1903-4. | INTERNATIONAL ARBITRATION. 47 
arise. It may relate to every kind of controversy, or solely to controversies 
of a particular character. 
Article XVIII provides that the agreement of arbitration implies the 
obligation to submit in good faith to the decision of the arbitral tribunal. 
Little would be gained by a reference to arbitration whichis subject 
to such a reservation as that said to have been suggested by the late 
President of the Transvaal Republic, who wanted arbitration, but said 
that if the arbitrators did not decide in his favour he would fight. It can- 
not, of course, be contended that every discussion of an arbitral tribunal 
is valid and binding. Heffter states the following six grounds of objec- 
tion to an arbitrators’ award: 
ist. “If given without any sufficient agreement to refer beyond the 
terms of the agreement.” (It was on this ground that the United States, 
in 1831, rejected the award of the King of the Netherlands as to the Can- 
adian boundary, made pursuant to the Treaty of 1829.) 
and. If given by arbitrators who turn out to be utterly incapable. 
3rd. If the arbitrator or the other side has not acted in good faith. 
4th. If the parties or one of them have not been understood. 
5th. If the judgment relates to things not in dispute. 
6th. If its terms are absolutely at variance with the rules of justice, 
and can not therefore form the subject of any agreement. (On this ground, 
the award of the Roman senate, on a reference to them of a dispute to 
certain lands between two towns, that the lands belonged to the Roman 
State, would be objectionable, but in that case the award was carried 
into effect.) 
Article XIX provides that, independently of existing general or 
special treaties imposing the obligation to have recourse to arbitration 
on the part of any of the signatory powers, the powers reserve to themselves 
the right to conclude, either before the ratification of the present convention, 
or subsequent to that date, new agreements, general or special, with a view 
to extending the obligation to submit controversies to arbitration in all 
cases which they consider suitable for such submission. Of such treaties 
there are already many. Special reference need only be made to the one 
between Italy and Argentina, by which it was agreed to refer all disputes, 
without exception, to arbitration. In addition to these Arbitration Treaties, 
arbitration clauses have been introduced into numerous other treaties. 
Article XX provides that, with the object of facilitating an immediate 
recourse to arbitration for international differences which could not be 
settled by diplomatic methods, the signatory powers undertake to organize 
a Permanent Court of Arbitration accessible at all times, and acting, unless 
