CHAPTER III.

On Arbitral Procedure.

ARTICLE XXX. With a view to encourage the development of arbitration, the Signatory Powers have agreed on the following Rules which shall be applicable to arbitral procedure, unless other Rules have been agreed on by the parties.

ARTICLE XXXI. 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.

ARTICLE XXXII. 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 agreement between the parties, the following course shall be pursued: Each party appoints two Arbitrators, and these latter together 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.

ARTICLE XXXIII. When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitral procedure is settled by him.

ARTICLE XXXIV. The Umpire is by right President of the Tribunal. When the Tribunal does not include an Umpire, it appoints its own President.

ARTICLE XXXV. 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.

ARTICLE XXXVI. 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.

ARTICLE XXXVII. 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, counselor advocates appointed by them for this purpose.

ARTICLE XXXVIII. The Tribunal decides on the choice of languages to be used by itself, and to be authorized for use before it.

ARTICLE XXXIX. 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 XLIX. Discussion consists in the oral development before the Tribunal of the arguments of the parties.

ARTICLE XL. Every document produced by one party must be communicated to the other party.

ARTICLE XLI. 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 "procès-verbaux" lone have an authentic character.

ARTICLE XLII. When the preliminary examination is concluded, the Tribunal has the light 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.

ARTICLE XLIII. 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.

ARTICLE XLIV. 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.

ARTICLE XLV. The agents and counsel of the parties are authorized to present orally to the Tribunal all the arguments they may think expedient in defence of their case.

ARTICLE XLVI. 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.

ARTICLE XLVII. 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.

ARTICLE XLVIII. 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.

ARTICLE XLIX. 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.

ARTICLE L. 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.

ARTICLE LI. 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."

ARTICLE LII. 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.

ARTICLE LIII. 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.

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ARTICLE LIV. The award, duly pronounced and notified to the agents of the parties at variance, puts an end to the dispute definitely and without appeal.

ARTICLE LV. 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.

ARTICLE LVI. 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.

ARTICLE LVII. Each party pays its own expenses and an equal share of those of the Tribunal.

General Provisions.

ARTICLE LVIII. The present Convention shall be ratified as speedily as possible. The ratification 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.

ARTICLE LIX. 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 Netherland Government, and communicated by it to all the other Contracting Powers.

ARTICLE LX. 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.

ARTICLE LXI. 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 Netherland Government, and by it communicated at once to all the other Contracting Powers. This denunciation shall on]y 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 Netherland Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.

_United States, 56th Congress, 1st Session., Senate Document 159._

PEACE CONFERENCE: The Permanent Court of Arbitration.

The following is the membership of the Permanent Court of Arbitration, as finally organized, in January, 1901, and announced to be prepared for the consideration of any international dispute that may be submitted to it. Fifteen of the greater nations of the world are represented in this most august tribunal that has ever sat for judgment of the disputes of men:

Austria-Hungary.

His Excellency Count Frederic Schonborn, LL. D., president of the Imperial Royal Court of Administrative Justice, former Austrian Minister of Justice, member of the House of Lords of the Austrian Parliament, etc.

His Excellency Mr. D. de Szilagyi, ex-Minister of Justice, member of the House of Deputies of the Hungarian Parliament.

Count Albert Apponyi, member of the Chamber of Magnates and of the Chamber of Deputies of the Hungarian Parliament, etc.

Mr. Henri Lammasch, LL. D., member of the House of Lords of the Austrian Parliament, etc.

Belgium.

His Excellency Mr. Beernaert, Minister of State, member of the Chamber of Representatives, etc.

His Excellency Baron Lambermont, Minister of State, Envoy Extraordinary and Minister Plenipotentiary, Secretary-General of the Ministry of Foreign Affairs.

The Chevalier Descamps, Senator.

Mr. Rolin Jacquemyns, ex-Minister of the Interior.

Denmark.

Professor H. Matzen, LL. D., Professor of the Copenhagen University, Counsellor Extraordinary of the Supreme Court, President of the Landsthing.

France.

M. Leon Bourgeois, Deputy, ex-President of the Cabinet Council, ex-Minister for Foreign Affairs.

M. de Laboulaye, ex-Ambassador.

Baron Destournelles de Constant, Minister Plenipotentiary, Deputy.

M. Louis Renault, Minister Plenipotentiary, Professor in the Faculty of Law at Paris, Law Office of the Department of Foreign Affairs.

Germany.

His Excellency Mr. Bingner, LL. D., Privy Councillor, Senate President of the Imperial High Court at Leipsic.

Mr. von Frantzius, Privy Councillor, Solicitor of the Department of Foreign Affairs at Berlin.

Mr. von Martitz, LL. D., Associate Justice of the Superior Court of Administrative Justice in Prussia, Professor of Law at the Berlin University.

Mr. von Bar, LL. D., Judicial Privy Councillor, Professor of Law at the Göttingen University.

Great Britain.

His Excellency the Right Honorable Lord Pauncefote of Preston, G. C. B., G. C. M. G., Privy Councillor, Ambassador at Washington.

The Right Honorable Sir Edward Baldwin Malet, ex-Ambassador.

