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
§ 20. According to article 52 the conflicting States which resort to
arbitration shall sign a special Act, the _Compromis_, in which is
clearly defined: the subject of the dispute; the time allowed for
appointing the arbitrators; the form, order, and time in which the
communications referred to in article 63 of Convention I. must be made;
the amount of the sum which each party must deposit in advance to defray
the expenses; the manner of appointing arbitrators (if there be
occasion); any special powers which may eventually belong to the
Tribunal, where it shall meet, the languages to be used, and any special
conditions upon which the parties may agree. Should, however, the
conflicting States prefer it, the Permanent Court at the Hague is
competent to draw up and settle the _Compromis_, and the Court is
likewise in some other cases competent to settle the _Compromis_
(articles 53-54). The parties may agree to have recourse to the
Permanent Court of Arbitration which was instituted by the Hague
Convention and regarding which details have been given above, Vol. I.,
§§ 472-476, but they may also assign the arbitration to one or several
arbitrators chosen by them either from the members of the Permanent
Court of Arbitration or elsewhere (article 55). If they choose a head of
a State as arbitrator, the whole of the arbitral procedure is to be
determined by him (article 56). If they choose several arbitrators, an
umpire is to preside, but in case they have not chosen an umpire, the
arbitrators are to elect one of their own number as president (article
57). If the _Compromis_ is settled by a Commission, as contemplated by
article 54 of Convention I., and in default of an agreement to the
contrary, the Commission itself shall form the Arbitration Tribunal
(article 58). In case of death, resignation, or disability of one of the
arbitrators from any cause, his place is to be filled in accordance with
the method of his appointment (article 59). The place of session of the
arbitrators is to be determined by the parties; but if they fail to do
it, the place of session is to be the Hague, and the place of session
may not be changed by the arbitrators without the consent of the
parties; the Tribunal may only sit in the territory of a third State
with the latter's consent (article 60). The International Bureau of the
Court at the Hague is authorised to put its offices and its staff at the
disposal of the contracting Powers in case the parties have preferred to
bring their dispute before arbitrators other than the Permanent Court of
Arbitration (article 47).
[Sidenote: Procedure of and before the Arbitral Tribunal.]
§ 21. The parties may agree upon such rules of arbitral procedure as
they like. If they fail to stipulate special rules of procedure, the
following rules are valid, whether the parties have brought their case
before the Permanent Court of Arbitration or have chosen other
arbitrators (article 51):--
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