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votes are considered elected. The delegation elects its own President, who, in default of a majority, is appointed by lot.
A member of the delegation cannot act when the Power which appointed him, or to which he belongs, is one of the parties.
The members of the delegation shall wind up the business submitted to them, even if the period for which they have been appointed Judges has expired.
Article 7 A Judge may not act judicially in any case in which he has, in any way whatever, taken part in the decision of a National Tribunal, of a Tribunal of Arbitration, or of a Commission of Inquiry, or has figured in the suit as counsel or advocate for one of the parties.
A Judge cannot act as agent or advocate before the Judicial Arbitration Court or the Permanent Court of Arbitration, before a Special Tribunal of Arbitration or a Commission of Inquiry, nor act therein for one of the parties in any capacity whatsoever so long as his appointment lasts.
Article 8 The Court elects its President and Vice-President by an absolute majority of the votes cast. After two ballots, the election is made by a bare majority and, in case the votes are equal, by lot.
Article 9 The Judges of the Judicial Arbitration Court receive an annual salary of 6,000 Netherland florins. This salary is paid at the end of each half-year, reckoned from the date on which the Court meets for the first time.
In the exercise of their duties during the sessions or in the special cases covered by the present Convention, they receive the sum of 100 florins per diem. They are further entitled to receive a travelling allowance fixed in accordance with the Regulations existing in their own country. The provisions of the present paragraph are applicable also to a Deputy Judge when acting for a Judge.
These emoluments are included in the general expenses of the Court dealt with in Article 33, and are paid through the International Bureau created by the Convention for the Pacific Settlement of International Disputes.
Article 10 The Judges may not accept from their own Government or from that of any other Power any remuneration for services connected with their duties in their capacity of members of the Court.
Article 11 The seat of the Judicial Arbitration Court is at The Hague, and cannot be transferred elsewhere, except in circumstances beyond its control.
The delegation may choose, with the assent of the parties concerned, another place of meeting, if special circumstances render such a step necessary.
The Administrative Council fulfils the same functions with regard to the Judicial Arbitration Court as with regard to the Permanent Court of Arbitration.
Article 13 The International Bureau acts as registry to the Judicial Arbitration Court, and shall place its offices and staff at the disposal of the Court. It has the custody of the archives and carries out the administrative work.
The Secretary-General of the Bureau acts as Registrar.
The necessary secretaries to assist the Registrar, translators and shorthand writers are appointed and sworn in by the Court.
The session opens the third Wednesday in June and lasts until all the business on the agenda has been transacted.
The Court does not meet in session if the delegation considers that such meeting is unnecessary. A Power may insist that the session shall be held if it is party in a case actually pending before the Court, the pleadings in which are closed, or about to be closed.
When necessary, the delegation may summon the Court in extraordinary session.
Article 15 A Report of the work of the Court shall be drawn up every year by the delegation. This Report shall be forwarded to the Contracting Powers through the International Bureau. It shall also be communicated to the Judges and Deputy Judges of the Court.
Article 16 The Judges and Deputy Judges of the Judicial Arbitration Court may also be appointed Judges and Deputy Judges in the International Prize Court.
JURISDICTION AND PROCEDURE
Article 17 The Judicial Arbitration Court can deal with all cases submitted to it, in virtue either of a general undertaking to have recourse to arbitration or of a special agreement.
Article 18 The delegation can
(1) Decide the cases of arbitration referred to in the preceding Article, if the parties agree upon the application of the summary procedure, laid down in Part IV, Chapter IV, of the Convention for the Pacific Settlement of International Disputes;
(2) Hold an inquiry under and in accordance with Part III of the said Convention, in so far as such an inquiry is intrusted to the delegation by the joint accord of the parties. With the assent of the parties, and as an exception to Article 7, paragraph 1, the members of the delegation who have taken part in the inquiry may sit as Judges, if the case in dispute is submitted to the arbitration of the Court or of the delegation itself.
Article 19 The delegation can also settle the Compromis referred to in Article 52 of the Convention for the Pacific Settlement of International Disputes if the parties are agreed to have recourse to the Court for the purpose.
It can also do so, 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 case of —
(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 jurisdiction of the delegation. 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 questions 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 the acceptance is subject to the condition that the Compromis should be settled in some other way.
Article 20 Each of the parties concerned may nominate a Judge of the Court to take part, with power to vote, in the examination of the case submitted to the delegation.
If the delegation acts as a Commission of Inquiry, this task may be intrusted to persons other than the Judges of the Court. The travelling expenses and remuneration to be given to the said persons are fixed and borne by the Powers appointing them.
Article 21 The Contracting Powers alone may have access to the Judicial Arbitration Court set up by the present Convention.
Article 22 The Judicial Arbitration Court follows the rules of procedure laid down in the Convention for the Pacific Settlement of International Disputes, except in so far as the procedure is prescribed in the present Convention.
Article 23 The Court determines which language it shall use and the languages the employment of which shall be authorized before it.
Article 24 The International Bureau serves as channel for all communications which may have to be made to the Judges during the interchange of pleadings provided for in Article 63, paragraph 2, of the Convention for the Pacific Settlement of International Disputes.
Article 25 For the service of all notices, in particular on the parties, witnesses, or experts, the Court may apply direct to the Government of the State on the territory of which the service is to be carried out. The same principle applies in the case of steps being taken to procure evidence.
Requests for this purpose can only be rejected when the Power applied to considers them. calculated to impair its sovereign rights or its safety. If the request is complied with, the fees charged must only comprise the expenses actually incurred.
The Court is equally entitled to act through the Power within the territory of which it is meeting.
Notices to be given to parties in the place where the Court sits may be served through the International Bureau.
Article 26 The discussions are under the direction of the President or Vice-President, or, in case they are absent or cannot act, of the senior Judge present.
The Judge appointed by either party cannot preside.