Chapter III: On Arbitral Procedure

ARTICLE XXX.
With a view to encourage the development of arbitration,
the Signatory Powers have agreed on the following Rules
which shall be applicable to arbitral procedure, unless
other Rules have been agreed on by the parties.

ARTICLE XXXI.
The Powers who have recourse to arbitration sign a special
Act ("Compromis"), in which the subject of the difference
is clearly defined, as well as the extent of the
Arbitrators' powers. This Act implies the undertaking of
the parties to submit loyally to the award.

ARTICLE XXXII.
The duties of Arbitrator may be conferred on one Arbitrator
alone or on several Arbitrators selected by the parties as
they please, or chosen by them from the members of the
Permanent Court of Arbitration established by the present
Act. Failing the constitution of the Tribunal by direct
agreement between the parties, the following course shall
be pursued: Each party appoints two Arbitrators, and these
latter together choose an Umpire. In case of equal voting,
the choice of the Umpire is intrusted to a third Power,
selected by the parties by common accord. If no agreement
is 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.

ARTICLE XXXIII.
When a Sovereign or the Chief of a State is chosen as
Arbitrator, the arbitral procedure is settled by him.

ARTICLE XXXIV.
The Umpire is by right President of the Tribunal. When the
Tribunal does not include an Umpire, it appoints its own
President.

ARTICLE XXXV.
In case of the death, retirement, or disability from any
cause of one of the Arbitrators, his place shall be filled
in accordance with the method of his appointment.

ARTICLE XXXVI.
The Tribunal's place of session is selected by the parties.
Failing this selection the Tribunal sits at The Hague. The
place thus fixed cannot, except in case of necessity, be
changed by the Tribunal without the assent of the parties.

ARTICLE XXXVII.
The parties have the right to appoint delegates or special
agents to attend the Tribunal, for the purpose of serving
as intermediaries between them and the Tribunal. They are
further authorized to retain, for the defense of their
rights and interests before the Tribunal, counselor
advocates appointed by them for this purpose.

ARTICLE XXXVIII.
The Tribunal decides on the choice of languages to be used
by itself, and to be authorized for use before it.

ARTICLE XXXIX.
As a general rule the arbitral procedure comprises two
distinct phases; preliminary examination and discussion.
Preliminary examination consists in the communication by
the respective agents to the members of the Tribunal and to
the opposite party of all printed or written Acts and of
all documents containing the arguments invoked in the case.
This communication shall be made in the form and within the
periods fixed by the Tribunal in accordance with Article
XLIX. Discussion consists in the oral development before
the Tribunal of the arguments of the parties.

ARTICLE XL.
Every document produced by one party must be communicated
to the other party.

ARTICLE XLI.
The discussions are under the direction of the President.
They are only public if it be so decided by the Tribunal,
with the assent of the parties. They are recorded in the
"procès-verbaux" drawn up by the Secretaries appointed by
the President. These "procès-verbaux" lone have an
authentic character.

ARTICLE XLII.
When the preliminary examination is concluded, the Tribunal
has the light to refuse discussion of all fresh Acts or
documents which one party may desire to submit to it
without the consent of the other party.

ARTICLE XLIII.
The Tribunal is free to take into consideration fresh Acts
or documents to which its attention may be drawn by the
agents or counsel of the parties. In this case, the
Tribunal has the right to require the production of these
Acts or documents, but is obliged to make them known to the
opposite party.

ARTICLE XLIV.
The Tribunal can, besides, require from the agents of the
parties the production of all Acts, and can demand all
necessary explanations. In case of refusal, the Tribunal
takes note of it.

ARTICLE XLV.
The agents and counsel of the parties are authorized to
present orally to the Tribunal all the arguments they may
think expedient in defence of their case.

ARTICLE XLVI.
They have the right to raise objections and points. The
decisions of the Tribunal on those points are final, and
cannot form the subject of any subsequent discussion.

ARTICLE XLVII.
The members of the Tribunal have the right to put questions
to the agents and counsel of the parties, and to demand
explanations from them on doubtful points. Neither the
questions put nor the remarks made by members of the
Tribunal during the discussions can be regarded as an
expression of opinion by the Tribunal in general, or by its
members in particular.

ARTICLE XLVIII.
The Tribunal is authorized to declare its competence in
interpreting the "Compromis" as well as the other Treaties
which may be invoked in the case, and in applying the
principles of international law.

ARTICLE XLIX.
The Tribunal has the right to issue Rules of Procedure for
the conduct of the case, to decide the forms and periods
within which each party must conclude its arguments, and to
arrange all the formalities required for dealing with the
evidence.

ARTICLE L.
When the agents and counsel of the parties have submitted
all explanations and evidence in support of their case, the
President pronounces the discussion closed.

ARTICLE LI.
The deliberations of the Tribunal take place in private.
Every decision is taken by a majority of members of the
Tribunal. The refusal of a member to vote must be recorded
in the "procès-verbal."

