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
When the competence of the tribunal is doubted on one or more points,
the tribunal itself is authorised to decide whether it is or is not
competent, by means of interpretation of the _Compromis_ as well as the
other papers and documents which may be adduced in the matter, and by
means of the application of the principles of law (article 73).
During the discussion in Court--article 67 says, "After the close of the
pleadings"--the tribunal is competent to refuse admittance to all such
fresh acts and documents as one party may desire to submit to the
tribunal without the consent of the other party (article 67).
Consequently, the tribunal must admit fresh acts and documents when both
parties agree to their submission. On the other hand, the tribunal is
always competent to take into consideration fresh papers and documents
to which its attention is drawn by the agents or counsel of the parties,
and in such cases the tribunal may require production of the papers and
documents, but it is at the same time obliged to make them known to the
other party (article 68).
The parties must supply the tribunal, within the widest limits they may
think practicable, with all the information required for deciding the
dispute (article 75). For the service of all notices by the tribunal in
the territory of a third contracting Power, the tribunal applies direct
to the Government of such Power. The same rule is valid in the case of
steps being necessary in order to procure evidence on the spot. The
requests for this purpose are to be executed by the Power concerned with
the means at its disposal according to its Municipal Law; they may not
be rejected unless the Power concerned considers them of such a nature
as to impair its own sovereign rights or its safety. Instead, however,
of making a direct application to a third Power, the tribunal is always
entitled to have recourse to the intermediary of the Power on whose
territory it sits (article 76).
As soon as the agents and counsel of the parties have submitted all
explanations and evidence in support of their case, the president
declares the discussion closed (article 77).
[Sidenote: Arbitral Award.]
§ 22. The arbitral award is given after a deliberation which has taken
place behind closed doors, and the proceedings remain secret (article
78). The members of the tribunal vote, and the majority of the votes
makes the decision of the tribunal. The decision, accompanied by a
statement of the considerations upon which it is based, is to be drawn
up in writing, to recite the names of the arbitrators, and to be signed
by the president and the registrar or the secretary acting as the
registrar (article 79). The verdict is read out at a public meeting of
the tribunal, the agents and counsel of the parties being present or
having been duly summoned to attend (article 80).
[Sidenote: Binding force of Awards.]
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