International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 23. The award, when duly pronounced and notified to the agents of the
parties, decides the dispute finally and without appeal (article 81).
Any dispute arising between the parties as to the interpretation or
execution of the award must, in default of an agreement to the
contrary, be submitted to the tribunal which pronounced it (article 82).
The parties may, however, beforehand stipulate in the _Compromis_ the
possibility of an appeal. In such case, and the _Compromis_ failing to
stipulate the contrary, the demand for a rehearing of the case must be
addressed to the tribunal which pronounced the award. The demand for a
rehearing of the case may only be made on the ground of the discovery of
some new fact such as may exercise a decisive influence on the award,
and which at the time when the discussion was closed was unknown to the
tribunal as well as to the appealing party. Proceedings for a rehearing
may only be opened after a decision of the tribunal expressly stating
the existence of a new fact of the character described, and declaring
the demand admissible on this ground. The treaty of arbitration must
stipulate the period of time within which the demand for a rehearing
must be made (article 83).--
The Hague Convention contains no stipulation whatever with regard to the
question whether the award is binding under all circumstances and
conditions, or whether it is only binding when the tribunal has in every
way fulfilled its duty and has been able to find its verdict in perfect
independence. But it is obvious that the award has no binding force
whatever if the tribunal has been bribed or has not followed the
parties' instructions given by the treaty of agreement; if the award was
given under the influence of undue coercion; or, lastly, if one of the
parties has intentionally and maliciously led the tribunal into an
essential material error. (See above, § 16).
[Sidenote: Award binding upon Parties only.]
§ 24. The award[27] is binding only upon the parties to the proceedings.
But when there is a question of interpreting a convention to which
other States than the States at variance are parties, the conflicting
States have to inform all the contracting Powers of such convention in
good time. Each of these States has a right to intervene in the case
before the tribunal, and, if one or more avail themselves of this right,
the interpretation contained in the award is as binding upon them as
upon the conflicting parties (article 84).
[Footnote 27: The awards hitherto given are enumerated above, vol. I. §
476, p. 521, but the case of Italy _v._ Peru (Canevaro claim, May 3,
1912) must now be added.]
[Sidenote: Costs of Arbitration.]
§ 25. Each party pays its own expenses and an equal share of those of
the tribunal[28] (article 85).
[Footnote 28: See details in Wehberg, _Kommentar_, pp. 155-158.]
[Sidenote: Arbitration by Summary Procedure.]
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