Law-ref.org
THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (2)
Site search
Global links
homepage
documents
Sister sites
Chess-Ref
ZVON
RFC-Ref
InChI
REACH Online
Local links
Previous
Next
Frontpage
Contents
Keywords
Local
Global
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y
arbitration
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 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
; ...
... 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
; ...
... 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
; ...
ARTICLE-15
[
go to this ARTICLE
]
... 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-37
[
go to this ARTICLE
]
...
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
[
go to this ARTICLE
]
... 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
[
go to this ARTICLE
]
... The
Arbitration
Convention
is concluded for
questions
already
existing
or for
questions
which may arise eventually. ...
ARTICLE-40
[
go to this ARTICLE
]
...
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. ...
...
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. ...
ARTICLE-41
[
go to this ARTICLE
]
... 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
. ...
... 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
[
go to this ARTICLE
]
... The
Permanent
Court
is
competent
for all
arbitration
cases
, unless the
parties
agree
to institute a
special Tribunal
. ...
ARTICLE-43
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-45
[
go to this ARTICLE
]
... Failing the direct
agreement
of the
parties
on the composition of the
Arbitration
Tribunal
, the following course shall be pursued: ...
ARTICLE-47
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-48
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-51
[
go to this ARTICLE
]
... With a
view
to encouraging the
development
of
arbitration
, 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
. ...
... With a
view
to encouraging the
development
of
arbitration
, 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
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-53
[
go to this ARTICLE
]
... 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
. ...
... 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
. ...
... 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
. ...
... 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-55
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-56
[
go to this ARTICLE
]
... When a
Sovereign
or the
Chief
of a
State
is chosen as
Arbitrator
, the
arbitration
procedure
is settled by him. ...
ARTICLE-58
[
go to this ARTICLE
]
... 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-63
[
go to this ARTICLE
]
... As a
general rule
,
arbitration
procedure
comprises two distinct phases:
pleadings
and
oral
discussions
. ...
ARTICLE-86
[
go to this ARTICLE
]
... 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. ...
A
-
B
-
C
-
D
-
E
-
F
-
G
-
H
-
I
-
J
-
K
-
L
-
M
-
N
-
O
-
P
-
Q
-
R
-
S
-
T
-
U
-
V
-
W
-
Y