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Art. 31. The Powers who have recourse to arbitration sign a special Act (“Compromis”), in which the subject of the difference is clearly defined, as well as the extent of the Arbitrators' powers. This Act implies the undertaking of the parties to submit loyally to the award.
ART. 32. 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 Act.
Failing the constitution of the Tribunal by direct agree- • ment between the parties, the following course shall be pursued :
Each party appoints two arbitrators, and these latter to gether choose an Umpire.
In case of equal voting, the choice of the Umpire is intrusted to a third Power, selected by the parties by common accord.
If no agreement is arrived at on this subject, each party selects a different Power, and the choice of the Umpire is made in concert by the Powers thus selected.
ART. 33. When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitral procedure is settled by him.
Art. 34. The Umpire is by right President of the Tribunal.
When the Tribunal does not include an Umpire, it appoints its own President.
ART. 35. In case of the death, retirement, or disability from any cause of one of the Arbitrators, his place shall be filled in accordance with the method of his appointment.
Art. 36. The Tribunal's place of session is selected by the parties. Failing this selection the Tribunal sits at The Hague.
The place thus fixed cannot, except in case of necessity, be changed by the Tribunal without the assent of the parties..
Art. 37. The parties have the right to appoint delegates or special agents to attend the Tribunal, for the purpose of serving as intermediaries between them and the Tribunal.
They are further authorized to retain, for the defense of their rights and interests before the Tribunal, counsel or advocates appointed by them for this purpose.
ART. 38. The Tribunal decides on the choice of languages to be used by itself, and to be authorized for use before it.
Art. 39. As a general rule the arbitral procedure comprises two distinct phases; preliminary examination and discussion.
Preliminary examination consists in the communication by the respective agents to the members of the Tribunal and to the opposite party of all printed or written Acts and of all documents containing the arguments invoked in the case. This communication shall be made in the form and within the periods fixed by the Tribunal in accordance with Article 49.
Discussion consists in the oral development before the Tribunal of the arguments of the parties.
Art. 40. Every document produced by one party must be communicated to the other party.
ART. 41. The discussions are under the direction of the President.
They are only public if it be so decided by the Tribunal, with the assent of the parties.
They are recorded in the procès-verbaux drawn up by the Secretaries appointed by the President. These procèsverbaux alone have an authentic character.
Art. 42. When the preliminary examination is concluded, the Tribunal has the right to refuse discussion of all fresh Acts or documents which one party may desire to submit to it without the consent of the other party.
ART. 43. The Tribunal is free to take into consideration fresh Acts 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 Acts or documents, but is obliged to make them known to the opposite party.
ART. 44. The Tribunal can, besides, require from the agents of the parties the production of all Acts, and can demand all necessary explanations. In case of refusal, the Tribunal takes note of it.
ART. 45. The agents and counsel of the parties are authorized to present orally to the Tribunal all the arguments they may think expedient in defense of their case.
ART. 46. They have the right to raise objections and points. The decisions of the Tribunal on those points are final, and cannot form the subject of any subsequent discussion.
ART. 47. The members of the Tribunal have the right to put questions to the agents and counsel of the parties, and to demand explanations from them on doubtful points.
Neither the questions put nor the remarks made by members of the Tribunal during the discussions can be regarded as an expression of opinion by the Tribunal in general, or by its members in particular.
ART. 48. The Tribunal is authorized to declare its competence in interpreting the “Compromis” as well as the other Treaties which may be invoked in the case, and in applying the principles of international law.
ART. 49. The Tribunal has the right to issue Rules of Procedure for the conduct of the case, to decide the forms and periods within which each party must conclude its arguments, and to arrange all the formalities required for dealing with the evidence.
Art. 50. When the agents and counsel of the parties have submitted all explanations and evidence in support of their case, the President pronounces the discussion closed.
Art. 51. The deliberations of the Tribunal take place in private. Every decision is taken by a majority of members of the Tribunal.
The refusal of a member to vote must be recorded in the procès-verbal.
Art. 52. The award, given by a majority of votes, is accompanied by a statement of reasons. It is drawn up in writing and signed by each member of the Tribunal.
Those members who are in the minority may record their dissent when signing.
Art. 53. The award is read out at a public meeting of the Tribunal, the agents and counsel of the parties being present, or duly summoned to attend.
Art. 54. The award, duly pronounced and notified to the agents of the parties at variance, puts an end to the dispute definitely and without appeal.
Art. 55. The parties can reserve in the “Compromis” the right to demand the revision of the award.
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 on the award, and which, at the time the discussion was closed, was unknown to the Tribunal and to the party demanding the revision.
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 foregoing paragraph, and declaring the demand admissible on this ground.
The “Compromis” fixes the period within which the demand for revision must be made.
ART. 56. The award is only binding on the parties who concluded the “ Compromis.”
When there is a question of interpreting a Convention to which Powers other than those concerned in the dispute are parties, the latter notify to the former the “Compromis" they have concluded. Each of these Powers has the right to intervene in the case. If one or more of them avail themselves of this right, the interpretation contained in the award is equally binding on them.
Art. 57. Each party pays its own expenses and an equal share of those of the Tribunal.
General Provisions Art. 58. The present Convention shall be ratified as speedily as possible.
The ratifications shall be deposited at The Hague.
A procès-verbal shall be drawn up recording the receipt of each ratification, and a copy duly certified shall be sent, through the diplomatic channel, to all the Powers who were represented at the International Peace Conference at The Hague.
Art. 59. The non-Signatory Powers who were represented at the International Peace Conference can adhere to the present Convention. For this purpose they must make known their adhesion to the Contracting Powers by a written notification addressed to the Netherlands Government, and communicated by it to all the other Contracting Powers.
ART. 60. The conditions on which the Powers who were not represented at the International Peace Conference can adhere to the present Convention shall form the subject of a subsequent Agreement among the Contracting Powers.
ART. 61. In the event of one of the High Contracting Parties denouncing the present Convention, this denunciation would not take effect until a year after its notification made in writing to the Netherlands Government, and by it communicated at once to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals to it.
Done at The Hague, the 29th July, 1899, in a single copy, which shall remain in the archives of the Netherlands Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.
(L.S.) MUNSTER DERNEBURG. For Austria-Hungary:
(L.S.) WELSERSHEIMB. (L.s.) OKOLICSANYI.
For Belgium :
(L.s.) A. BEERNAERT.