Convention (I) for the Pacific Settlement of International Disputes

Convention (I) for the Pacific Settlement of International Disputes in the United States

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.


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