1. This Convention shall apply to the recognition and enforcement of arbitral awards
made in the territory of a State other than the State where the recognition and
enforcement of such awards are sought, and arising out of differences between persons,
whether physical or legal. It shall also apply to arbitral awards not considered as
domestic awards in the State where their recognition and enforcement are sought.
2. The term "arbitral awards" shall include not only awards made by
arbitrators appointed for each case but also those made by permanent arbitral bodies to
which the parties have submitted.
3. When signing, ratifying or acceding to this Convention, or notifying extension under
article X hereof, any State may on the basis of reciprocity declare that it will apply the
Convention to the recognition and enforcement of awards made only in the territory of
another Contracting State. It may also declare that it will apply the Convention only to
differences arising out of legal relationships, whether contractual or not, which are
considered as commercial under the national law of the State making such declaration.
Article II
1. Each Contracting State shall recognize an agreement in writing under which the
parties undertake to submit to arbitration all or any differences which have arisen or
which may arise between them in respect of a defined legal relationship, whether
contractual or not, concerning a subject matter capable of settlement by arbitration.
2. The term "agreement in writing" shall include an arbitral clause in a
contract or an arbitration agreement, signed by the parties or contained in an exchange of
letters or telegrams.
3. The court of a Contracting State, when seized of an action in a matter in respect of
which the parties have made an agreement within the meaning of this article, shall, at the
request of one of the parties, refer the parties to arbitration, unless it finds that the
said agreement is null and void, inoperative or incapable of being performed.
Article III
Each Contracting State shall recognize arbitral awards as binding and enforce them in
accordance with the rules of procedure of the territory where the award is relied upon,
under the conditions laid down in the following articles. There shall not be imposed
substantially more onerous conditions or higher fees or charges on the recognition or
enforcement of arbitral awards to which this Convention applies than are imposed on the
recognition or enforcement of domestic arbitral awards.
Article IV
1. To obtain the recognition and enforcement mentioned in the preceding article, the
party applying for recognition and enforcement shall, at the time of the application,
supply:
(a) The duly authenticated original award or a duly certified copy thereof;
(b) The original agreement referred to in article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an official language of the country in
which the award is relied upon, the party applying for recognition and enforcement of the
award shall produce a translation of these documents into such language. The translation
shall be certified by an official or sworn translator or by a diplomatic or consular
agent.
Article V
1. Recognition and enforcement of the award may be refused, at the request of the party
against whom it is invoked, only if that party furnishes to the competent authority where
the recognition and enforcement is sought, proof that:
(a) The parties to the agreement referred to in article II were, under the law
applicable to them, under some incapacity, or the said agreement is not valid under the
law to which the parties have subjected it or, failing any indication thereon, under the
law of the country where the award was made; or
(b) The party against whom the award is invoked was not given proper notice of the
appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to
present his case; or
(c) The award deals with a difference not contemplated by or not falling within the
terms of the submission to arbitration, or it contains decisions on matters beyond the
scope of the submission to arbitration, provided that, if the decisions on matters
submitted to arbitration can be separated from those not so submitted, that part of the
award which contains decisions on matters submitted to arbitration may be recognized and
enforced; or
(d) The composition of the arbitral authority or the arbitral procedure was not in
accordance with the agreement of the parties, or, failing such agreement, was not in
accordance with the law of the country where the arbitration took place; or
(e) The award has not yet become binding on the parties, or has been set aside or
suspended by a competent authority of the country in which, or under the law of which,
that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the
competent authority in the country where recognition and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by arbitration
under the law of that country; or
(b) The recognition or enforcement of the award would be contrary to the public policy
of that country.
Article VI
If an application for the setting aside or suspension of the award has been made to a
competent authority referred to in article V(1)(e), the authority before which the award
is sought to be relied upon may, if it considers it proper, adjourn the decision on the
enforcement of the award and may also, on the application of the party claiming
enforcement of the award, order the other party to give suitable security.
Article VII
1. The provisions of the present Convention shall not affect the validity of
multilateral or bilateral agreements concerning the recognition and enforcement of
arbitral awards entered into by the Contracting States nor deprive any interested party of
any right he may have to avail himself of an arbitral award in the manner and to the
extent allowed by the law or the treaties of the country where such award is sought to be
relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923[2] and the
Geneva Convention on the Execution of Foreign Arbitral Awards of 1927[3]
shall cease to have effect between Contracting States on their becoming bound and to the
extent that they become bound, by this Convention.
Article VIII
1. This Convention shall be open until 31 December 1958 for signature on behalf of any
Member of the United Nations and also on behalf of any other State which is or hereafter
becomes a member of any specialized agency of the United Nations, or which is or hereafter
becomes a party to the Statute of the International Court of Justice, or any other State
to which an invitation has been addressed by the General Assembly of the United Nations.
2. This Convention shall be ratified and the instrument of ratification shall be
deposited with the Secretary-General of the United Nations.
Article IX
1. This Convention shall be open for accession to all States referred to in article
VIII.
2. Accession shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article X
1. Any State may, at the time of signature, ratification or accession, declare that
this Convention shall extend to all or any of the territories for the international
relations of which it is responsible. Such a declaration shall take effect when the
Convention enters into force for the State concerned.
2. At any time thereafter any such extension shall be made by notification addressed to
the Secretary-General of the United Nations and shall take effect as from the ninetieth
day after the day of receipt by the Secretary-General of the United Nations of this
notification, or as from the date of entry into force of the Convention for the State
concerned, whichever is the later.
3. With respect to those territories to which this Convention is not extended at the
time of signature, ratification or accession, each State concerned shall consider the
possibility of taking the necessary steps in order to extend the application of this
Convention to such territories, subject, where necessary for constitutional reasons, to
the consent of the Governments of such territories.
Article XI
In the case of a federal or non-unitary State, the following provisions shall apply:
(a) With respect to those articles of this Convention that come within the legislative
jurisdiction of the federal authority, the obligations of the federal Government shall to
this extent be the same as those of Contracting States which are not federal States;
(b) With respect to those articles of this Convention that come within the legislative
jurisdiction of constituent states or provinces which are not, under the constitutional
system of the federation, bound to take legislative action, the federal Government shall
bring such articles with a favourable recommendation to the notice of the appropriate
authorities of constituent states or provinces at the earliest possible moment;
(c) A federal State Party to this Convention shall, at the request of any other
Contracting State transmitted through the Secretary-General of the United Nations, supply
a statement of the law and practice of the federation and its constituent units in regard
to any particular provision of this Convention, showing the extent to which effect has
been given to that provision by legislative or other action.
