1 2 3 In faith whereof the Plenipotentiaries have signed the present Act and have affixed their seals thereto.* Done at The Hague, the 18th October, 1907, in a single copy, 4 which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent 6 to all the Powers represented at the Conference. 5 1 ANNEX TO THE FIRST OPINION EXPRESSED BY THE SECOND 2 PEACE CONFERENCE. 3 Draft Convention relative to the Creation of a Judicial Arbitration 4 5 6 67 Court. PART I.-Constitution of the Judicial Arbitration Court. ARTICLE I. With a view to promoting the cause of arbitration, the Con8 tracting Powers agree to constitute, without altering the status 9 of the Permanent Court of Arbitration, a Judicial Arbitration 10 Court, of free and easy access, composed of Judges representing · the various juridical systems of the world, and capable of insuring 12 continuity in jurisprudence of arbitration. 11 13 14 ARTICLE II. The Judicial Arbitration Court is composed of Judges and 15 Deputy Judges chosen from persons of the highest moral reputa16 tion, and all fulfilling conditions qualifying them, in their respec17 tive countries, to occupy high legal posts, or be jurists of recog18 nized competence in matters of international law. 19 The Judges and Deputy Judges of the Court are appointed, as 20 far as possible, from the members of the Permanent Court of 21 Arbitration. The appointment shall be made within the six 22 months following the ratification of the present Convention. 24 The Judges and Deputy Judges are appointed for a period of 25 twelve years, counting from the date on which the appointment 26 is notified to the Administrative Council created by the Conven27 tion for the Pacific Settlement of International Disputes. Their 28 appointments can be renewed. 29 Should a Judge or Deputy Judge die or retire, the vacancy is 30 filled in the manner in which his appointment was made. In 31 this case, the appointment is made for a fresh period of twelve 32 years. 2 The Judges of the Judicial Arbitration Court are equal and 3 rank according to the date on which their appointment was 4 notified. The Judge who is senior in point of age takes prece5 dence when the date of notification is the same. 6 The Deputy Judges are assimilated, in the exercise of their 7 functions, with the Judges. They rank, however, below the 8 latter. 9 10 ARTICLE V. The Judges enjoy diplomatic privileges and immunities in the 11 exercise of their functions, outside their own country. 12 Before taking their seat, the Judges and Deputy Judges must 13 swear, before the Administrative Council, or make a solemn 14 affirmation to exercise their functions impartially and conscien15 tiously. 16 17 ARTICLE VI. The Court annually nominates three Judges to form a special 18 delegation and three more to replace them should the necessity 19 arise. They may be re-elected. They are balloted for. The 20 persons who secure the largest number of votes are considered 21 elected. The delegation itself elects its President, who, in 22 default of a majority, is appointed by lot. 23 A member of the delegation cannot exercise his duties when 24 the Power which appointed him, or of which he is a national, is one of the parties. 25 26 The members of the delegation are to conclude all matters 27 submitted to them, even if the period for which they have been 28 appointed Judges has expired. 29 30 ARTICLE VII. A Judge may not exercise his judicial functions in any case in 31 which he has, in any way whatever, taken part in the decision 32 of a National Tribunal, of a Tribunal of Arbitration, or of a Com33 mission of Inquiry, or has figured in the suit as counsel or advo34 cate for one of the parties. 35 A Judge cannot act as agent or advocate before the Judicial 36 Arbitration Court or the Permanent Court of Arbitration, before a Special Tribunal of Arbitration or a Commission of Inquiry, 38 nor act for one of the parties in any capacity whatsoever so long as his appointment lasts. 37 39 2 The Court elects its President and Vice-President by an 3 absolute majority of the votes cast. After two ballots, the 4 election is made by a bare majority and, in case the votes are even, by lot. 5 7 The Judges of the Judicial Arbitration Court receive an 8 annual salary of 6,000 Netherland florins. This salary is paid at the end of each half-year, reckoned from the date on which the Court meets for the first time. 9 10 11 In the exercise of their duties during the sessions or in the 12 special cases covered by the present Convention, they receive 13 the sum of 100 florins per diem. They are further entitled to 14 receive a travelling allowance fixed in accordance with Regu15 lations existing in their own country. The provisions of the 16 present paragraph are applicable also to a Deputy Judge when 17 acting for a Judge. 18 These emoluments are included in the general expenses of 19 the Court dealt with in Article XXXI, and are paid through the International Bureau created by the Convention for the Pacific Settlement of International Disputes. 22 23 ARTICLE X. The Judges may not accept from their own Government or 24 from that of any other Power any remuneration for services 25 connected with their duties in their capacity of members of 26 the Court. 28 The seat of the Judicial Court of Arbitration is at The 29 Hague, and cannot be transferred, unless absolutely obliged 30 by circumstances, elsewhere. 31 The delegation may choose, with the assent of the parties 32 concerned, another site for its meetings, if special circumstances 33 render such a step necessary. 34 35 ARTICLE XII. The Administrative Council fulfils with regard to the Judicial 36 Court of Arbitration the same functions as to the Permanent 37 Court of Arbitration. 123 ARTICLE XIII. The International Bureau acts as registry to the Judicial 3 Court of Arbitration, and must place its offices and staff at the 4 5 6 7 8 9 10 11 12 13 14 15 disposal of the Court. It has charge of the archives and carries out the administrative work. The Secretary-General of the Bureau discharges the functions of Registrar. The necessary secretaries to assist the Registrar, translators and shorthand writers are appointed and sworn in by the Court. ARTICLE XIV. The Court meets in session once a year. The session opens the third Wednesday in June and lasts until all the business on the agenda has been transacted. The Court does not meet in session if the delegation con16 siders that such meeting is unnecessary. However, when a 17 Power is party in a case actually pending before the Court, 18 the pleadings in which are closed, or about to be closed, it may insist that the session should be held. 19 20 21 22 When necessary, the delegation may summon the Court in extraordinary session. ARTICLE XV. 23 A Report of the doings of the Court shall be drawn up every 24 year by the delegation. This Report shall be forwarded to 25 the Contracting Powers through the International Bureau. 26 It shall also be communicated to the Judges and Deputy Judges 27 of the Court. 29 The Judges and Deputy Judges, members of the Judicial 30 Arbitration Court, can also exercise the functions of Judge 31 and Deputy Judge in the International Prize Court. 32 33 34 PART II.-Competency and Procedure. The Judicial Court of Arbitration is competent to deal with all cases submitted to it, in virtue either of a general under36 taking to have recourse to arbitration or of a special agreement. 35 |