48 TRANSACTIONS OF THE CANADIAN INSTITUTE. (VoL. VIII. 
otherwise stipulated by the powers, in accordance with the rules of Pro 
cedure included in the convention. 
Article X XI provides that the Permanent Court shall have jurisdiction 
in all cases of arbitration, unless there shall be an agreement between the 
parties for the establishment of a special tribunal. 
Article XXII provides for the establishment of an International Bu- 
reau at the Hague. 
These sections determine, as far as the Hague Convention is concerned, 
the long controversy as to the advisability of having a Permanent Tri- 
bunal, or, in case of any particular controversy, of creating a Tribunal 
ad hoc. Thelate Lord Chief Justice Russell was a powerful advocate of the 
latter plan, one advantage of which is that in that way a tribunal specially 
qualified for the settlement of the particular dispute may be selected. 
v 
Article XXIII provides that each signatory power shall select not more 
than four persons of recognized competence in questions of international 
law, enjoying the highest moral reputation, and disposed to accept the 
duties of arbitrators. The persons thus selected shall be enrolled as mem- 
bers of the Court upon a list to be communicated by the Bureau to all the 
signatory powers. The members of the Court are appointed for a term 
of six years, but their appointment may be renewed. 
Article XXIV provides that whenever the signatory powers wish to 
have recourse to the Permanent Court for the settlement of a difference 
which has arisen between them, the arbitrators selected to constitute 
the tribunal which shall have jurisdiction to determine such difference 
shall be chosen from the general list of members of the Court. Should such 
arbitral tribunal not be constituted by the special agreement of the parties 
it is to be formed by each party naming two arbitrators. Those together 
are required to choose an umpire. If the votes are equal, the choice of the 
umpire is to be entrusted to a third power, selected by the parties by com- 
mon accord. If an agreement is not arrived at in this way, each party 
is to select a different power, and the choice of the umpire is to be made 
by the united action of the powers thus selected. The members of the court 
in the discharge of their duties, and outside of their own country, are 
entitled. to enjoy diplomatic privileges and immunities. The court of 
arbitration is usually to sit at the Hague, and except in cases of necessity, 
the place of sitting is not to be changed by the court without the assent of 
the parties. ; : 
By Article XXVI, the International Bureau at the Hague is authorized 
to put its offices and its staff at the disposal of the signatory powers, for 
the purpose of the duties of any special tribunal of arbitration. The 
