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Law-ref.org | THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (1) |
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... The exercise of this right can never be regarded by one or the other of the parties in conflict as an unfriendly act. ...
... 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. ...
... 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. ...
... In differences of an international nature involving neither honour 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. ...
... The International Commissions of Inquiry are constituted by special agreement between the parties in conflict. ...
... 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. ...
... The Permanent Court shall be competent for all arbitration cases, unless the parties agree to institute a special Tribunal. ...
... Failing the direct agreement of the parties on the composition of the Arbitration Tribunal, the following course shall be pursued: ...
... If the votes are equal, the choice of the Umpire is entrusted 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. ...
... Except in cases of necessity, the place of session can only be altered by the Tribunal with the assent of the parties. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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: ...
... In case of equal voting, the choice of the Umpire is entrusted 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... The Award, duly pronounced and notified to the agents of the parties at variance, puts an end to the dispute definitively and without appeal. ...
... 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. ...
... 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. ...
... 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. ...