ARTICLE LII.
The award, given by a majority of votes, is accompanied by
a statement of reasons. It is drawn up in writing and
signed by each member of the Tribunal. Those members who
are in the minority may record their dissent when signing.

ARTICLE LIII.
The award is read out at a public meeting of the Tribunal,
the agents and counsel of the parties being present, or
duly summoned to attend.

{359}

ARTICLE LIV.
The award, duly pronounced and notified to the agents of
the parties at variance, puts an end to the dispute
definitely and without appeal.

ARTICLE LV.
The parties can reserve in the "Compromis" the right to
demand the revision of the award. In this case, and unless
there be an agreement to the contrary, the demand must be
addressed to the Tribunal which pronounced the award. It
can only be made on the ground of the discovery of some new
fact calculated to exercise a decisive influence on the
award, and which, at the time the discussion was closed,
was unknown to the Tribunal and to the party demanding the
revision. Proceedings for revision can only be instituted
by a decision of the Tribunal expressly recording the
existence of the new fact, recognizing in it the character
described in the foregoing paragraph, and declaring the
demand admissible on this ground. The "Compromis" fixes the
period within which the demand for revision must be made.

ARTICLE LVI.
The award is only binding on the parties who concluded the
"Compromis." When there is a question of interpreting a
Convention to which Powers other than those concerned in
the dispute are parties, the latter notify to the former
the "Compromis" they have concluded. Each of these Powers
has the right to intervene in the case. If one or more of
them avail themselves of this right, the interpretation
contained in the award is equally binding on them.

ARTICLE LVII.
Each party pays its own expenses and an equal share of
those of the Tribunal.

General Provisions.

ARTICLE LVIII.
The present Convention shall be ratified as speedily as
possible. The ratification shall be deposited at The Hague.
A "procès-verbal" shall be drawn up recording the receipt
of each ratification, and a copy duly certified shall be
sent, through the diplomatic channel, to all the Powers who
were represented at the International Peace Conference at
The Hague.

ARTICLE LIX.
The non-Signatory Powers who were represented at the
International Peace Conference can adhere to the present
Convention. For this purpose they must make known their
adhesion to the Contracting Powers by a written
notification addressed to the Netherland Government, and
communicated by it to all the other Contracting Powers.

ARTICLE LX.
The conditions on which the Powers who were not represented
at the International Peace Conference can adhere to the
present Convention shall form the subject of a subsequent
Agreement among the Contracting Powers.

ARTICLE LXI.
In the event of one of the High Contracting Parties
denouncing the present Convention, this denunciation would
not take effect until a year after its notification made in
writing to the Netherland Government, and by it
communicated at once to all the other Contracting Powers.
This denunciation shall on]y affect the notifying Power. In
faith of which the Plenipotentiaries have signed the
present Convention and affixed their seals to it. Done at
The Hague, the 29th July, 1899, in a single copy, which
shall remain in the archives of the Netherland Government,
and copies of it, duly certified, be sent through the
diplomatic channel to the Contracting Powers.

_United States, 56th Congress,
1st Session., Senate Document 159._

PEACE CONFERENCE:
The Permanent Court of Arbitration.

The following is the membership of the Permanent Court of
Arbitration, as finally organized, in January, 1901, and
announced to be prepared for the consideration of any
international dispute that may be submitted to it. Fifteen of
the greater nations of the world are represented in this most
august tribunal that has ever sat for judgment of the disputes
of men:

Austria-Hungary.

His Excellency Count Frederic Schonborn, LL. D., president
of the Imperial Royal Court of Administrative Justice,
former Austrian Minister of Justice, member of the House of
Lords of the Austrian Parliament, etc.

His Excellency Mr. D. de Szilagyi, ex-Minister of Justice,
member of the House of Deputies of the Hungarian
Parliament.

Count Albert Apponyi, member of the Chamber of Magnates and
of the Chamber of Deputies of the Hungarian Parliament,
etc.

Mr. Henri Lammasch, LL. D., member of the House of Lords of
the Austrian Parliament, etc.

Belgium.

His Excellency Mr. Beernaert, Minister of State, member of
the Chamber of Representatives, etc.

His Excellency Baron Lambermont, Minister of State, Envoy
Extraordinary and Minister Plenipotentiary,
Secretary-General of the Ministry of Foreign Affairs.

The Chevalier Descamps, Senator.

Mr. Rolin Jacquemyns, ex-Minister of the Interior.

Denmark.

Professor H. Matzen, LL. D., Professor of the Copenhagen
University, Counsellor Extraordinary of the Supreme Court,
President of the Landsthing.

France.

M. Leon Bourgeois, Deputy, ex-President of the Cabinet
Council, ex-Minister for Foreign Affairs.

M. de Laboulaye, ex-Ambassador.

Baron Destournelles de Constant, Minister Plenipotentiary,
Deputy.

M. Louis Renault, Minister Plenipotentiary, Professor in
the Faculty of Law at Paris, Law Office of the Department
of Foreign Affairs.

