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Law-ref.org | THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (2) |
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... 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; ...
... 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; ...
... The Permanent Court is competent for all arbitration cases, unless the parties agree to institute a special Tribunal. ...
... 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. ...
... When the Contracting Powers wish to have recourse to the Permanent Court for the settlement of a difference which has arisen between them, the Arbitrators called upon to form the Tribunal with jurisdiction 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: ...
... The Tribunal being thus composed, the parties notify to the Bureau their determination to have recourse to the Court, the text of their 'Compromis', and the names of the Arbitrators. ...
... The Bureau communicates without delay to each Arbitrator the 'Compromis', and the names of the other members of the Tribunal. ...
... The Tribunal assembles at the date fixed by the parties. The Bureau makes the necessary arrangements for the meeting. ...
... The members of the Tribunal, in the exercise of their duties and out of their own country, enjoy diplomatic privileges and immunities. ...
... The jurisdiction of the Permanent Court may, within the conditions laid down in the regulations, be extended to disputes between non-Contracting Powers or between Contracting Powers and non-Contracting Powers, if the parties are agreed on recourse to this Tribunal. ...
... The 'Compromis' likewise defines, if there is occasion, the manner of appointing Arbitrators, any special powers which may eventually belong to the Tribunal, where it shall meet, the language it shall use, and the languages the employment of which shall be authorized before it, and, generally speaking, all the conditions on which the parties are agreed. ...
... 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. ...
... Failing the constitution of the Tribunal by direct agreement between the parties, the course referred to in Article 45, paragraphs 3 to 6, is followed. ...
... 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. ...
... The place of meeting once fixed cannot be altered by the Tribunal, except with the consent of the parties. ...
... If the question as to what languages are to be used has not been settled by the 'Compromis', it shall be decided by the Tribunal. ...
... The parties are entitled to appoint special agents to attend the Tribunal to act as intermediaries between themselves and the Tribunal. ...
... The parties are entitled to appoint special agents to attend the Tribunal to act as intermediaries between themselves and the Tribunal. ...
... They are further authorized to retain for the defence of their rights and interests before the Tribunal counsel or advocates appointed by themselves for this purpose. ...
... The pleadings consist in the communication by the respective agents to the members of the Tribunal and the opposite party of cases, counter-cases, and, if necessary, of replies; the parties annex thereto all papers and documents called for in the case. This communication shall be made either directly or through the intermediary of the International Bureau, in the order and within the time fixed by the 'Compromis'. ...
... The time fixed by the 'Compromis' may be extended by mutual agreement by the parties, or by the Tribunal when the latter considers it necessary for the purpose of reaching a just decision. ...
... The discussions consists in the oral development before the Tribunal of the arguments of the parties. ...
... Unless special circumstances arise, the Tribunal does not meet until the pleadings are closed. ...
... The discussions are under the control of the President. They are only public if it be so decided by the Tribunal, with the assent of the parties. ...
... After the close of the pleadings, the Tribunal is entitled to refuse discussion of all new papers or documents which one of the parties may wish to submit to it without the consent of the other party. ...
... The Tribunal is free to take into consideration new papers 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 papers 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 papers, and can demand all necessary explanations. In case of refusal the Tribunal takes note of it. ...
... The Tribunal can, besides, require from the agents of the parties the production of all papers, and can demand all necessary explanations. In case of refusal the Tribunal takes note of it. ...
... The agents and the counsel of the parties are authorized to present orally to the Tribunal all the arguments they may consider expedient in defence of their case. ...
... They are entitled to raise objections and points. The decisions of the Tribunal on these points are final and cannot form the subject of any subsequent discussion. ...
... The members of the Tribunal are entitled to put questions to the agents and counsel of the parties, and to ask them for explanations on doubtful points. ...
... Neither the questions put, nor the remarks made by members of the Tribunal in the course of the discussions, can be regarded as an expression of opinion by the Tribunal in general or by its members in particular. ...
... Neither the questions put, nor the remarks made by members of the Tribunal in the course of the discussions, can be regarded as an expression of opinion by the Tribunal in general or by its members in particular. ...
... The Tribunal is authorized to declare its competence in interpreting the 'Compromis', as well as the other Treaties which may be invoked, and in applying the principles of law. ...
... The Tribunal is entitled to issue rules of procedure for the conduct of the case, to decide the forms, order, and time in which each party must conclude its arguments, and to arrange all the formalities required for dealing with the evidence. ...
... The parties undertake to supply the Tribunal, as fully as they consider possible, with all the information required for deciding the case. ...
... For all notices which the Tribunal has to serve in the territory of a third Contracting Power, the Tribunal shall apply direct to the Government of that Power. The same rule applies in the case of steps being taken to procure evidence on the spot. ...
... For all notices which the Tribunal has to serve in the territory of a third Contracting Power, the Tribunal shall apply direct to the Government of that Power. The same rule applies in the case of steps being taken to procure evidence on the spot. ...
... Any dispute arising between the parties as to the interpretation and execution of the Award shall, in the absence of an Agreement to the contrary, be submitted to the Tribunal which pronounced it. ...
... 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 upon the Award and which was unknown to the Tribunal and to the party which demanded the revision at the time the discussion was closed. ...
... 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 upon the Award and which was unknown to the Tribunal and to the party which demanded the revision at the time the discussion was closed. ...
... 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 preceding paragraph, and declaring the demand admissible on this ground. ...
... In the absence of any previous agreement the Tribunal, as soon as it is formed, settles the time within which the two parties must submit their respective cases to it. ...
... Each party is represented before the Tribunal by an agent, who serves as intermediary between the Tribunal and the Government who appointed him. ...
... Each party is represented before the Tribunal by an agent, who serves as intermediary between the Tribunal and the Government who appointed him. ...
... The proceedings are conducted exclusively in writing. Each party, however, is entitled to ask that witnesses and experts should be called. The Tribunal has, for its part, the right to demand oral explanations from the agents of the two parties, as well as from the experts and witnesses whose appearance in Court it may consider useful. ...