall be reckoned from the date on which their accession takes effect.
Chapter III — Arbitration Procedure
Article 51 With a view of encouraging the development of arbitration, the Contracting Powers have agreed on the following rules, which are to apply to arbitration procedure except in so far as other rules shall 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 for it, the manner of appointing Arbitrators, any special powers which may eventually belong to the Tribunal, the place of meeting 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
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 obligatory 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 subjects or citizens, and for the settlement of which the offer of arbitration has been accepted. This provision 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 á Commission consisting of five members selected in the manner laid down in Article 45, paragraphs 3 to 6.
The fifth member is ex officio President of the Commission.
Article 55 The duties of Arbitrator may be conferred on a single Arbitrator 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 composition 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.
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 default of agreement to the contrary, the Commission itself shall form the Arbitration Tribunal.
Article 59 Should one of the Arbitrators either die, resign, or be unable for any reason whatever to act, the same procedure is followed in filling his place which was followed in appointing him.
Article 60 The Tribunal meets at The Hague, unless some other place is selected by the parties. The Tribunal may only meet in the territory of a third Power
a with the latter's consent.
The place of meeting once fixed cannot be altered by the Tribunal, except with the assent of the parties.
Article 61 Unless the Compromis has specified the languages to be employed, the question shall be decided by the Tribunal.
Article 62 The parties are entitled to appoint special agents to attend the Tribunal, whose duty it is 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 them for the purpose.
The members of the Permanent Court may not act as agents, counsel, or advocates except on behalf of the Power which has appointed them members of the Court.
Article 63 As a general rule, arbitration procedure comprises two distinct phases: written pleadings and viva voce discussions.
The written pleadings consist of the communication by the respective agents to the members of the Tribunal and the opposing party, of cases, counter-cases, and, if necessary, of replies; the parties annex thereto all papers and documents referred to in the cause. 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 between the parties, or by the Tribunal when the latter considers it necessary for the purpose of reaching a just decision.
The discussions consist of the vivâ voce arguments of the parties before the Tribunal.
A duly certified copy of every document produced by one party must be communicated to the other party.
Unless special circumstances arise, the Tribunal does not meet until the pleadings are closed.
The discussions are under the directions of the President.
They are not public unless 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 are the only authentic record.
After the close of the pleadings, the Tribunal is entitled to exclude from the discussion all fresh papers or documents which one party may wish to submit to it without the consent of the other.