Article XII
1. This Convention shall come into force on the ninetieth day following the date of
deposit of the third instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit of the
third instrument of ratification or accession, this Convention shall enter into force on
the ninetieth day after deposit by such State of its instrument of ratification or
accession.
Article XIII
1. Any Contracting State may denounce this Convention by a written notification to the
Secretary-General of the United Nations. Denunciation shall take effect one year after the
date of receipt of the notification by the Secretary-General.
2. Any State which has made a declaration or notification under article X may, at any
time thereafter, by notification to the Secretary-General of the United Nations, declare
that this Convention shall cease to extend to the territory concerned one year after the
date of the receipt of the notification by the Secretary-General.
3. This Convention shall continue to be applicable to arbitral awards in respect of
which recognition or enforcement proceedings have been instituted before the denunciation
takes effect.
Article XIV
A Contracting State shall not be entitled to avail itself of the present Convention
against other Contracting States except to the extent that it is itself bound to apply the
Convention.
Article XV
The Secretary-General of the United Nations shall notify the States contemplated in
article VIII of the following:
(a) Signatures and ratifications in accordance with article VIII;
(b) Accessions in accordance with article IX;
(c) Declarations and notifications under articles I, X and XI;
(d) The date upon which this Convention enters into force in accordance with article
XII;
(e) Denunciations and notifications in accordance with article XIII.
Article XVI
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts
shall be equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this
Convention to the States contemplated in article VIII.
[1] In accordance with Article XII, the Convention came into force
on 7 June 1959, the ninetieth day following the date of deposit with the Secretary-General
of the United Nations of the third instrument of ratification or accession. The following
States have deposited their instruments of ratification or accession (a) on the dates
indicated:
Israel . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 January 1959
Morocco . . . . . . . . . . . . . . . . . . . . . . . 12 February 1959(a)
United Arab Republic . . . . . . . . . . . . . . . 9 March 1959 (a)
[2] League of Nations, Treaty Series, Vol.
XXVII, p. 157;
Vol. XXXI, p. 260; Vol. XXXV, p. 314; Vol. XXXIX, p. 190; Vol. XLV, p. 116; Vol. L, p.
161; Vol. LIX, p. 355; Vol. LXIX, p. 79; Vol. LXXII, p. 452; Vol. LXXXIII, p. 393; Vol.
LXXXVIII, p. 312; Vol. XCVI, p. 190; Vol. C, p. 211; Vol. CIV, p. 499; Vol. CVII, p. 470;
Vol. CXI, p. 403; Vol. CXVII, p. 55; Vol. CLVI, p. 185; Vol. CLXXXI, p. 356; Vol.
CLXXXV,
p. 372; Vol. CXCIII, p. 268, and Vol. CC, p. 500; and United Nations, Treaty Series,
Vol. 117, p. 394; Vol. 261, p. 422, and Vol. 325.
[3] League of Nations, Treaty Series, Vol.
XCII, p. 301;
Vol. XCVI, p. 205; Vol. C, p. 259; Vol. CIV, p. 526; Vol. CVII, p. 528; Vol. CXI, p. 414;
Vol. CXVII, p. 303; Vol. CXXX, p. 457; Vol. CLVI, p. 210; Vol. CLXXXI, p. 389; Vol.
CLXXXV, p. 391, and Vol. CXCIII, p. 269; and United Nations, Treaty Series, Vol.
122, p. 346; Vol. 134, p. 402; Vol. 269, p. 384, and Vol. 325.
An electronic publication of the MULTILATERALS PROJECT, Fletcher School of Law &
Diplomacy --- http://www.tufts.edu/fletcher/multilaterals.html
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SOURCE:
BH014.txt
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CONVENTION (I) FOR
THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES
(HAGUE I) (29 Jul 1899)
Entry into Force: 4 September 1900
|
His Majesty the Emperor of Germany, King of Prussia; [etc.]:
Animated by a strong desire to concert for the maintenance of the general peace;
Resolved to second by their best efforts the friendly settlement of international
disputes;
Recognizing the solidarity which unites the members of the society of civilized
nations;
Desirous of extending the empire of law, and of strengthening the appreciation of
international justice;
Convinced that the permanent institution of a Court of Arbitration, accessible to all,
in the midst of the independent Powers, will contribute effectively to this result;
Having regard to the advantages attending the general and regular organization of
arbitral procedure;
Sharing the opinion of the august Initiator of the International Peace Conference that
it is expedient to record in an international Agreement the principles of equity and right
on which are based the security of States and the welfare of peoples;
Being desirous of concluding a Convention to this effect, have appointed as their
plenipotentiaries, to wit:
[Here follow the names of plenipotentiaries.]
Who, after communication of their full powers, found in good and due form, have agreed
on the following provisions:
TITLE I. ON THE MAINTENANCE OF THE GENERAL PEACE
Article 1
With a view to obviating, as far as possible, recourse to force in the relations
between States, the Signatory Powers agree to use their best efforts to insure the pacific
settlement of international differences.
TITLE II. ON GOOD OFFICES AND MEDIATION
Article 2
In case of serious disagreement or conflict, before an appeal to arms, the Signatory
Powers agree to have recourse, as far as circumstances allow, to the good offices or
mediation of one or more friendly Powers.
Article 3
Independently of this recourse, the Signatory Powers recommend that one or more Powers,
strangers to the dispute, should, on their own initiative, and as far as circumstances may
allow, offer their good offices or mediation to the States at variance.
Powers, strangers to the dispute, have the right to offer good offices or mediation,
even during the course of hostilities.
The exercise of this right can never be regarded by one or the other of the parties in
conflict as an unfriendly act.
Article 4
The part of the mediator consists in reconciling the opposing claims and appeasing the
feelings of resentment which may have arisen between the States at variance.
Article 5
The functions of the mediator are at an end when once it is declared, either by one of
the parties to the dispute, or by the mediator himself, that the means of reconciliation
proposed by him are not accepted.
Article 6
Good offices and mediation, either at the request of the parties at variance, or on the
initiative of Powers strangers to the dispute, have exclusively the character of advice
and never have binding force.
Article 7
The acceptance of mediation can not, unless there be an agreement to the contrary, have
the effect of interrupting, delaying, or hindering mobilization or other measures of
preparation for war.
If mediation, occurs after the commencement of hostilities it causes no interruption to
the military operations in progress, unless there be an agreement to the contrary.
