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

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
compromis 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 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 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 compromis 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 compromis.

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.