528 



NETHERLANDS. 



ct-dure shall be exclusively settled by his high 

 determination. 



- AitT. XXXIV. The umpire is president etc 

 jtirc of the tribunal. 



" When the tribunal does not include an umpire 

 it shall itself name its president. 



"ART. XXXV. Except there be a stipulation 

 to the contrary, in case of the decease or resigna- 

 tion of one of the arbitrators, or his inability from 

 any cause whatever to act. the vacancy will be 

 filled in accordance with the rules established for 

 nomination. 



"Airr. XXXVI. The seat of the tribunal is 

 designated by the disputing parties, or. in default 

 of such designation, by the tribunal of arbitra- 

 tion. 



" The scat thus fixed upon can only be changed 

 in conscouence of a new agreement between the 

 interest ed states or. in case of necessity, by de- 

 cision of the tribunal itself. 



" AKT. XXXVII. The disputing parties have 

 th- right to name to the tribunal delegates or 

 sjMM-ial agents to serve as intermediaries between 

 the tribunal and the litigating parties. 



" Thcv are. moreover, authorized to intrust the 

 defense of their rights and interests before the 

 tribunal to counsel or advocates named by them 

 for that purpose. 



" AKT. XXXVIII. The tribunal decides upon 

 the choice of languages authorized to be em- 

 ployed before it. 



" AKT. XXXIX. The arbitral procedure com- 

 prises as a general rule two phases the phase of 

 instruction and the phase of pleading. 



" The first consists in the communication made 

 by the agents of the disputing parties to the 

 members of the tribunal and to the opposing party 

 of all printed or written deeds and of all docu- 

 ments containing the cases of the parties. 



" The second is oral, and consists in the hear- 

 ing before the tribunal. 



" AKT. XL. Every document produced by one 

 of the parties must be communicated to the other 

 party. 



"AKT. XLL The hearing before the tribunal 

 is directed by the president. 



" It is recorded in reports set forth by secre- 

 taries appointed by the president. These reports 

 alone are to be regarded as authentic. The plead- 

 ings are to be public only if so decided by the 

 court with the consent of the parties. 



" AKT. XLII. The preliminary procedure being 

 private and the debates being public, the tribunal 

 has the right to refuse all new deeds or docu- 

 ments which the representatives of one of the 

 parties wish to submit to it without the consent 

 of the other. 



" AKT. XLII I. The tribunal remains free to 

 take into consideration new documents or proofs 

 of which the agents or counsel of the disputing 

 parties have made use in their arguments be- 

 fore it. 



" It has the right to demand the production of 

 these documents or proofs apart from the obliga- 

 tion of making them known to the opposite party. 



" AKT. XLIV. The tribunal can, moreover, re- 

 <|uire from the agents of the parties the produc- 

 tion of all the documents and explanations which 

 it requires. In case of refusal the tribunal takes 

 note of the fact. 



"Airr. XLV. The agents and counsel of the 

 litigating parties are authorized to present orally 

 to the tribunal all the arguments they consider 

 useful for the defense of their cause. 



" AKT. XLVI. They have the right to raise ob- 



tions or incidental points. The decisions of 

 the tribunal upon these points settle the contro- 



versy, and can not give rise to any further dis- 

 cussion. 



" ART. XLVII. The members of the tribunal 

 have the right to ask questions of the agents 

 and counsel of the disputing parties, and to de- 

 mand from them explanations of doubtful points. 



" Neither the questions put nor the observa- 

 tions made by the members of the tribunal in 

 the course of the debates can be regarded as 

 enunciations of the opinion of the tribunal in 

 general or of its members in particular. 



" ART. XLVIII. The tribunal alone is author- 

 ized to settle its competence by the interpretation 

 of the agreement to arbitrate as well as of other 

 treaties w r hich may be invoked in the matter, and 

 by the application of the principles of interna- 

 tional law. 



"ART. XLIX The tribunal has the right to 

 make rules of procedure for the direction of the 

 arbitration, to settle the forms and periods within 

 which each party will be obliged to finish its case, 

 and to carry out all the formalities necessary for 

 the receiving of evidence. 



"ART. L. The agents and counsel of the dis- 

 puting parties having presented all explanations 

 and evidence on behalf of their cause, the presi- 

 dent of the tribunal announces the closing of the 

 hearing. 



" ART. LI. The deliberations of the tribunal 

 take place with closed doors. 



" Every decision is taken by a majority of 

 members of the tribunal. 



" The refusal of a member to give his vote must 

 be noted in the report. 



"ART. LII. The arbitral decision voted by a 

 majority must state the reasons on which it is 

 based. It is to be set down in writing and signed 

 by all the members of the tribunal. 



" Those of the members who are in a minority 

 may, when signing, record their dissent. 



" ART. LIII. The arbitral decision is read out 

 at a public sitting of the tribunal in the pres- 

 ence of the agents and counsel of the disputing 

 parties or after they have been duly summoned. 



"ART. LIV. The arbitral decision, duly pro- 

 nounced and notified to the agents of the disput- 

 ing parties, definitely decides the question at issue, 

 and closes the arbitration proceedings instituted 

 by the agreement to arbitrate. 



" ART. LV. Except in the case of a contrary 

 provision contained in the agreement to arbitrate, 

 revision of the arbitral decision may be demanded 

 of the tribunal which has given the decision, but 

 only on the ground of the discovery of a new 

 fact, which would have been of such a nature 

 as to .exercise a decisive influence on the judg- 

 ment, and which at the moment of such judgment 

 was unknown to the tribunal itself and to the 

 parties. 



" The procedure of revision can only be opened 

 by a decision of the tribunal expressly declaring 

 the existence of the new fact, possessing the char- 

 acter set forth in the preceding paragraph, and 

 declaring that the demand is admissible on that 

 ground. 



" No demand for revision can be accepted three 

 months after the notification of the decision. 



"ART. LVL The arbitral decision is only 

 obligatory on the parties who have concluded the 

 agreement to arbitrate. 



"When it is a question of the interpretation 

 of a convention existing between a greater num- 

 ber of powers than those between which the dif- 

 ference at issue has arisen the disputing parties 

 notify to the other powers who have signed the 

 convention the agreement to arbitrate which they 

 have made. Each of those powers has the right 



