The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-07-08

brought by the bureau to the knowl-
] edge of the signatory powers. Two or
more powers may agree together re-
/ garding the nomination of one or more
/ members. and the same person may be
! chosen by the different powers. Mem
berS OF the court are to be appointed
I for the term of six years. The appoint
! ments are renewable. In case of death
| or resignation of member of the court
the vacancy is to be filled in accord
ance with the regulations made for the
! original nomination.
To Secure Services of Court.
Article "a The signatory powers who
| desire to apply to the court for set
! Element of differences shall select from
the general list number of arbitrator,
to be fixed by agreement. They will
notify the bureau of their intention of
applying to the court, and give the
names of the arbitrator they may have
selected. In absence of convention to
| the contrary, an arbitral tribunal is to
be constituted in accordance with the
rules of article 81. Arbitrators thus
nominated to form an arbitral tribunal
Tor matter or question, will meet on
the date fixed for the contending par
ties
Article p. The tribunal will usually
SIT at The Hague, but may sit else
powers.
Article 20. The powers not signing the
convention may apply to the court I'M
der the conditions prescribed by the
present convention.
Article %. The signatory powers con-
slider 1t their duty to call attention to
the existence of the permanent court to
any of their friends between whom
conflict is threatened, which must al
ways be regarded as a tender of good
offices.
Article Is. A permanent council COM
posed of the diplomatic representatives
OF the signatory powers residing al The
hague and The Netherlands foreign
minister, who will exercise the func-
TONS of president, will be constituted
at The Hague as soon as possible afetr
the ratification of the present act
Powers of the Council.
The council will be charged to estab-
lish and organize the internationa bu-
reau. which will remain under its di-
rection and control. The council will
notify the powers of the constitution
or the court and arrange its inStalla-
ton, draw up the standing orders and
other necessary regula tionS; will de-
eide on the questions likely to arise in
regard to the working of the tribunal;
have absolute powers concerning the
functionaries, or employer; will fix the
emoluments and salaries and control
the general expenditure. The presence
of five members at duly convened
meetings will constitute a quorum De-
cisions are to be taken by majority
of the votes. The council will address
to the signatory powers d re
port of the labors of the court, the
working of its administrative services
and of its expenditure.
Art. %. The expenses of the bureau
are TO be borne by the signatory pow
ers in the proportion fixed for the in
ternational bureau of the Universal |
Postal union.
Art. 80. The powers who accept arbi- |
tration will sign a special act. clearly |
defining the object of the dispute as |
we'll as the scope of the arbitration. |
The powers acts confirm the under /
of the parties to submit in |
good faith to the arbitration judgment. !
Art. 81. Arbitration functions may be /
conferred upon a single arbitrator or |
on several arbitratOrS designated by |
the parties at their discretion. or chos-
en- from among the members of The |
permanent court established by the /
present act. Unless otherwise decided
the formation of the arbitration tri-
bunal is to be effected as follows: Each
party will appoint two arbitrator. who
d
Of division the selection is to be en-
trusted to a third power, whom the
parties Will designate. If an agreement
IS not effected in this manner, each
party is to designate a different power
and the choice of a chief arbitrator is
20 devolve upon them.
Art. -. When an arbitrator is SOW
ereign or head of a state, the arbitral
procedure depends exclusively on his
august decision.
Art. 90. The chief arbitrator is presi-
lent de jure. When the tribunal does
lot contain a chief of arbitra ton. the
tribunal may appoint its own presi-
lent. He may be designated by the
parties. or, failing this, by
he arbitration tribunal.
Articles "a to 80 provide for the ap-
continent of councillors. the selection
# the languages TO be employed and
hc- rules of procedure in the court.
whose sittings are TO be behind closed
lOors.
Art 81. a Judgment agreed 10 by a
majority vote is to be set forth in
writing, giving the full reasons and is
o be signed by each member. the mi
lOrity recording its dissent and sign
ns it.
Articles % to 80. The decision of the
curt is TO be read at a public sitting.
Il the presence of the agents or coun-
el of the cOntendinS parties, who shall
nally decide the matter at issue and
lose the arbitration proceedings.
The concluding clauses relate to the
eVision of proceedings in the case # :
he discovery of new fact, and pro-
ide- that each power bears its own ex-
enses and agreed share Of the cost or ]
he tribunal without prejudice to the