Chapter II: On the Permanent Court of Arbitration

ARTICLE XX.
With the object of facilitating an immediate recourse to
arbitration for international differences, which it has not
been possible to settle by diplomacy, the Signatory Powers
undertake to organize a permanent Court of Arbitration,
accessible at all times and operating, unless otherwise
stipulated by the parties, in accordance with the Rules of
Procedure inserted in the present Convention.

ARTICLE XXI.
The Permanent Court shall be competent for all arbitration
cases, unless the parties agree to institute a special
Tribunal.

ARTICLE XXII.
An International Bureau, established at The Hague, serves
as record office for the Court. This Bureau is the channel
for communications relative to the meetings of the Court.
It has the custody of the archives and conducts all the
administrative business. The Signatory Powers undertake to
communicate to the International Bureau at The Hague a duly
certified copy of any conditions of arbitration arrived at
between them, and of any award concerning them delivered by
special Tribunals. They undertake also to communicate to
the Bureau the Laws, Regulations, and documents eventually
showing the execution of the awards given by the Court.

ARTICLE XXIII.
Within the three months following its ratification of the
present Act, each Signatory Power shall select four persons
at the most, of known competency in questions of
international law, of the highest moral reputation, and
disposed to accept the duties of Arbitrators. The persons
thus selected shall be inscribed, as members of the Court,
in a list which shall be notified by the Bureau to all the
Signatory Powers. Any alteration in the list of Arbitrators
is brought by the Bureau to the knowledge of the Signatory
Powers. Two or more Powers may agree on the selection in
common of one or more Members. The same person can be
selected by different Powers. The Members of the Court are
appointed for a term of six years. Their appointments can
be renewed. In case of the death or retirement of a member
of the Court, his place shall be filled in accordance with
the method of his appointment.

ARTICLE XXIV.
When the Signatory Powers desire to have recourse to the
Permanent Court for the settlement of a difference that has
arisen between them, the Arbitrators called upon to form the
competent Tribunal to decide this difference, must be
chosen from the general list of members of the Court.
Failing the direct agreement of the parties on the
composition of the Arbitration Tribunal, the following
course shall be pursued:—Each party appoints two
Arbitrators, and these together choose an Umpire. If the
votes are equal, the choice of the Umpire is intrusted to a
third Power, selected by the parties by common accord. If
an agreement is not arrived at on this subject, each party
selects a different Power, and the choice of the Umpire is
made in concert by the Powers thus selected. The Tribunal
being thus composed, the parties notify to the Bureau their
determination to have recourse to the Court and the names
of the Arbitrators. The Tribunal of Arbitration assembles
on the date fixed by the parties. The Members of the Court,
in the discharge of their duties and out of their own
country, enjoy diplomatic privileges and immunities.

ARTICLE XXV.
The Tribunal of Arbitration has its ordinary seat at The
Hague. Except in cases of necessity, the place of session
can only be altered by the Tribunal with the assent of the
parties.

ARTICLE XXVI.
The International Bureau at The Hague is authorized to
place its premises and its staff at the disposal of the
Signatory Powers for the operations of any special Board of
Arbitration. The jurisdiction of the Permanent Court, may,
within the conditions laid down in the Regulations, be
extended to disputes between non-Signatory Powers, or
between Signatory Powers and non-Signatory Powers, if the
parties are agreed on recourse to this Tribunal.

ARTICLE XXVII.
The Signatory Powers consider it their duty, if a serious
dispute threatens to break out between two or more of them,
to remind these latter that the Permanent Court is open to
them. Consequently, they declare that the fact of reminding
the conflicting parties of the provisions of the present
Convention, and the advice given to them, in the highest
interests of peace, to have recourse to the Permanent
Court, can only be regarded as friendly actions.

ARTICLE XXVIII.
A Permanent Administrative Council, composed of the
Diplomatic Representatives of the Signatory Powers
accredited to The Hague and of the Netherland Minister for
Foreign Affairs, who will act as President, shall be
instituted in this town as soon as possible after the
ratification of the present Act by at least nine Powers.
This Council will be charged with the establishment and
organization of the International Bureau, which will be
under its direction and control. It will notify to the
Powers the constitution of the Court and will provide for
its installation. It will settle its Rules of Procedure and
all other necessary Regulations. It will decide all
questions of administration which may arise with regard to
the operations of the Court. It will have entire control
over the appointment, suspension or dismissal of the
officials and employés of the Bureau. It will fix the
payments and salaries, and control the general expenditure.
At meetings duly summoned the presence of five members is
sufficient to render valid the discussions of the Council.
The decisions are taken by a majority of votes. The Council
communicates to the Signatory Powers without delay the
Regulations adopted by it. It furnishes them with an annual
Report on the labours of the Court, the working of the
administration, and the expenses.

ARTICLE XXIX.
The expenses of the Bureau shall be borne by the Signatory
Powers in the proportion fixed for the International Bureau
of the Universal Postal Union.

{358}