effort to bring the future of Humanity under the Chapter V majesty of the Law." council. ARTICLE 28. A permanent administrative Coun- The adminiscil composed of the diplomatic representatives of trative the Signatory Powers accredited to The Hague, and of the Netherlands Minister of Foreign Affairs, who shall act as President, shall be constituted in that city as soon as possible after the ratification of the present Act by at least nine Powers. This Council shall be charged with the establishment and organization of the International Bureau, which shall remain under its direction and control. It shall notify the Powers of the Constitution of the Court and provide for its installation. It shall make its own by-laws and all other necessary regulations. It shall decide all questions of administration which may arise with regard to the operations of the Court. It shall have entire control over the appointment, suspension, or dismissal of officials and employees of the Bureau. It shall determine their allowances and salaries, and control the general expenditure. At meetings duly summoned five members shall constitute a quorum. All decisions shall be made by a majority of votes. The Council shall communicate to each Signatory Power without delay the by-laws and regulations adopted by it. It shall furnish them with a signed report of the proceedings of the Court, the working of the administration, and the expenses. This Article as originally reported by the Committee restricted the membership of the administrative council to diplomatic representatives "residing" at The Hague. Upon motion of Baron de Bildt on behalf of Sweden and Norway, this was changed to Chapter V Provision for of the "accredited to The Hague." It was found that quite a number of Powers accredited one minister to various other Powers besides Holland, and such representatives, of course, had no permanent residence at The Hague. It was recognized, however, that all Powers who share in the expense of the Court should be represented, if they chose, in the administrative council. ARTICLE 29. The expenses of the Bureau shall be the expenses borne by the Signatory Powers in the proportion established for the international bureau of the International Postal Union. Bureau. According to the rules of the international postal union the Signatory Powers are grouped in classes according to their size and presumptive wealth, and each class divides among its members equally the burden of bearing a fixed proportion of the total charges. This method has worked equitably and without objection, and was therefore indicated as the most practical rule to follow with reference to the Court of Arbitration. The expense of each particular litigation is regulated in Article 57. Chapter III. On Arbitral Procedure The remaining Articles of this Convention form a simple Code of Procedure for use in all cases, where the parties themselves do not provide rules of their own, for the particular case to be submitted. The desirability of such a code has been hitherto recognized in almost every case of international arbitra tion. The basis for the present provisions was a Chapter V most admirable system of rules of procedure adopted by the tribunal which decided the question of the true boundary line between Venezuela and British Guiana. These rules were understood to be the joint production of the distinguished President of that tribunal, M. de Martens of Russia, and of Mr. Justice Brewer of the United States Supreme Court, and Lord Justice Collins of the English High Court of Judicature. ARTICLE 30. With a view to encouraging the Rules. development of arbitration the Signatory Powers have agreed on the following rules, which shall be applicable to the arbitral procedure unless the parties have agreed upon different regulations. ARTICLE 31. The Powers which resort to arbitra- Agreement to tion shall sign a special act (compromis) in which arbitrate. the subject of the difference shall be precisely defined, as well as the extent of the Powers of the arbitrators. This act implies an agreement by each party to submit in good faith to the award. The importance of the manner of stating the question to be submitted has been fully discussed in the Commentary to Article 16. the arbitral ARTICLE 32. The duties of arbitrator may be con- Manner of ferred upon one arbitrator alone, or upon several constituting arbitrators selected by the parties, as they please, or tribunal. chosen by them from the members of the Permanent Court of Arbitration established by the present act. Failing the constitution of the Tribunal by direct Chapter V Sovereign or Chief of State to fix procedure. The umpire to preside. How vacan filled. agreement between the parties, it shall be formed in the following manner : Each party shall appoint two arbitrators and these shall together choose an umpire. In case of an equal division of votes the choice of the umpire shall be intrusted to a third Power to be selected by the parties by common accord. If no agreement is arrived at on this point, each party shall select a different Power, and the choice of the umpire shall be made by agreement between the Powers thus selected. ARTICLE 33. When a Sovereign or Chief of State shall be chosen for an arbitrator, the arbitral procedure shall be determined by him. ARTICLE 34. The umpire shall preside over the Tribunal; when the Tribunal does not include an umpire, it shall appoint its own presiding officer. The Committee recognized the great importance of having an uneven number of arbitrators wherever possible. At the same time tribunals with an even number may sometimes be preferred, as in the case where such a tribunal was expressly provided for, under Article 6 of the proposed treaty of arbitration between Great Britain and the United States. ARTICLE 35. In case of the death, resignation, or cies are to be absence, for any cause, of one of the arbitrators, the place shall be filled in the manner provided for his appointment. The original Code of procedure submitted by the Russian Government provided that in case of the death or resignation of an arbitrator, the entire agreement for arbitration should be considered void. Chapter V This would seem to be more in accord with the principle previously laid down, requiring the assent of both litigants to the appointment of every member of the Court. After careful discussion1 the Committee, however, decided that the Article as it stands contains the safest general rule for such a contingency, and that it would be better for the parties to understand that in the absence of a contrary stipulation, the same authority, appointing an arbitrator, might be called upon in a proper case to fill the vacancy. ARTICLE 36. The parties shall designate the place Place of where the Tribunal is to sit. Failing such a designa- sitting. tion, the Tribunal shall sit at The Hague. The place of session thus determined shall not, except in the case of overwhelming necessity, be changed by the Tribunal without the consent of the parties. agents, and ARTICLE 37. The parties shall have the right to Appointment appoint agents or attorneys to represent them before of attorneys, the Tribunal and to serve as intermediaries between counselors. them and it. They are also authorized to employ for the defence of their rights and interests before the Tribunal counselors or solicitors named by them for that purpose. There is no doubt that the practice before the international court of arbitration will attract to its bar the chief international jurists of every signatory power. The question whether any person enrolled as a member of the Court should be permitted to 1 For which, see 4 Official Record 141. |