The record-union., 1899-07-08


ent article not more than four persons
of recognized competency in questions
of international law, enjoying the high
est moral consideration and prepared to
accept the functions of arbitrator. The
persons thus nominated will be enter
ed as members of the court on list
which will be communicated by the
bureau to all the signatory Powers.
Any modification of the list will be
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
for the term of six years. The appoint
ments are renewable. In case of death
or resignation of a member of the court
the vacancy is to be filled in accord
ance with the regulations made for the
original nomination.
Article 24.-The signatory Powers
who desire to apply to the court for a
settlement Of differences shall select
from the general list a number of ar
bitrators, to be fixed by agreement.
They will notify the bureau of their in
tention of applying to the court, and
give the names of the arbitrator they
| may have selected. In absence of a
convention to the contrary, an arbitral
tribunal. is to be constituted in ac-
cordance with the rules Of article 81.
Arbitrator thus nominated to form an
arbitral tribunal for matter or ques-
ton will meet on the date fixed for the
contending parties.
Article 25-The tribunal will usually
sit at The Hague, but may sit else
where by consent of the contending
Powers.
Article 26-The Powers not signing
the convention may apply to the court
| under the conditions prescribed by the
present convention.
Article 21-The signatory Powers
may consider it their duty to call at
tention to the existence of a perma-
nent court to any of their friends be-
tween whom a conflict is threatened,
which must always be regarded as a
tender of good Offices
Article 2S-A permanent council,
composed of the diplomatic representa-
tives of the signatory Powers residing
at The Hague, and the Netherlands
Foreign Minister, who will exercise the
functions of President, will be consti-
tuted at The Hague as soon as posi-
bic after the ratification of the present
act. The council will be charged to
establish and organize the international
bureau, which will remain under its
direction and control. The council will
notify the Powers of the constitution
of the court, and arrange its installa-
ton, draw up the standing orders and
other necessary regulations, will de-
eide on the. questions likely to arise in
regard to the working of the tribunal,
have absolute powers concerning the
appointment, suspension or dismissal
of functionaries or employer, will fix
the emoluments and salaries and con-
troll the general expenditure. The pres
ence of five members at duly convened
meetings will constitute quorum De-
cisions are to be taken by majority
of the votes. The council will ad-
dress annually to the signatory Powers
report on the labors of the court, the
working of it's administrative services
and of it's expenditure.
Article 29-The exposes Of the bu-
reau are to be borne by the signatory
Powers in the proportion fixed for the
international bureau Of the universal
postal union.
Article 3O-The Powers who accept
arbitration will sign special act. clear
ly defining the object of the dispute as
we'll as the scope of the arbitr alton.
The POwers's act is to confirm the I'M
derworkings Of the parties to submit
in good faith to the arbitration iudg-
ment
Article STANDARDIZATION functions may
be conferred upon a single arbitrator
or on several arbitrator DESIGNATED by
the parties at their discretion. or
chosen from among the members of the
permanent court established by the
present act. Unless otherwise decided,
the formation Of the arbitration tribu-
nal is to be effected as follows: Each
party will appoint two arbitrator who
will choose chief arbitrator. In case
of division the selection is to be en-
trusted to a third Power whom the
parties will designate. If an agree
ment is not effected in this manner.
each party is to designate a different
Power, and the choice of chief arbi-
traitor is to devolve upon them.
Article 32-When an arbitrator is a
sovereign or head of a State, the arbi-
trail procedure depends exclusively on
his august decision.
Article 333-The chief arbitrator is
President de jeur. When the. tribunal
does not contain chief of arbitration,
the tribunal may appoint it's own
President. He may be designated by
the contending parties, or, failing this.
by the arbitration tribunal.
Articles "a to SO provide for the APP
pointment of councillors, the selection
of the languages to be employed and
the rules of procedure in the court,
whose sittings are to be behind closed
doors.
Article. 51-A Judgment agreed to by
majority vote is to be set forth in
writing, giving the full reasons, and is
to be signed by each member, the
minority recording it's dissent and
signing it.
Articles 80 to 53-The decision of the
court is to be read at a public sitting
in the presence of the agents or coun-
sci of the contending parties, who shall
finally decide the matter at issue and
close the arbitration proceedings.
The concluding clauses relate to the
revision of proceedings in the case of
the discovery of a new fact, and pro-
vide that each Power bears its own
expenses and good share of the cost
of the tribunal, without prejudice to
the penalties imposed.
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