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Article 68 The Tribunal is free to take into consideration fresh papers or documents to which its attention may be drawn by the agents or counsel of the parties.
In that case, the Tribunal has the right to require the production of such papers or documents, but is obliged to make them known to the opposing party.
Article 69 The Tribunal may also call upon the agents of the parties to furnish all necessary papers and explanations. The Tribunal takes note of any refusal.
Article 70 The agents and the counsel of the parties are authorized to present verbally to the Tribunal all the arguments they may consider expedient in support of their case.
Article 71 They are entitled to raise objections and points. The decisions of the Tribunal thereon 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 discussion, are to be regarded as an expression of opinion by the Tribunal as a whole or by its members in particular.
Article 73 The Tribunal is authorized to determine its own competence in interpreting the Compromis as well as the other Acts and documents which may be appealed to in the matter, and in applying the principles of law.
Article 74 The Tribunal is entitled to make orders of procedure for the conduct of the case, to decide the forms, order, and time in which each party must present its final arguments, and to arrange all the formalities required for taking evidence.
The parties undertake to supply the Tribunal, within the widest limits they may think practicable, with all the information required for deciding the dispute.
Article 76 For the service of all notices by the Tribunal in the territory of a third Contracting Power, the Tribunal shall apply direct to the Government of such Power. The same principle shall apply in the case of steps being taken on the spot in order to procure evidence.
Requests for this purpose are to be executed as far as the means which the Power applied to possesses under municipal law allow. They cannot be rejected unless the Power in question considers them likely to impair its sovereign rights or its safety.
The Tribunal will also be entitled in all cases to act through the Power within the territory of which it meets.
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.
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.
The Award must state the reasons on which it is based. It recites the names of the Arbitrators and is signed by the President and by the Registrar, or the Secretary acting as Registrar.
The Award is read in open Court, 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 definitely and without appeal.
Any difference arising between the parties as to the interpretation and execution of the Award shall, in default of agreement to the contrary, be submitted to the decision of the Tribunal which pronounced the Award.
Article 83 The parties may in the Compromis reserve the right to demand the revision of the Award.
In that case and in default of agreement to the contrary, the demand must be addressed to the Tribunal which pronounced the Award. Such demand may only be made on the ground of the discovery of some new fact which is calculated to exercise a decisive influence upon the Award, and which, at the time when the discussion was closed, was unknown to the Tribunal and to the party demanding revision.
Proceedings for revision can only be instituted on 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 to the proceedings.
When there is a question as to the interpretation of a Convention of which other Powers are signatories, the parties to the proceedings shall inform all the Signatory Powers in good time. Each of these Powers is entitled to intervene in the proceeding. If one or more avail themselves of the right, the interpretation given by 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
With a view of 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 with the reservation that the provisions of Chapter III apply so far as they are not inconsistent with these rules.
Each of the contending parties 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 of the nationality of either of them; which of the candidates thus proposed shall be the Umpire is then determined by lot.
The Umpire presides over the Tribunal. Decisions are given by a majority of votes.
Article 88 In default of previous agreement, the Tribunal, when constituted, settles the time within which the two parties shall 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 appointing him.
Article 90 The proceedings are conducted exclusively in writing. Each party, however, is entitled to demand the calling of witnesses and experts. The Tribunal, on its part, has the right to ask for viva voce 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 Protocol 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 Protocol relating to the first