Article 8
The Signatory Powers are agreed in recommending the application, when circumstances
allow, of special mediation in the following form:
In case of a serious difference endangering the peace, the States at variance choose
respectively a Power, to whom they intrust the mission of entering into direct
communication with the Power chosen on the other side, with the object of preventing the
rupture of pacific relations.
For the period of this mandate, the term of which, unless otherwise stipulated, cannot
exceed thirty days, the States in conflict cease from all direct communication on the
subject of the dispute, which is regarded as referred exclusively to the mediating Powers,
who must use their best efforts to settle it.
In case of a definite rupture of pacific relations, these Powers are charged with the
joint task of taking advantage of any opportunity to restore peace.
TITLE III. ON INTERNATIONAL COMMISSIONS OF INQUIRY
Article 9
In differences of an international nature involving neither honor nor vital interests,
and arising from a difference of opinion on points of fact, the Signatory Powers recommend
that the parties, who have not been able to come to an agreement by means of diplomacy,
should as far as circumstances allow, institute an International Commission of Inquiry, to
facilitate a solution of these differences by elucidating the facts by means of an
impartial and conscientious investigation.
Article 10
The International Commissions of Inquiry are constituted by special agreement between
the parties in conflict.
The Convention for an inquiry defines the facts to be examined and the extent of the
Commissioners' powers.
It settles the procedure.
On the inquiry both sides must be heard.
The form and the periods to be observed, if not stated in the inquiry Convention, are
decided by the Commission itself.
Article 11
The International Commissions of Inquiry are formed, unless otherwise stipulated, in
the manner fixed by Article 32 of the present convention.
Article 12
The powers in dispute engage to supply the International Commission of Inquiry, as
fully as they may think possible, with all means and facilities necessary to enable it to
be completely acquainted with and to accurately understand the facts in question.
Article 13
The International Commission of Inquiry communicates its Report to the conflicting
Powers, signed by all the members of the Commission.
Article 14
The report of the International Commission of Inquiry is limited to a statement of
facts, and has in no way the character of an Arbitral Award. It leaves the conflicting
Powers entire freedom as to the effect to be given to this statement.
TITLE IV. ON INTERNATIONAL ARBITRATION
CHAPTER I. On the System of Arbitration
Article 15
International arbitration has for its object the settlement of differences between
States by judges of their own choice, and on the basis of respect for law.
Article 16
In questions of a legal nature, and especially in the interpretation or application of
International Conventions, arbitration is recognized by the Signatory Powers as the most
effective, and at the same time the most equitable, means of settling disputes which
diplomacy has failed to settle.
Article 17
The Arbitration Convention is concluded for questions already existing or for questions
which may arise eventually.
It may embrace any dispute or only disputes of a certain category.
Article 18
The Arbitration Convention implies the engagement to submit loyally to the Award.
Article 19
Independently of general or private Treaties expressly stipulating recourse to
arbitration as obligatory on the Signatory Powers, these Powers reserve to themselves the
right of concluding, either before the ratification of the present Act or later, new
Agreements, general or private, with a view to extending obligatory arbitration to all
cases which they may consider it possible to submit to it.
CHAPTER II. On the Permanent Court of Arbitration
Article 20
With the object of facilitating an immediate recourse to arbitration for international
differences, which it has not been possible to settle by diplomacy, the Signatory Powers
undertake to organize a permanent Court of Arbitration, accessible at all times and
operating, unless otherwise stipulated by the parties, in accordance with the Rules of
Procedure inserted in the present Convention.
Article 21
The Permanent Court shall be competent for all arbitration cases, unless the parties
agree to institute a special Tribunal.
Article 22
An International Bureau, established at The Hague, serves as record office for the
Court.
This Bureau is the channel for communications relative to the meetings of the Court.
It has the custody of the archives and conducts all the administrative business.
The Signatory Powers undertake to communicate to the International Bureau at The Hague
a duly certified copy of any conditions of arbitration arrived at between them, and of any
award concerning them delivered by special Tribunals.
They undertake also to communicate to the Bureau the Laws, Regulations, and documents
eventually showing the execution of the awards given by the Court.
Article 23
Within the three months following its ratification of the present Act, each Signatory
Power shall select four persons at the most, of known competency in questions of
international law, of the highest moral reputation, and disposed to accept the duties of
Arbitrators. The persons thus selected shall be inscribed, as members of the Court, in a
list which shall be notified by the Bureau to all the Signatory Powers.
Any alteration in the list of Arbitrators is brought by the Bureau to the knowledge of
the Signatory Powers.
Two or more Powers may agree on the selection in common of one or more Members.
The same person can be selected by different Powers.
The Members of the Court are appointed for a term of six years. Their appointments can
be renewed.
In case of the death or retirement of a member of the Court, his place shall be filled
in accordance with the method of his appointment.
Article 24
When the Signatory Powers desire to have recourse to the Permanent Court for the
settlement of a difference that has arisen between them, the Arbitrators called upon to
form the competent Tribunal to decide this difference, must be chosen from the general
list of members of the Court.
Failing the direct agreement of the parties on the composition of the Arbitration
Tribunal, the following course shall be pursued:
Each party appoints two Arbitrators, and these together choose an Umpire.
If the votes are equal, the choice of the Umpire is intrusted to a third Power,
selected by the parties by common accord.
If an agreement is not arrived at on this subject, each party selects a different
Power, and the choice of the Umpire is made in concert by the Powers thus selected.
The Tribunal being thus composed, the parties notify to the Bureau their determination
to have recourse to the Court and the names of the Arbitrators.
The Tribunal of Arbitration assembles on the date fixed by the parties.
The Members of the Court, in the discharge of their duties and out of their own
country, enjoy diplomatic privileges and immunities.
Article 25
The Tribunal of Arbitration has its ordinary seat at The Hague.
Except in cases of necessity, the place of session can only be altered by the Tribunal
with the assent of the parties.
Article 26
The International Bureau at The Hague is authorized to place its premises and its staff
at the disposal of the Signatory Powers for the operations of any special Board of
Arbitration.
The jurisdiction of the Permanent Court, may, within the conditions laid down in the
Regulations, be extended to disputes between non-Signatory Powers, or between Signatory
Powers and non-Signatory Powers, if the parties are agreed on recourse to this Tribunal.
Article 27
The Signatory Powers consider it their duty, if a serious dispute threatens to break
out between two or more of them, to remind these latter that the Permanent Court is open
to them.
Consequently, they declare that the fact of reminding the conflicting parties of the
provisions of the present Convention, and the advice given to them, in the highest
interests of peace, to have recourse to the Permanent Court, can only be regarded as
friendly actions.
