ARTICLE 25 Each party shall pay its own expenses and one-half of the expenses of the arbitral tribunal without prejudice to the decision of the tribunal regarding the indemnity that one or the other of the parties may be ordered to pay. ARTICLE 26 The arbitral award is void in case of a void compromis or exceeding of power, or of corruption proved against one of the arbitrators. The procedure above indicated concerning the arbitral tribunal and beginning with section 7 commencing with the words "the seat of the arbitral tribunal" also applies in case arbitration is entrusted to a single person chosen by the interested Governments. In case a sovereign or head of a State should reserve the right to decide personally as arbitrator, the procedure to be followed should be fixed by the sovereign or the head of the State himself. ARTICLE 25 Each party pays its own expenses, and an equal share of the expenses of the tribunal, without prejudice to the judgments which may be pronounced by the tribunal at the expense of one or the other of the parties. Annex 10 [46] DRAFT CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES PRESENTED TO THE THIRD COMMISSION BY THE COMMITTEE OF EXAMINATION SECTION 1.- THE MAINTENANCE OF GENERAL PEACE ARTICLE 1 With purpose of obviating, as far as possible, recourse to force in the relations between States, the signatory Powers agree to use their best efforts with a view to the pacific settlement of international differences. SECTION 2.- GOOD OFFICES AND MEDIATION ARTICLE 2 The signatory Powers decide that in case of serious disagreement or dispute, before an appeal to arms, they will have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers. ARTICLE 3 Independently of this recourse, the signatory Powers deem it expedient that one or more Powers, strangers to the dispute, should, on their own initiative, and as far as circumstances may allow, offer their good offices or mediation to the States at variance. Powers strangers to the dispute have the right to offer good offices or mediation, even during the course of hostilities. The exercise of this right can never be regarded by either of the parties in dispute as an unfriendly act. ARTICLE 4 The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance. ARTICLE 5 The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute or by the mediator himself, that the settlement or the bases of a friendly understanding proposed by him are not accepted. ARTICLE 6 Good offices and mediation, undertaken either at the request of the parties in dispute, or on the initiative of Powers strangers to the dispute, have exclusively the character of advice and never have binding force. ARTICLE 7 The acceptance of mediation cannot, unless there be an agreement to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war. If it takes place after the commencement of hostilities, the military operations in progress are not interrupted, unless there be an agreement to the contrary. The signatory Powers are agreed in recommending the application, when circumstances allow, of special mediation in the following form: In case of a serious difference endangering the peace, the States at variance choose respectively a Power, to which they entrust the mission of entering into direct communication with the Power chosen on the other side, with the object of preventing the rupture of pacific relations. For the period of this mandate, the term of which, unless otherwise stipulated, cannot exceed thirty days, the States in dispute cease from all direct communication on the subject of the dispute, which is regarded as referred exclusively to the mediating Powers, which must use their best efforts to settle it. In case of a definite rupture of pacific relations, these Powers are charged with the joint task of taking advantage of any opportunity to restore peace. SECTION 3.- INTERNATIONAL COMMISSIONS OF INQUIRY ARTICLE 9 In disputes of an international nature arising from a difference of opinion as to facts which may be verified by local examination, and furthermore not involving the honor or vital interests of the interested Powers, these Powers, in case they are not able to come to an agreement by means of diplomacy, agree to have recourse, as far as circumstances allow, to the institution of international commissions of inquiry, in order to elucidate on the spot all the facts of the case by an impartial and conscientious investigation. ARTICLE 10 The international commissions of inquiry are constituted, unless otherwise stipulated, in the manner provided by Article 31 of the present Convention. ARTICLE 11 The interested Powers undertake to supply the international commission of inquiry, as fully as they may think possible, with all means and facilities necessary to enable it to become completely acquainted with and to accurately understand the facts in question. ARTICLE 12 The international commission of inquiry communicates its report to the interested Powers, signed by all the members of the commission. ARTICLE 13 The report of the international commission of inquiry has in no way the character of an award. It leaves to the Powers in dispute entire power to conclude a friendly settlement on the basis of this report, or to resort subsequently to mediation or arbitration. SECTION 4.- INTERNATIONAL ARBITRATION I. The system of arbitration International arbitration has for its object the settlement of disputes between States by judges of their own choice and on the basis of respect for law. ARTICLE 15 In questions of law and especially in the interpretation or application of international conventions, arbitration is recognized by the signatory Powers as the most effective and at the same time the most equitable means of settling disputes which diplomacy has failed to settle. ARTICLE 16 The arbitration convention is concluded for questions already existing or for questions which may arise eventually. |