ARTICLE 50 The deliberations of the tribunal take place in private. Every decision is taken by a majority of the members of the tribunal. ARTICLE 51 The award, given by a majority of votes, must state the reasons on which it is based. It is drawn up in writing and signed by each member of the tribunal. Those members who are in the minority may record their dissent when signing. ARTICLE 52 The award is read out at a public sitting of the tribunal, in the presence of the agents and counsel of the parties or upon their being duly summoned to attend. ARTICLE 53 The award, duly pronounced and notified to the agents of the parties at variance, settles the dispute definitively and without appeal. The parties can reserve in the compromis the right to demand the revision of the award. In this case, and unless there be an agreement to the contrary, the demand must be addressed to the tribunal which pronounced the award. It can only be made on the ground of the discovery of some new fact which is of a nature to exercise a decisive influence upon the award and which, at the time the tribunal entered its decree, was unknown to the tribunal and to the party demanding the revision. Proceedings for revision can only be instituted by a decision of the tribunal expressly recording the existence of the new fact, recognizing in it the character described in the preceding paragraph, and declaring the demand admissible on this ground. No demand for revision can be received unless it is formulated within three months following the notification of the award. (Proposal of Mr. ASSER: The parties can reserve in the compromis the right to demand the revision of the award. In this case, and unless there be an agreement to the contrary, the demand must be addressed to the tribunal which pronounced the award and only on the ground of the discovery of some new fact which is of a nature to exercise a decisive influence upon the award and which, at the time the tribunal entered its decree, was unknown to the tribunal and to the party demanding the revision. Proceedings for revision can only be instituted by a decision of the tribunal expressly recording the existence of the new fact, recognizing in it the character described in the preceding paragraph, and declaring the demand admissible on this ground. No demand for revision can be received unless it is formulated within six months following the notification of the award.) ARTICLE 55 The award is binding only on the parties who concluded the compromis. When there is a question as to the interpretation of a convention to which Powers other than those in dispute are parties, the latter notify to the former the compromis they have concluded. Each of these Powers is entitled to intervene in the case. If one or more avail themselves of this right, the interpretation contained in the award is equally binding on them. ARTICLE 56 Each party pays its own expenses and an equal share of the honoraria of the arbitrators and of the expenses of the tribunal. Annex 11 [53] PROPOSAL OF MR. ASSER, DELEGATE OF THE NETHERLANDS (To be inserted after Article 24 of the draft arbitral code) The award is binding only on the parties. If there is a question as to the interpretation of a convention concluded by a larger number of States than those between which the dispute has arisen, the latter will notify to the other signatory States the compromis which they will sign and each of the signatory States will be entitled to intervene in the arbitral litigation. If one or more of these States avail themselves of this right, the interpretation of the convention contained in the award will be equally binding for them. INDEX OF PERSONS For list of the delegates grouped by countries, see final act, pages 228-234. Abdullah Pasha, General, delegate of Turkey, 7; vice president of first subcommission of Aghiah Bey, assistant head of the bureau of Alexander I, Emperor of Russia, regarding Alexander II, Emperor of Russia, initiator of Ariga, Nagao, delegate of Japan, 4; member of: second commission, 24, third commis- Baguer, Arturo de, delegate of Spain, 2; Basily, A., delegate of Russia, 5; member of: Beernaert, Auguste M. J., delegate of Bel- Beer Poortugael, Jacobus Catharinus Cornelis |