International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 14. States which conclude an arbitration treaty have to agree upon the
arbitrators. If they choose a third State as arbitrator, they have to
conclude a treaty (_receptum arbitri_) with such State, by which they
appoint the chosen State and by which such State accepts the
appointment. The appointed State chooses on its own behalf those umpires
who actually serve as arbitrators. It can happen that the conflicting
States choose a head of a third State as arbitrator. But such head never
himself investigates the matter; he chooses one or more individuals,
who make a report and propose a verdict, which he pronounces. And,
further, the conflicting States may agree to entrust the arbitration to
any other individual or to a body of individuals, a so-called
Arbitration Committee or Commission. Thus the arbitration of 1900 in
regard to the Venezuelan Boundary Dispute between Great Britain,
Venezuela, and the United States was conducted by a Commission, sitting
at Paris, consisting of American and English members and the Russian
Professor von Martens as President. And the Alaska Boundary Dispute
between Great Britain and the United States was settled in 1903, through
the award of a Commission, sitting at London, consisting of American and
Canadian members, with Lord Alverstone, Lord Chief Justice of England,
as President.
[Sidenote: On what principles Arbitrators proceed and decide.]
§ 15. The treaty of arbitration must stipulate the principles according
to which the arbitrators have to give their verdict. These principles
may be the general rules of International Law, but they may also be the
rules of any Municipal Law chosen by the conflicting States, or rules of
natural equity, or rules specially stipulated in the treaty of
arbitration for the special case.[15] And it can also happen that the
treaty of arbitration stipulates that the arbitrators shall compromise
the conflicting claims of the parties without resorting to special rules
of law. The treaty of arbitration, further, as a rule, stipulates the
procedure to be followed by the arbitrators who are investigating and
determining the difference. If a treaty of arbitration does not lay down
rules of procedure, the arbitrators themselves have to work out such
rules and to communicate them to the parties.
[Footnote 15: See below, § 335, concerning the "Three rules of
Washington."]
[Sidenote: Binding force of Arbitral Verdict.]
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