The Arbitration Treaty 169 



Court and the Judicial Committee of the Privy 

 Council; and if these do not agree within three 

 months, the selection shall be left (as before) to the 

 King of Sweden and Norway. The umpire, when 

 selected, shall preside. The award of the tribunal 

 of three shall be reviewed by this tribunal of five, 

 and the award of a majority of the five shall be 

 final. 



Thirdly, " any controversy involving the deter- 

 mination of territorial claims shall be submitted to 

 a tribunal of six members," three of whom shall be 

 judges of the Supreme Court or of Circuit Courts, 

 to be nominated by the President of the United 

 States. The other three shall be members of the 

 highest British court or members of the Judicial 

 Committee of the Privy Council, to be nominated 

 by the Queen. "Their award by a majority of 

 not less than five to one shall be final. If there is 

 less than the prescribed majority, the award shall 

 also be final, unless either party within three 

 months protests that the award is erroneous. If 

 the award is protested, or if the members of 

 the tribunal are equally divided, there shall be 

 no recourse to hostile measures of any descrip- 

 tion until the mediation of one or more friendly 

 powers shall have been invited by one or the other 

 party." It is also provided that "where one of 



