Evening star., 1929-01-04
ARBITRATION PACT
! AIDS PEACE CAUSE
Republics Condemn War fol-
Cancellation as National
Policy.
Text of General Treaty
TO Provide Arbitration

minican Republic. Cuba and the Unitet
States Of America. represented at tn
conference on Cancellation and arbitra
lion. assembled at Washington, pur
suant TO the resolution adopted on Feb
nuary 18. 1923, by the Sixth Interna
1ional Conference of American State
held in the City of Havana:
In accordance with the solemn dec
iarationS made at the said conference I,
the effect that the American republic
condemn war as an instrument of ma
tional policy and adopt obligatory ar
bitration as the means for the settle
ment Of their international difference
of a juridical character;
Being convinced that the republic
Of the New World, governed by the prin
fCipleS institutions and practices OF de-
'mocracy and bound furthermore by mu
,tual interests, which are increasing eacf
Gay, have not only the necessity bu
also the outv of avoiding the disturb
ance of continental harmony whenever
differences which are susceptible of ju'
Rlicial decision arise among them:
Conscious of the great moral anc
material benefits which peace offers to
humanity and that the sentiment anC
opinion of America demand, without
delay, the organization of an arbitra
1nanent reign of justice and law;
And animated by the purpose of Civ
ing conventional form to these poStu-
lateS and aspirations with the mini
mum exceptions which they have con-
Isidered indispensable to safeguard the
independence and sovereignty of the
states and in the most ample manner
possible under present international
conditions, have resolved to effect the
present treaty and for that purpose
have designated the plenipotentiaries
Hereinafter named;
who. after having deposited their
full powerss found in good and due form
lby the conference, have agreed upon the
following:
ARTICLE I.
1.-THE high contracting parties bind
themselves to submit to arbitration all
differences of an international char
acter which have arisen or may arise
between them by virtue of claim OF
right made by one against the other
under treaty or otherwise, which it has
not ben possible to adjust by diplomacy
and which are juridical in their nature
by reason Of being susceptible of de-
cision by the application of the prin-
ciples of law.
There shall be considered as in
cluded among the questions of judicial
character:
"(a) The Interpretation of treaty
"(b) Any question of international
law.
"(c) The existence of any fact which,
If established, would constitute breach
of an international obligation.
I'D The nature and extent Of the
"a 10 to no. foys 1asS nj
of an international obligation
"The provisions of this treaty shall
not preclude any of the parties, be-
fore resorting to arbitration, from hav-
ing recourse to procedures of investiga-
ton and conciliation established in
conventions then in force between them
ARTICLE II.
'There are excepted from the stipula-
tions Of this treaty the following con-
troversies:
"(a) Those which are within the
domestic jurisdiction of any of the
parties to the dispute and are not con-
trolled by international law; and
"(b) Those which affect the interest
or refer to the action of state not q
party to this treaty.
ARTICLE III.
"The arbitrator or tribunal who shall
decide the controversy shall be designat-
ed by agreement of the parties.
1 In the absence of an agreement the
following procedure shall be adopted:
Each party shall nominate two ar
bitrators, of whom only one may be 9
national of said party or selected from
the persons whom said party has
designated as members of the perma-
nent Court Of Arbitration at the Hague
The other member may be of any Other
American nationality. These arbitrator
shall in turn select fifth arbitrator
who shall be the president of the court
Should !he arbitrators be unable u
reach an agreement among themselve:
for the selection of a fifth American
arbitrator, or in lieu thereof. of an
other who is not, each party shall
designate a non-American member o.
the permanent Court of Arbitration a
the Hague and the two persons St
designated shall select the fifth arbitra
tor. who may be of any nationalit.
other than that Of party to thu
dispute.
ARTICLE w.
"The parties to the dispute shal
formulate by common accord, in eacl
case, a special agreement which Snal
clearly define the particular subJec
matter of the controversy, the seat o
the court, the rules which VIII be OBJ
served in the proceedings ana the otne
conditions to which the parties ma
agree.
If an accord has not been reaches
with regard to the agreement within
three months reckoned from the dat
of the installation of the court, tn
agreement shall be formulated by th
court.
ARTICLE v.
I'm case Of death, resignation or il
capacity of one of the arbitrators tn
vacancy shall be filled in the sam
manner as the original appointment.
ARTICLE VI.
'When there are more than tw
states directly interested in the sam
controversy. and the interests OF tw
j or more of them are similar the stat
or states who are on the same side c
the question may increase the numbe
4 of arbitratorS on the court, provide
that in all cases the parties on eac
side of the controversy shall appoir
an equal number of arbitrators. Their
shall also be a presiding arbitrator sc
. lected in the same manner as that pro
i vided in the last paragraph Of Articl
= III, the parties on each side of the con
: troversy being regarded as a singl
party for the purpose of making tn
designation therein described.
ARTICLE VII.
. "The award, duly pronounced an
/. notified to the parties, settles the dis
. pute definitely and without appeal. Dit
ferences which arise with regard to II
. Interpretation or execution shall b
submitted to the decision Of the coul
which rendered the award.
ARTICLE VIII.
'"The reservations made by one of tn
. high contracting parties shall have tn
> effect that the other contracting partie
) are not bound with respect TO the part
J. MAILING the raSnrvat tiOns pXcpnt tn tn