Article 28
A Permanent Administrative Council, composed of the Diplomatic Representatives of the
Signatory Powers accredited to The Hague and of the Netherland Minister for Foreign
Affairs, who will act as President, shall be instituted in this town as soon as possible
after the ratification of the present Act by at least nine Powers.
This Council will be charged with the establishment and organization of the
International Bureau, which will be under its direction and control.
It will notify to the Powers the constitution of the Court and will provide for its
installation.
It will settle its Rules of Procedure and all other necessary Regulations.
It will decide all questions of administration which may arise with regard to the
operations of the Court.
It will have entire control over the appointment, suspension or dismissal of the
officials and employ‚s of the Bureau.
It will fix the payments and salaries, and control the general expenditure.
At meetings duly summoned the presence of five 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 Signatory 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 administration, and the expenses.
Article 29
The expenses of the Bureau shall be borne by the Signatory Powers in the proportion
fixed for the International Bureau of the Universal Postal Union.
CHAPTER III. On Arbitral Procedure
Article 30
With a view to encourage the development of arbitration, the Signatory Powers have
agreed on the following Rules which shall be applicable to arbitral procedure, unless
other rules have been agreed on by the parties.
Article 31
The Powers who have recourse to arbitration sign a special Act
(compromis), in which
the subject of the difference is clearly defined, as well as the extent of the
Arbitrators' powers. This Act implies the undertaking of the parties to submit loyally to
the award.
Article 32
The duties of Arbitrator may be conferred on one Arbitrator alone 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 Act.
Failing the constitution of the Tribunal by direct agreement between the parties, the
following course shall be pursued:
Each party appoints two arbitrators, and these latter together choose an Umpire.
In case of equal voting, the choice of the Umpire is instructed to a third Power,
selected by the parties by common accord.
If no agreement is arrived at on this subject, each party selects a different Power,
and the choice of the Umpire is made in concert by the Powers thus selected.
Article 33
When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitral
procedure is settled by him.
Article 34
The Umpire is by right President of the Tribunal.
When the Tribunal does not include an Umpire it appoints its own President.
Article 35
In case of the death, retirement, or disability from any cause of one of the
Arbitrators, his place shall be filled in accordance with the method of his appointment.
Article 36
The Tribunal's place of session is selected by the parties. Failing this selection the
Tribunal sits at The Hague.
The place thus fixed cannot, except in case of necessity, be changed by the Tribunal
without the assent of the parties.
Article 37
The parties have the right to appoint delegates or special agents to attend the
Tribunal, for the purpose of serving as intermediaries between them and the Tribunal.
They are further authorized to retain, for the defense of their rights and interests
before the Tribunal, counsel or advocates appointed by them for this purpose.
Article 38
The Tribunal decides on the choice of languages to be used by itself, and to be
authorized for use before it.
Article 39
As a general rule the arbitral procedure comprises two distinct phases: preliminary
examination and discussion.
Preliminary examination consists in the communication by the respective agents to the
members of the Tribunal and to the opposite party of all printed or written Acts and of
all documents containing the arguments invoked in the case. This communication shall be
made in the form and within the periods fixed by the Tribunal in accordance with Article
49.
Discussion consists in the oral development before the Tribunal of the arguments of the
parties.
Article 40
Every document produced by one party must be communicated to the other party.
Article 41
The discussions are under the direction 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 the procŠs-verbaux drawn up by the Secretaries appointed by
the President. These procŠs-verbaux alone have an authentic character.
Article 42
When the preliminary examination is concluded, the Tribunal has the right to refuse
discussion of all fresh Acts or documents which one party may desire to submit to it
without the consent of the other party.
Article 43
The Tribunal is free to take into consideration fresh Acts 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 Acts or
documents, but is obliged to make them known to the opposite party.
Article 44
The Tribunal can, besides, require from the agents of the parties the production of all
Acts, and can demand all necessary explanations. In case of refusal, the Tribunal takes
note of it.
Article 45
The agents and counsel of the parties are authorized to present orally to the Tribunal
all the arguments they may think expedient in defence of their case.
Article 46
They have the right to raise objections and points. The decisions of the Tribunal on
those points are final, and can not form the subject of any subsequent discussion.
Article 47
The members of the Tribunal have the right to put questions to the agents and counsel
of the parties, and to demand explanations from them on doubtful points.
Neither the questions put nor the remarks made by members of the Tribunal during the
discussions can be regarded as an expression of opinion by the Tribunal in general, or by
its members in particular.
Article 48
The Tribunal is authorized to declare its competence in interpreting the compromise as
well as the other Treaties which may be invoked in the case, and in applying the
principles of international law.
Article 49
The Tribunal has the right to issue Rules of Procedure for the conduct of the case, to
decide the forms and periods within which each party must conclude its arguments, and to
arrange all the formalities required for dealing with the evidence.
Article 50
When the agents and counsel of the parties have submitted all explanations and evidence
in support of their case, the President pronounces the discussion closed.
Article 51
The deliberations of the Tribunal take place in private. Every decision is taken by a
majority of members of the Tribunal.
The refusal of a member to vote must be recorded in the procŠs-verbal.
Article 52
The award, given by a majority of votes, is accompanied by a statement of reasons. It
is drawn up in writing and signed by each member of the Tribunal.
Those members who are in the minority may record their dissent when signing.
Article 53
The award is read out at a public meeting of the Tribunal, the agents and counsel of
the parties being present, or duly summoned to attend.
Article 54
The award, duly pronounced and notified to the agents of the parties at variance, puts
an end to the dispute definitively and without appeal.
Article 55
The parties can reserve in the compromise 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 on the award,
and which, at the time the discussion was closed, was unknown to the Tribunal and to the
party demanding the revision.
Proceedings for revision can only be instituted by a decision of the Tribunal expressly
recording the existence of the new fact, recognizing in it the character described in the
foregoing paragraph, and declaring the demand admissible on this ground.
The compromise fixes the period within which the demand for revision must be made.
Article 56
The award is only binding on the parties who concluded the compromise.
When there is a question of interpreting a Convention to which Powers other than those
concerned in the dispute are parties, the latter notify to the former the compromis they
have concluded. Each of these Powers has the right to intervene in the case. If one or
more of them avail themselves of this right, the interpretation contained in the award is
equally binding on them.
Article 57
Each party pays its own expenses and an equal share of those of the Tribunal.
General provisions
Article 58
The present Convention shall be ratified as speedily as possible.
The ratifications shall be deposited at The Hague.
A procŠs-verbal shall be drawn up recording the receipt of each ratification, and
a copy duly certified shall be sent, through the diplomatic channel, to all the Powers who
were represented at the International Peace Conference at The Hague.
