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.