14 TREATY PROVISIONS RELATING TO ARBITRATION. 



Two or more Powers may agree on the selection in common of one 

 or more members. 



The same person can be selected by different Powers. The members 

 of the Court are appointed for a term of six years. These appoint- 

 ments are renewable. 



Should a member of the Court die or resign, the same procedure 

 is followed for filling the vacancy as was followed for appointing 

 him. In this case the appointment is made for a fresh period of 

 six years. 



Article XLV. 



When the Contracting Powers wish to have recourse to the Perma- 

 nent Court for the settlement of a difference which has arisen between 

 them, the Arbitrators called upon to form the Tribunal with jurisdic- 

 tion to decide this difference must be chosen from the general list of 

 members of the Court. 



Failing the direct agreement of the parties on the composition of 

 the Arbitration Tribunal, the following course shall be pursued : — 



Each party appoints two Arbitrators, of whom one only can be its 

 national or chosen from among the persons selected by it as members 

 of the Permanent Court. These Arbitrators together choose an 

 Umpire. 



If the votes are equally divided, the choice of the Umpire is in- 

 trusted to a third Power, selected by the parties by common accord. 



If an agreement is not 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. 



If, within two months' time, these two Powers cannot come to an 

 agreement, each of them presents two candidates taken from the list 

 of members of the Permanent Court, exclusive of the members 

 selected by the parties and not being nationals of either of them. 

 Drawing lots determines which of the candidates thus presented shall 

 be Umpire. 



Article XLVI. 



The Tribunal being thus composed, the parties notify to the Bureau 

 their determination to have recourse to the Court, the text of their 

 " Compromis," and the names of the Arbitrators. 



The Bureau communicates without delay to each Arbitrator the 

 " Compromis," and the names of the other members of the Tribunal. 



The Tribunal assembles at the date fixed by the parties. The 

 Bureau makes the necessary arrangements for the meeting. 



The members of the Tribunal, in the exercise of their duties and out 

 of their own country, enjoy diplomatic privileges and immunities. 



Article XL VII. 



The Bureau is authorized to place its offices and staff at the disposal 

 of the Contracting Powers for the use of any special Board of Arbi- 

 tration. 



The preliminary Agreement in an international arbitration defining the 

 point at issue and arranging the procedure to be followed. 