Article 59
The non-Signatory Powers who were represented at the International Peace Conference can
adhere to the present Convention. For this purpose they must make known their adhesion to
the Contracting Powers by a written notification addressed to the Netherlands Government,
and communicated by it to all the other Contracting Powers.
Article 60
The conditions on which the Powers who were not represented at the International Peace
Conference can adhere to the present Convention shall form the subject of a subsequent
Agreement among the Contracting Powers.
Article 61
In the event of one of the High Contracting Parties denouncing the present Convention,
this denunciation would not take effect until a year after its notification made in
writing to the Netherlands Government, and by it communicated at once to all the other
Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Convention and affixed
their seals to it.
Done at The Hague, the 29th July, 1899, in a single copy, which shall remain in the
archives of the Netherlands Government, and copies of it, duly certified, be sent through
the diplomatic channel to the Contracting Powers.
[Here follow signatures.]
Reservations
Roumania
Under the reservations formulated with respect to Articles 16, 17 and 19 of the present
Convention (15, 16 and 18 of the project presented by the committee on examination) and
recorded in the procŠs-verbal of the sitting of the Third Commission of July 20,
1899. Extract from the procŠs-verbal: The Royal Government of Roumania, being
completely in favor of the principle of facultative arbitration, of which it appreciates
the great importance in international relations, nevertheless does not intend to
undertake, by Article 15, an engagement to accept arbitration in every case there provided
for, and it believes it ought to form express reservations in that respect. It can not
therefore vote for this article, except under that reservation. The Royal Government of
Roumania declares that it can not adhere to Article 16 except with the express
reservation, entered in the procŠs-verbal, that it has decided not to accept, in any
case, an international arbitration for disagreements or disputes previous to the
conclusion of the present Convention. The Royal Government of Roumania declares that in
adhering to Article 18 of the Convention, it makes no engagement in regard to obligatory
arbitration.
Servia
Under the reservation recorded in the procŠs-verbal of the Third Commission of
July 20, 1899. Extract from the procŠs-verbal: In the name of the Royal Government of
Servia, we have the honor to declare that our adoption of the principle of good offices
and mediation does not imply a recognition of the right of third States to use these means
except with the extreme reserve which proceedings of this delicate nature require. We do
not admit good offices and mediation except on condition that their character of purely
friendly counsel is maintained fully and completely, and we never could accept them in
forms and circumstances such as to impress upon them the character of intervention.
Turkey
Under reservation of the declaration made in the plenary sitting of the Conference of
July 25, 1899. Extract from the procŠs-verbal: The Turkish delegation, considering
that the work of this Conference has been a work of high loyalty and humanity, destined
solely to assure general peace by safeguarding the interests and the rights of each one,
declares, in the name of its Government, that it adheres to the project just adopted, on
the following conditions: 1. It is formally understood that recourse to good offices and
mediation, to commissions of inquiry and arbitration is purely facultative and could not
in any case assume an obligatory character or degenerate into intervention; 2. The
Imperial Government itself will be the judge of the cases where its interests would permit
it to admit these methods without its abstention or refusal to have recourse to them being
considered by the signatory States as an unfriendly act. It goes without saying that in no
case could the means in question be applied to questions concerning interior regulation.
United States
Under reservation of the declaration made at the plenary sitting of the Conference on
the 25th of July, 1899. Extract from the procŠs-verbal: Nothing contained in this
convention shall be so construed as to require the United States of America to depart from
its traditional policy of not intruding upon, interfering with, or entangling itself in
the political questions of policy or internal administration of any foreign state; nor
shall anything contained in the said convention be construed to imply a relinquishment by
the United States of America of its traditional attitude toward purely American questions.
==============================================================
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SOURCE: Electronic text courtesy of the Permanent Court of Arbitration,
The Hague
BH033.txt (18 Oct 07)
Entry into Force: 26 Jan 1910
CONVENTION
for the pacific settlement of international disputes
His Majesty the German Emperor, King of Prussia; the President of the United
States of America; the President of the Argentine Republic; His Majesty the Emperor
of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the
King of the Belgians; the President of the Republic of Bolivia; the President of the
Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria;
the President of the Republic of Chile; His Majesty the Emperor of China;
the President of the Republic of Colombia; the Provisional Governor of
the Republic of Cuba; His Majesty the King of Denmark; the President of
the Dominican Republic; the President of the Republic of Ecuador; His
Majesty the King of Spain; the President of the French Republic; His Majesty
the King of the United Kingdom of Great Britain and Ireland and of the British
Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes;
the President of the Republic of Guatemala; the President of the Republic of Haiti;
His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness
the Grand Duke of Luxembourg, Duke of Nassau; the President of the United States of
Mexico; His Royal Highness the Prince of Montenegro; the President of
the Republic of Nicaragua; His Majesty the King of Norway; the President of the
Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen
of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the
Shah of Persia; His Majesty the King of Roumania; His Majesty the Emperor of All the
Russias; the President of the Republic of Salvador; His Majesty the King of
Servia;
His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal
Council; His Majesty the Emperor of the Ottomans; the President of the
Oriental Republic of Uruguay; the President of the United States of Venezuela;
Animated by the sincere desire to work for the maintenance of general peace;
Resolved to promote by all the efforts in their power the friendly settlement of
international disputes;
Recognizing the solidarity uniting the members of the society of civilized
nations;
Desirous of extending the empire of law and of strengthening the appreciation of
international justice;
Convinced that the permanent institution of a Tribunal of Arbitration accessible
to all, in the midst of independent Powers, will contribute effectively to this
result;
Having regard to the advantages attending the general and regular organization of
the procedure of arbitration;
Sharing the opinion of the august initiator of the International Peace Conference
that it is expedient to record in an International Agreement the principles of equity
and right on which are based the security of States and the welfare of peoples;
Being desirous, with this object, of insuring the better working in practice of
Commissions of Inquiry and Tribunals of Arbitration, and of facilitating recourse to
arbitration in cases which allow of a summary procedure;
Have deemed it necessary to revise in certain particulars and to complete the work
of the First Peace Conference for the pacific settlement of international disputes;
The High Contracting Parties have resolved to conclude a new Convention for this
purpose, and have appointed the following as their Plenipotentiaries:
(here follow the names of Plenipotentiaries.)
Who, after deposited their full powers, found in good and due form, have agreed
upon the following:
Part I. The maintenance of General Peace
Article 1
With a view to obviating as far as possible recourse to force in the relations
between States, the Contracting Powers agree to use their best efforts to ensure the
pacific settlement of international differences.
