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ARTICLE 50

The deliberations of the tribunal take place in private.

Every decision is taken by a majority of the members of the tribunal.
The refusal of a member to vote must be recorded in the minutes.

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.

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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

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
first commission, 21, 23; member of: first
commission, 24, second commission, 25; ex-
panding bullets, 339, 344; limitation of
armaments, 335.

Aghiah Bey, assistant head of the bureau of
translation of the Turkish ministry for for-
eign affairs, secretary of the Turkish dele-
gation, 7.

Alexander I, Emperor of Russia, regarding
disarmaments, 272, 299.

Alexander II, Emperor of Russia, initiator of
the Brussels conference, 224, 272, 505.
Ardagh, Sir John Charles, delegate of Great
Britain, 3; vice president of first subcom-
mission of first commission, 21, 23; member
of: first commission, 23, second commission,
24, special technical committee on Russian
proposals respecting limitation of land
forces and military budgets, 89, 358; dum-
dum bullets, 276, 278, 279, 298, 332; ex-
panding bullets, 87, 338, 343; land warfare,
485, 489, 538, 544, 550, 553, 555, 556, 558;
limitation of armaments, 334, 352, 356; pro-
jectiles from aircraft, 280; regulations on
land warfare, 517, 519.

Ariga, Nagao, delegate of Japan, 4; member

of: second commission, 24, third commis-
sion, 25; land warfare, 557.
Artom, Ernest, Italian attaché of legation, as-
sistant secretary of the Italian delegation, 4.
Asser, Tobias Michael Carel, delegate of the
Netherlands, 4; assistant president of second
commission, 21, 24; president of: drafting
committee of final act, 31, 102, 107 note, first
subcommission of the second commission,
46; member of third commission, 25, and
its committee of examination, 106 note, 585;
arbitration procedure, 613, 704, 732, 733,
734, 735, 739, 740, 743, 748, 858; Geneva
convention, revision of, 46, 393, 394, 472;
good offices and mediation, 589, 648, 691,
692, 693; international arbitration, 700;
international commissions of inquiry, 673,
727, 729, 731, 774, 782, 791, 792; mari-
time warfare and the Geneva convention,
389, 390, 445, 446, 447, 449, 450, 452, 456, 457,
459, 460, 463, 470, 471, 473; obligatory arbi-
tration, 702, 703, 769; permanent court of
arbitration, 607, 608, 652, 653, 655, 675,
713, 718, 721, 722, 726 757, 761, 765, 776,
777, 783, 785, 787, 788, 796; proposal amend-
ing the Russian draft of arbitral code, 858;
revision of arbitral award, 617, 618, 624,
679, 741, 742, 749, 752, 753, 754, 755; speech
on provisions for adhesion to pacific settle-
ment convention, 216.

Baguer, Arturo de, delegate of Spain, 2;
member of second commission, 24; limita-
tion of armaments, 378.
Barantzew, Count, delegate of Russia, 5;
member of: first commission, 23, second com-
mission, 24; expanding bullets, 339; limita-
tion of armaments, 337, 344.
Baude, Baron, 548.

Basily, A., delegate of Russia, 5; member of:
first commission, 23, third commission, 25,
commission in charge of correspondence,
218; international commissions of inquiry,
728.
Beaufort, Willem Hendrik de, Netherland
minister for foreign affairs, honorary
president of the conference, 8; address
at opening of conference, 13, at closing
of conference, 226; circular of, 639,
641.

Beernaert, Auguste M. J., delegate of Bel-
gium, 1; president of first commission, 21,
23; member of second commission, 24; ad-
dress, 272; declaration of Brussels, 502; ex-
panding bullets, 279, 332, 344; good offices
and mediation, 589, 591; land warfare,
475, 476, 477, 478, 482, 483, 484, 485, 487,
488, 490, 491, 492, 493, 494, 495, 500, 501,
502, 509, 510, 511, 512, 513, 514, 515, 519,
520, 521, 523, 524, 526, 529, 531, 533, 536,
537, 538, 539, 540, 541, 542, 545, 548, 554,
555, 557, 559; limitation of armaments, 299,
331, 341, 347, 353, report of second subcom-
mission of first commission on, 320; work of
first commission, 273.

Beer Poortugael, Jacobus Catharinus Cornelis
den, delegate of the Netherlands, 4; re-
porter of military subcommission of first
commission, 284; member of: first commis-
sion, 23, second commission, 24; expanding
bullets, 82, 86, 278, 279, 332, 339; land war-
fare, 410, 483, 486, 487, 488, 493, 494, 509,
511, 512, 549, 554; limitation of armaments,
301, 312, 326, 331, 332, 337, 344, 345, 349,
352, report on, 284; projectiles from air-
craft, 280, 341, 342.
Beldiman, Alexandre, delegate of Roumania,
5; member of: first commission, 23, second
commission, 24, and drafting committee of
its second subcommission, 51 note, 416 note,
525, third commission, 25; asphyxiating
gases, 324; expanding bullets, 324, 339;
Geneva convention, revision of, 393, 394,
408; good offices and mediation, 589, 591,
649; international arbitration, 604, 650, 651;
international commissions of inquiry, 603,
626, 642, 643, 646, 669, 671, 793; land war-
fare, 101, 410, 490, 497, 521, 531, 537, 538,
554, 557, 558; limitation of armaments, 283;

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