The Right Honorable Sir Edward Fry, member of the Privy Council, Q. C.

Professor John Westlake, LL. D., Q. C.

Italy.

His Excellency Count Constantin Nigra, Senator of the Kingdom, Ambassador at Vienna.

His Excellency Commander Jean Baptiste Pagano Guarnaschelli, Senator of the Kingdom, First President of the Court of Cassation at Rome.

His Excellency Count Tornielli Brusati di Vergano, Senator of the Kingdom, Ambassador at Paris.

Commander Joseph Zanardelli, Attorney at Law, Deputy to the National Parliament.

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Japan. Mr. Motono, Envoy Extraordinary and Minister Plenipotentiary at Brussels.

Mr. H. Willard Denison, Law Officer of the Minister for Foreign Affairs at Tokio.

Netherlands. Mr. T. M. C. Asser, LL. D., member of the Council of State, ex-Professor of the University of Amsterdam.

Mr. F. B. Coninck Liefsting, LL. D., President of the Court of Cassation.

Jonkheer A. F. de Savornin Lohman, LL. D., ex-Minister of the Interior, ex-Professor of the Free University of Amsterdam, member of the Lower House of the States-General.

Jonkheer G. L. M. H. Ruis de Beerenbrouck, ex-Minister of Justice, Commissioner of the Queen in the Province of Limbourg.

Portugal. Count de Macedo, Peer of the Realm, ex-Minister of Marine and Colonies, Envoy Extraordinary and Minister Plenipotentiary at Madrid.

Rumania. Mr. Theodore Rosetti, Senator, ex-President of the High Court of Cassation and Justice.

Mr. Jean Kalindero, Administrator of the Crown Domain, ex-Judge of the High Court of Cassation and Justice.

Mr. Eugene Statsco, ex-President of the Senate, ex-Minister of Justice and Foreign Affairs.

Mr. Jean N. Lahovari, Deputy, ex-Envoy Extraordinary and Minister Plenipotentiary, ex-Minister of Foreign Affairs.

Russia. Mr. N. V. Mouravieff, Minister of Justice, Active Privy Councillor, Secretary of State of His Majesty the Emperor.

Mr. C. P. Pobedonostzeff, Attorney-General of the Most Holy Synod, Active Privy Councillor, Secretary of State of His Majesty the Emperor.

Mr. E. V. Frisch, President of the Department of Legislation of the Imperial Council, Active Privy Councillor, Secretary of State of His Majesty the Emperor.

Mr. de Martens, Privy Councillor, permanent member of the Council of the Ministry of Foreign Affairs.

Spain. His Excellency the Duke of Tetuan, ex-Minister of Foreign Affairs, Senator of the Kingdom, Grandee of Spain.

Mr. Bienvenido Oliver, Director-General of the Ministry of Justice, ex-Delegate of Spain to the Conference on Private International Law at The Hague.

Dr. Manuel Torres Campos, Professor of international law at the University of Grenada, associate member of the Institute of International Law.

Sweden and Norway. Mr. S. R D. K. D'Olivecrona, member of the International Law Institute, ex-Associate Justice of the Supreme Court of the Kingdom of Sweden, Doctor of Laws and Letters at Stockholm.

Mr. G. Gram, ex-Minister of State of Norway, Governor of the Province of Hamar, Norway.

United States. Mr. Benjamin Harrison, ex-President of the United States.

Mr. Melville W. Fuller, Chief Justice of the United States.

Mr. John W. Griggs, Attorney-General of the United States.

Mr. George Gray, United States Circuit Judge. First Secretary of the Court

J. J. Rochussen. Second Secretary of the Court

Jonkheer W. Roell.

The Administrative Council consists of the Minister of Foreign Affairs of the Netherlands and the diplomatic representatives at The Hague of the ratifying Powers.

Secretary-General Mr. R Melvil, Baron Van Leyden, Judge of the District Court of Utrecht and a member of the First Chamber of the States-General.

PEACE CONFERENCE: Convention with respect to the Laws and Customs of War on Land.

ARTICLE I. The High Contracting Parties shall issue instructions to their armed land forces, which shall be in conformity with the "Regulations respecting the Laws and Customs of War on Land" annexed to the present Convention.

ARTICLE II. The provisions contained in the Regulations mentioned in Article I. are only binding on the Contracting Powers, in case of war between two or more of them. These provisions shall cease to be binding from the time when, in a war between Contracting Powers, a non-Contracting Power joins one of the belligerents.

ARTICLE III. 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 Contracting Powers.

ARTICLE IV. Non-Signatory Powers are allowed to adhere to the present Convention. For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification addressed to the Netherland Government, and by it communicated to all the other Contracting Powers.

ARTICLE V. In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Nethterland Government, and by it at once communicated to all the other Contracting Powers. This denunciation shall affect only the notifying Power.

In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals thereto.

[Signed by representatives of Belgium, Denmark, Spain, Mexico, France, Greece, Montenegro, the Netherlands, Persia, Portugal, Roumania, Russia, Siam, Sweden and Norway, and Bulgaria.]

REGULATIONS.

SECTION I. On Belligerents.