NETHERLANDS. 



527 



the parties themselves do not adopt other rules 

 with reference to this matter. 



" OF THE PERMANENT COURT OF ARBITRATION. 



"ART. XXI. With the object of facilitating 

 immediate recourse to the arbitration of inter- 

 national differences not settled by diplomatic 

 means the signatory powers pledge themselves 

 to organize in the following manner a permanent 

 court of arbitration, accessible at all times and 

 wprking, except there be a contrary stipulation 

 of the disputing parties, in conformity with the 

 rules of procedure inserted in the present con- 

 vention. 



" ART. XXII. This court has competence in all 

 cases of arbitration unless the disputing parties 

 agree to establish a special arbitral jurisdiction. 



" ART. XXIII. An international bureau estab- 

 lished at The Hague, and placed under the direc- 

 tion of a permanent secretary general, is to act 

 as the office of the court. 



" It is to be the intermediary for the communi- 

 cations dealing with the meetings of the latter. 



" It is to have care of the archives and the con- 

 duct of all the administrative business. 



" The signatory powers shall communicate to 

 the bureau a copy of every agreement to resort 

 to arbitration and of every arbitral decision made 

 by special arrangement apart from the perma- 

 nent court. They shall likewise communicate all 

 laws, regulations, and documents evidencing the 

 execution of sentences of the court. 



" ART. XXIV. Each of the signatory powers 

 shall designate in the three months following the 

 ratification of the present act four persons at 

 the most, of recognized competence in questions 

 of international law, and enjoying the highest 

 esteem, and ready to accept the duties of arbi- 

 trators. 



" The persons thus nominated will be entered, 

 with the title of members of the court, on a list 

 which will be communicated by the bureau to 

 all the signatory powers. 



"Every modification of the list of arbitrators 

 shall be brought to the notice of the signatory 

 powers by the bureau. 



" Two or more powers may agree to nominate 

 one or more members in common. 



" The same person may be nominated by differ- 

 ent powers. 



" The members of the court are appointed for 

 a term of six years. Their appointment may be 

 renewed. 



" In case of the decease or of the retirement 

 of a member of the tribunal the vacancy will be 

 filled in accordance with the rules established 

 for nomination. 



" ART. XXV. The signatory powers which de- 

 sire to apply to the court for the settlement of 

 differences which have arisen between them 

 choose out of the general list the number of arbi- 

 trators jointly agreed upon. 



" They give notice to the bureau of their inten- 

 tion to apply to the court and of the names of 

 the arbitrators whom they have nominated. 



" In case of a difficulty arising as to the choice 

 of an umpire the choice is to be intrusted to a 

 third power designated by agreement between the 

 parties. Failing such agreement, each party is 

 to designate a different power, and the umpire is 

 to be agreed upon by the powers thus designated. 



"ART. XXVI. The tribunal sits usually at 

 The Hague. 



" It has the right to sit elsewhere with the 

 consent of the parties in litigation. 



"ART. XXVII. Every power, though not a 

 signatory of this act, can apply to the court 



under the conditions proscribed by the present 

 convention. 



"ART. XXVIII. The signatory powers consid- 

 er it a duty, in case a sharp conflict should 

 threaten to break out between two or more of 

 them, to remind these that the permanent court 

 is open to them. 



"Consequently, they declare thai UK- fact of 

 one or several of them reminding the disputing 

 states of the provisions of the [in-sent conven- 

 tion and the advice given, in the higher interest 

 of peace, to apply to the permanent court, can 

 only be considered an exercise of good oflices. 



" ART. XXIX. A permanent council, composed 

 of the diplomatic representatives of the signatory 

 powers resident at The Hague and the Dutch 

 Minister for Foreign Affairs, who shall discharge 

 the functions of president, shall be constituted in 

 that city as soon as possible after the ratification 

 of the present act. 



" This council shall be charged with establish- 

 ing and organizing the international bureau, 

 which shall remain under its direction and under 

 its control. 



" It shall notify the powers of the constitution 

 of the court, and shall provide for its installa- 

 tion. 



" It shall decree its procedure, as well as all 

 other necessary regulations. 



" It shall decide all questions which may arise 

 touching the working of the tribunal. 



" It shall have absolute powers as to the nomi- 

 nation, suspension, or recall of the functionaries; 

 and employees of the bureau. 



" It shall fix the pay and salaries, and control 

 the general expenditure. 



" The presence of five members at meetings 

 duly convoked shall suffice to enable the council 

 to deliberate in valid form. Decisions are taken 

 by a majority of votes. 



" The council addresses each year to the signa- 

 tory powers a report on the labors of the court, 

 on the discharge of the administrative services,, 

 and on the expenditure. 



"ART. XXX. The costs of the bureau shall 

 be borne by the signatory powers in the propor- 

 tion fixed by the international bureau of the Uni- 

 versal Postal Union. 



" OF ARBITRATION PROCEDURE. 



"ART. XXXI. The powers which accept arbi- 

 tration will sign a special agreement or compro- 

 mise, in which are clearly laid down the object 

 of the dispute as well as the extent of the arbi- 

 trators' powers. This document shall confirm 

 the undertaking of the parties to submit them- 

 selves in good faith to the arbitrators' decision. 



" ART. XXXII. The arbitral functions may be 

 conferred on one single arbitrator, or on several 

 arbitrators, named by the parties at their own 

 discretion, or chosen by them among the mem- 

 bers of the permanent arbitration court estab- 

 lished by the present act. 



" In the absence of a contrary agreement the 

 formation of the tribunal of arbitration shall be 

 proceeded with in the following manner: 



"Each party shall name two arbitrators, and 

 they shall choose together an umpire. 



" In case of a division of votes, the choice of 

 the umpire shall be intrusted to a third power, 

 named in agreement by the parties. 



" If an agreement is not come to on this sub- 

 ject, each party shall designate a different power, 

 and the choice of the umpire shall be made in 

 concert by the powers so designated. 



" ART. XXXIII. When the arbitrator is a sov- 

 ereign or the chief of a state the arbitration pro- 