Part II. Good Offices and Mediation
Article 2
In case of serious disagreement or dispute, before an appeal to arms, the
Contracting Powers agree to have recourse, as far as circumstances allow, to the good
offices or mediation of one or more friendly Powers.
Article 3
Independently of this recourse, the Contracting Powers deem it expedient and
desirable that one or more Powers, strangers to the dispute, should, on their own
initiative and as far as circumstances may alow, offer their good offices or
mediation to the States at variance.
Powers strangers to the dispute have the right to offer good offices or mediation
even during the course of hostilities.
The exercise of this right can never be regarded by either of the parties in
dispute as an unfriendly act.
Article 4
The part of the mediator consists in reconciling the opposing claims and appeasing
the feelings of resentment which may have arisen between the States at variance.
Article 5
The functions of the mediator are at an end when once it is declared, either by
one of the parties to the dispute or by the mediator himself, that the means of
reconciliation proposed by him are not accepted.
Article 6
Good offices and mediation undertaken either at the request of the parties in
dispute or on the initiative of Powers strangers to the dispute have exclusively the
character of advice, and never have binding force.
Article 7
The acceptance of mediation cannot, unless there be an agreement to the contrary,
have the effect of interrupting, delaying, or hindering mobilization or other
measures of preparation for war.
If it takes place after the commencement of hostilities, the military operations
in progress are not interrupted in the absence of an agreement to the contrary.
Article 8
The Contracting Powers are agreed in recommending the application, when
circumstances allow, of special mediation in the following form:
In case of a serious difference endangering peace, the States at variance choose
respectively a Power, to which they intrust the mission of entering into direct
communication with the Power chosen on the other side, with the object of preventing
the rupture of pacific relations.
For the period of this mandate, the term of which, unless otherwise stipulated,
cannot exceed thirty days, the States in dispute cease from all direct communication
on the subject of the dispute, which is regarded as referred exclusively to the
mediating Powers, which must use their best efforts to settle it.
In case of a definite rupture of pacific relations, these Powers are charged with
the joint task of taking advantage of any opportunity to restore peace.
Part III. International Commissions of Inquiry
Article 9
In disputes of an international nature involving neither honour nor vital
interests, and arising from a difference of opinion on points of facts, the
Contracting Powers deem it expedient and desirable that the parties who have not been
able to come to an agreement by means of diplomacy, should, as far as circumstances
allow, institute an International Commission of Inquiry, to facilitate a solution of
these disputes by elucidating the facts by means of an impartial
and conscientious investigation.
Article 10
International Commissions of Inquiry are constituted by special agreement between
the parties in dispute. The Inquiry convention defines the facts to be
examined; it determines the mode and time in which the Commission is to be formed
and the extent of the powers of the Commissioners.
It also determines, if there is need, where the Commission is to sit, and whether
it may remove to another place, the language the Commission shall use and the
languages the use of which shall be authorized before it, as well as the date on
which each party must deposit its statement of facts, and, generally speaking, all
the conditions upon which the parties have agreed.
If the parties consider it necessary to appoint Assessors, the Convention of
Inquiry shall determine the mode of their selection and the extent of their powers.
Article 11
If the Inquiry Convention has not determined where the Commission is to sit, it
will sit at The Hague.
The place of meeting, once fixed, cannot be altered by the Commission except with
the assent of the parties.
If the Inquiry Convention has not determined what languages are to be employed,
the question shall be decided by the Commission.
Article 12
Unless an undertaking is made to the contrary, Commissions of Inquiry shall be
formed in the manner determined by Articles 45 and 57 of the present Convention.
Article 13
Should one of the Commissioners or one of the Assessors, should there be any,
either die, or resign, 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 14
The parties are entitled to appoint special agents to attend the Commission of
Inquiry, whose duty it is to represent them and to act as intermediaries between them
and the Commission.
They are further authorized to engage counsel or advocates, appointed by
themselves, to state their case and uphold their interests before the Commission.
Article 15
The International Bureau of the Permanent Court of Arbitration acts as registry
for the Commissions which sit at The Hague, and shall place its offices and staff at
the disposal of the Contracting Powers for the use of the Commission of Inquiry.
Article 16
If the Commission meets elsewhere than at The Hague, it appoints a
Secretary-General, whose office serves as registry.
It is the function of the registry, under the control of the President, to make
the necessary arrangements for the sittings of the Commission, the preparation of the
Minutes, and, while the inquiry lasts, for the charge of the archives, which shall
subsequently be transferred to the International Bureau at The Hague.
Article 17
In order to facilitate the constitution and working of Commissions of Inquiry, the
Contracting Powers recommend the following rules, which shall be applicable to the
inquiry procedure in so far as the parties do not adopt other rules.
Article 18
The Commission shall settle the details of the procedure not covered by the
special Inquiry Convention or the present Convention, and shall arrange all the
formalities required for dealing with the evidence.
Article 19
On the inquiry both sides must be heard.
At the dates fixed, each party communicates to the Commission and to the other
party the statements of facts, if any, and, in all cases, the instruments, papers,
and documents which it considers useful for ascertaining the truth, as well as the
list of witnesses and experts whose evidence it wishes to be heard.
Article 20
The Commission is entitled, with the assent of the Powers, to move temporarily to
any place where it considers it may be useful to have recourse to this means of
inquiry or to send one or more of its members. Permission must be obtained from the
State on whose territory it is proposed to hold the inquiry.
Article 21
Every investigation, and every examination of a locality, must be made in the
presence of the agents and counsel of the parties or after they have been duly
summoned.
Article 22
The Commission is entitled to ask from either party for such explanations and
information as it considers necessary.
Article 23
The parties undertake to supply the Commission of Inquiry, as fully as they may
think possible, with all means and facilities necessary to enable it to become
completely acquainted with, and to accurately understand, the facts in question.
They undertake to make use of the means at their disposal, under their municipal
law, to insure the appearance of the witnesses or experts who are in their territory
and have been summoned before the Commission.
If the witnesses or experts are unable to appear before the Commission, the
parties will arrange for their evidence to be taken before the qualified officials of
their own country.
Article 24
For all notices to be served by the Commission in the territory of a third
Contracting Power, the Commission shall apply direct to the Government of the said
Power. The same rule applies in the case of steps being taken on the spot to procure
evidence.
The requests for this purpose are to be executed so 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 they are calculated to impair its
sovereign rights or its safety.
The Commission will equally be always entitled to act through the Power on whose
territory it sits.
Article 25
The witnesses and experts are summoned on the request of the parties or by the
Commission of its own motion, and, in every case, through the Government of the State
in whose territory they are.
