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
§ 16. An arbitral verdict is final if the arbitration treaty does not
stipulate the contrary, and the verdict given by the arbitrators is
binding upon the parties. As, however, no such central authority exists
above the States as could execute the verdict against a State refusing
to submit, it is in such a case the right of the other party to enforce
the arbitral decision by compulsion. Yet it is obvious that an arbitral
verdict is binding only under the condition[16] that the arbitrators
have in every way fulfilled their duty as umpires and have been able to
find their verdict in perfect independence. Should they have been bribed
or not followed their instructions, should their verdict have been given
under the influence of coercion of any kind, or should one of the
parties have intentionally and maliciously led the arbitrators into an
essential material error, the arbitral verdict would have no binding
force whatever. Thus the award given in 1831 by the King of Holland in
the North-Eastern Boundary Dispute between Great Britain and the United
States of America was not considered binding by the parties because the
arbitrator had transgressed his powers.[17] For the same reason, Bolivia
refused in 1910 to submit to the award of the President of Argentina in
her boundary dispute with Peru.[18] And in October 1910, the Permanent
Court of Arbitration at the Hague, deciding the case of the United
States of America against the United States of Venezuela concerning the
claims of the Orinoco Steamship Company, annulled,[19] with regard to
certain points, a previous arbitration award given by Mr. Barge.
[Footnote 16: See Donker Curtius and Nys in _R.I._ 2nd Ser. XII. (1910),
pp. 5-34 and 595-641.]
[Footnote 17: See Moore, VII. § 1082, and Moore, _Arbitrations_, I. pp.
81-161.]
[Footnote 18: See Fiore in _R.G._ XVII. (1910), pp. 225-256.]
[Footnote 19: See Martens, _N.R.G._ 3rd Ser. IV. (1911), p. 79.]
[Sidenote: What differences can be decided by Arbitration.]
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