The witnesses are heard in succession and separately in the presence of the agents
and counsel, and in the order fixed by the Commission.
Article 26
The examination of witnesses is conducted by the President.
The members of the Commission may however put to each witness questions which they
consider likely to throw light on and complete his evidence, or get information on
any point concerning the witness within the limits of what is necessary in order to
get at the truth.
The agents and counsel of the parties may not interrupt the witness when he is
making his statement, nor put any direct question to him, but they may ask the
President to put such additional questions to the witness as they think expedient.
Article 27
The witness must give his evidence without being allowed to read any written
draft. He may, however, be permitted by the President to consult notes or documents
if the nature of the facts referred to necessitates their employment.
Article 28
A Minute of the evidence of the witness is drawn up forthwith and read to the
witness. The latter may make such alterations and additions as he thinks necessary,
which will be recorded at the end of his statement.
When the whole of his statement has been read to the witness, he is asked to sign
it.
Article 29
The agents are authorized, in the course of or at the close of the inquiry, to
present in writing to the Commission and to the other party such statements,
requisitions, or summaries of the facts as they consider useful for ascertaining the
truth.
Article 30
The Commission considers its decisions in private and the proceedings are
secret.
All questions are decided by a majority of the members of the Commission.
If a member declines to vote, the fact must be recorded in the Minutes.
Article 31
The sittings of the Commission are not public, nor the Minutes and documents
connected with the inquiry published except in virtue of a decision of the Commission
taken with the consent of the parties.
Article 32
After the parties have presented all the explanations and evidence, and the
witnesses have all been heard, the President declares the inquiry terminated, and the
Commission adjourns to deliberate and to draw up its Report.
Article 33
The Report is signed by all the members of the Commission.
If one of the members refuses to sign, the fact is mentioned; but the validity of
the Report is not affected.
Article 34
The Report of the Commission is read at a public sitting, the agents and counsel
of the parties being present or duly summoned.
A copy of the Report is given to each party.
Article 35
The Report of the Commission is limited to a statement of facts, and has in no way
the character of an Award. It leaves to the parties entire freedom as to the effect
to be given to the statement.
Article 36
Each party pays its own expenses and an equal share of the expenses incurred by
the Commission.
Part IV. International Arbitration
Chapter I. The System of Arbitration
Article 37
International arbitration has for its object the settlement of disputes between
States by Judges of their own choice and on the basis of respect for law.
Recourse to arbitration implies an engagement to submit in good faith to the
Award.
Article 38
In questions of a legal nature, and especially in the interpretation or
application of International Conventions, arbitration is recognized by the
Contracting Powers as the most effective, and, at the same time, the most equitable
means of settling disputes which diplomacy has failed to settle.
Consequently, it would be desirable that, in disputes about the above-mentioned
questions, the Contracting Powers should, if the case arose, have recourse to
arbitration, in so far as circumstances permit.
Article 39
The Arbitration Convention is concluded for questions already existing or for
questions which may arise eventually.
It may embrace any dispute or only disputes of a certain category.
Article 40
Independently of general or private Treaties expressly stipulating recourse to
arbitration as obligatory on the Contracting Powers, the said Powers reserve to
themselves the right of concluding new Agreements, general or particular, with a view
to extending compulsory arbitration to all cases which they may consider it possible
to submit to it.
Chapter II. The Permanent Court of Arbitration
Article 41
With the object of facilitating an immediate recourse to arbitration for
international differences, which it has not been possible to settle by diplomacy, the
Contracting Powers undertake to maintain the Permanent Court of Arbitration, as
established by the First Peace Conference, accessible at all times, and operating,
unless otherwise stipulated by the parties, in accordance with the rules of
procedure inserted in the present Convention.
Article 42
The Permanent Court is competent for all arbitration cases, unless
the parties agree to institute a special Tribunal.
Article 43
The Permanent Court sits at The Hague.
An International Bureau serves as registry for the Court. It is the channel for
communications relative to the meetings of the Court; it has charge of the archives
and conducts all the administrative business.
The Contracting Powers undertake to communicate to the Bureau, as soon as
possible, a certified copy of any conditions of arbitration arrived at between them
and of any Award concerning them delivered by a special Tribunal.
They likewise undertake to communicate to the Bureau the laws, regulations, and
documents eventually showing the execution of the Awards given by the Court.
Article 44
Each Contracting Power selects four persons at the most, of known competency in
questions of international law, of the highest moral reputation, and disposed to
accept the duties of Arbitrator.
The persons thus elected are inscribed, as Members of the Court, in a list
which
shall be notified to all the Contracting Powers by the Bureau.
Any alteration in the list of Arbitrators is brought by the Bureau to the
knowledge of the Contracting Powers.
Two or more Powers may agree on the selection in common of one or more Members.
The same person can be selected by different Powers. The Members of the Court are
appointed for a term of six years. These appointments are renewable.
Should a Member of the Court die or resign, the same procedure is followed for
filling the vacancy as was followed for appointing him. In this case the appointment
is made for a fresh period of six years.
Article 45
When the Contracting Powers wish to have recourse to the Permanent Court for the
settlement of a difference which has arisen between them, the Arbitrators called upon
to form the Tribunal with jurisdiction to decide this difference must be chosen from
the general list of Members of the Court.
Failing the direct agreement of the parties on the composition of the Arbitration
Tribunal, the following course shall be pursued:
Each party appoints two Arbitrators, of whom one only can be its national or
chosen from among the persons selected by it as Members of the Permanent Court. These
Arbitrators together choose an Umpire.
If the votes are equally divided, the choice of the Umpire is intrusted to a third
Power, selected by the parties by common accord.
If an agreement is not arrived at on this subject each party selects a different
Power, and the choice of the Umpire is made in concert by the Powers thus selected.
If, within two months' time, these two Powers cannot come to an agreement, each of
them presents two candidates taken from the list of Members of the Permanent Court,
exclusive of the members selected by the parties and not being nationals of either of
them. Drawing lots determines which of the candidates thus presented shall be Umpire.
Article 46
The Tribunal being thus composed, the parties notify to the Bureau their
determination to have recourse to the Court, the text of their `Compromis', and the
names of the Arbitrators.
The Bureau communicates without delay to each Arbitrator the `Compromis', and the
names of the other members of the Tribunal.
The Tribunal assembles at the date fixed by the parties. The Bureau makes the
necessary arrangements for the meeting.
The members of the Tribunal, in the exercise of their duties and out of their own
country, enjoy diplomatic privileges and immunities.
Article 47
The Bureau is authorized to place its offices and staff at the disposal of the
Contracting Powers for the use of any special Board of Arbitration.
The jurisdiction of the Permanent Court may, within the conditions laid down in
the regulations, be extended to disputes between non- Contracting Powers or between
Contracting Powers and non-Contracting Powers, if the parties are agreed on recourse
to this Tribunal.
Article 48
The Contracting Powers consider it their duty, if a serious dispute threatens to
break out between two or more of them, to remind these latter that the Permanent
Court is open to them.
Consequently, they declare that the fact of reminding the parties at variance of
the provisions of the present Convention, and the advice given to them, in the
highest interests of peace, to have recourse to the Permanent Court, can only be
regarded as friendly actions.
In case of dispute between two Powers, one of them can always address to the
International Bureau a note containing a declaration that it would be ready to submit
the dispute to 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 will act 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
operations 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 administration, and the expenditure. The Report likewise contains
a résumé of what is important in the documents comunicated 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 adhering Powers shall be reckoned from the date
on which their adhesion comes into force.
Chapter III. Arbitration Procedure
Article 51
With a view to encouraging the development of
arbritation, the Contracting Powers
have agreed on the following rules, which are applicable to arbitration procedure,
unless other rules 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, 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
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 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 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
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 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
In the cases contemplated in the preceding Article, the
`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 officio.
Article 55
The duties of Arbitrator may be conferred on one Arbitrator alone 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 constitution 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.
Article 57
The Umpire is President of the Tribunal ex officio.
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 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.
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.
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.
Proceedings for revision can only be instituted by 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 in dispute.
When it concerns the interpretation of a Convention to which Powers other than
those in dispute are parties, they shall inform all the Signatory Powers in good
time. Each of these Powers is entitled to intervene in the case. If one or more avail
themselves of this right, the interpretation contained in 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
Article 86
With a view to 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 subject to the
reservation that the provisions of Chapter III apply so far as may be.
Article 87
Each of the parties in dispute 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 nationals
of either of them; which of the candidates thus proposed shall be the Umpire is
determined by lot.
The Umpire presides over the Tribunal, which gives its decisions
by a majority of votes.
Article 88
In the absence of any previous agreement the Tribunal, as soon as it is formed,
settles the time within which the two parties must 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 who appointed him.
Article 90
The proceedings are conducted exclusively in writing. Each party, however, is
entitled to ask that witnesses and experts should be called. The Tribunal has, for
its part, the right to demand oral 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
procès- verbal 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
procès-verbal relative to the first deposit of
ratifications, of the notifications mentioned in the preceding paragraph, and of the
instruments of ratification, shall be immediately sent by the Netherland Government,
through the diplomatic channel, to the Powers invited to the Second Peace Conference,
as well as to those Powers which have adhered to the Convention. In the cases
contemplated in the preceding paragraph, the said Government shall at the same time
inform the Powers of the date on which it received the notification.
Article 93
Non-Signatory Powers which have been invited to the Second Peace Conference may
adhere to the present Convention.
The Power which desires to adhere notifies its intention in writing to the
Netherland Government, forwarding to it the act of adhesion, which shall be deposited
in the archives of the said Government.
This Government shall immediately forward to all the other Powers invited to the
Second Peace Conference a duly certified copy of the notification as well as of the
act of adhesion, mentioning the date on which it received the notification.
Article 94
The conditions on which the Powers which have not been invited to the Second Peace
Conference may adhere to the present Convention shall form the subject of a
subsequent Agreement between the Contracting Powers.
Article 95
The present Convention shall take effect, in the case of the Powers which were not
a party to the first deposit of ratifications, sixty days after the date of the
procès-verbal of this deposit, and, in the case of the Powers which ratify
subsequently or which adhere, sixty days after the notification of their ratification
or of their adhesion has been received by the Netherland Government.
Article 96
In the event of one of the Contracting Parties wishing to denounce the present
Convention, the denunciation shall be notified in writing to the Netherland
Government, which shall immediately communicate a duly certified copy of the
notification to all the other Powers informing them of the date on which it was
received.
The denunciation shall only have effect in regard to the notifying Power, and one
year after the notification has reached the Netherland Government.
Article 97
A register kept by the Netherland Minister for Foreign Affairs shall give the date
of the deposit of ratifications effected in virtue of Article 92, paragraphs 3 and 4,
as well as the date on which the notifications of adhesion (Article 93, paragraph 2)
or of denunciation (Article 96, paragraph 1) have been received.
Each Contracting Power is entitled to have access to this register and to be
supplied with duly certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the
present Convention.
Done at The Hague, the 18th October 1907, in a single copy, which shall remain
deposited in the archives of the Netherland Government, and duly certified copies of
which shall be sent, through the diplomatic channel, to the Contracting Powers.
===============================================================
An electronic publication of the MULTILATERALS PROJECT, Fletcher School
of Law & Diplomacy ---
http://www.tufts.edu/fletcher/multilaterals.html
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Do not redistribute without this identifying credit.
Permanent Court of Arbitration
Optional Rules for Arbitrating Disputes between Two Parties of which only One is a
State
(Effective 6 July 1993)
Contents:
Scope of Application (Article 1)
Notice, Calculation of Periods of Time (Article 2)
Notice of Arbitration (Article 3)
Representation and Assistance (Article 4)
Number of Arbitrators (Article 5)
Appointment of Arbitrators (Articles 6 to 8)
Challenge of Arbitrators (Articles 9 to 12)
Replacement of an Arbitrator (Article 13)
Repetition of Hearings in the Event of the Replacement of an
Arbitrator (Article 14)
General Provisions (Article 15)
Place of Arbitration (Article 16)
Language (Article 17)
Statement of Claim (Article 18)
Statement of Defence (Article 19)
Amendments to the Claim or Defence (Article 20)
Pleas as to the Jurisdiction of the Arbitral Tribunal (Article 21)
Further Written Statements (Article 22)
Periods of Time (Article 23)
Evidence and Hearings (Articles 24 and 25)
Interim Measures of Protection (Article 26)
Experts (Article 27)
Failure to Appear or to Make Submissions (Article 28)
Closure of Hearings (Article 29)
Waiver of Rules (Article 30)
Decisions (Article 31)
Form and Effect of the Award (Article 32)
Applicable Law, Amiable compositeur (Article 33)
Settlement or other Grounds for Termination (Article 34)
Interpretation of the Award (Article 35)
Correction of the Award (Article 36)
Additional Award (Article 37)
Costs (Articles 38 to 40)
Deposit of Costs (Article 41)
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