Germany.

His Excellency Mr. Bingner, LL. D., Privy Councillor,
Senate President of the Imperial High Court at Leipsic.

Mr. von Frantzius, Privy Councillor, Solicitor of the
Department of Foreign Affairs at Berlin.

Mr. von Martitz, LL. D., Associate Justice of the Superior
Court of Administrative Justice in Prussia, Professor of
Law at the Berlin University.

Mr. von Bar, LL. D., Judicial Privy Councillor, Professor
of Law at the Göttingen University.

Great Britain.

His Excellency the Right Honorable Lord Pauncefote of
Preston, G. C. B., G. C. M. G., Privy Councillor,
Ambassador at Washington.

The Right Honorable Sir Edward Baldwin Malet,
ex-Ambassador.

The Right Honorable Sir Edward Fry, member of the Privy
Council, Q. C.

Professor John Westlake, LL. D., Q. C.

Italy.

His Excellency Count Constantin Nigra, Senator of the
Kingdom, Ambassador at Vienna.

His Excellency Commander Jean Baptiste Pagano
Guarnaschelli, Senator of the Kingdom, First President of
the Court of Cassation at Rome.

His Excellency Count Tornielli Brusati di Vergano, Senator
of the Kingdom, Ambassador at Paris.

Commander Joseph Zanardelli, Attorney at Law, Deputy to the
National Parliament.

{360}

Japan.
Mr. Motono, Envoy Extraordinary and Minister
Plenipotentiary at Brussels.

Mr. H. Willard Denison, Law Officer of the Minister for
Foreign Affairs at Tokio.

Netherlands.
Mr. T. M. C. Asser, LL. D., member of the Council of
State, ex-Professor of the University of Amsterdam.

Mr. F. B. Coninck Liefsting, LL. D.,
President of the Court of Cassation.

Jonkheer A. F. de Savornin Lohman, LL. D.,
ex-Minister of the Interior, ex-Professor of the Free
University of Amsterdam, member of the Lower House of the
States-General.

Jonkheer G. L. M. H. Ruis de Beerenbrouck,
ex-Minister of Justice, Commissioner of the Queen in the
Province of Limbourg.

Portugal.
Count de Macedo, Peer of the Realm,
ex-Minister of Marine and Colonies, Envoy Extraordinary and
Minister Plenipotentiary at Madrid.

Rumania.
Mr. Theodore Rosetti, Senator,
ex-President of the High Court of Cassation and Justice.

Mr. Jean Kalindero, Administrator of the Crown Domain,
ex-Judge of the High Court of Cassation and Justice.

Mr. Eugene Statsco,
ex-President of the Senate, ex-Minister of Justice and
Foreign Affairs.

Mr. Jean N. Lahovari, Deputy, ex-Envoy Extraordinary and
Minister Plenipotentiary, ex-Minister of Foreign Affairs.

Russia.
Mr. N. V. Mouravieff, Minister of Justice, Active Privy
Councillor, Secretary of State of His Majesty the Emperor.

Mr. C. P. Pobedonostzeff, Attorney-General of the Most
Holy Synod, Active Privy Councillor, Secretary of State of
His Majesty the Emperor.

Mr. E. V. Frisch,
President of the Department of Legislation of the Imperial
Council, Active Privy Councillor, Secretary of State of His
Majesty the Emperor.

Mr. de Martens, Privy Councillor,
permanent member of the Council of the Ministry of Foreign
Affairs.

Spain.
His Excellency the Duke of Tetuan,
ex-Minister of Foreign Affairs, Senator of the Kingdom,
Grandee of Spain.

Mr. Bienvenido Oliver,
Director-General of the Ministry of Justice, ex-Delegate of
Spain to the Conference on Private International Law at The
Hague.

Dr. Manuel Torres Campos,
Professor of international law at the University of
Grenada, associate member of the Institute of International
Law.

Sweden and Norway.
Mr. S. R D. K. D'Olivecrona,
member of the International Law Institute, ex-Associate
Justice of the Supreme Court of the Kingdom of Sweden,
Doctor of Laws and Letters at Stockholm.

Mr. G. Gram,
ex-Minister of State of Norway, Governor of the Province of
Hamar, Norway.

United States.
Mr. Benjamin Harrison,
ex-President of the United States.

Mr. Melville W. Fuller,
Chief Justice of the United States.

Mr. John W. Griggs,
Attorney-General of the United States.

Mr. George Gray,
United States Circuit Judge.
First Secretary of the Court

J. J. Rochussen.
Second Secretary of the Court

Jonkheer W. Roell.

The Administrative Council consists of the Minister of Foreign
Affairs of the Netherlands and the diplomatic representatives
at The Hague of the ratifying Powers.

Secretary-General
Mr. R Melvil, Baron Van Leyden,
Judge of the District Court of Utrecht and a member of the
First Chamber of the States-General.

PEACE CONFERENCE:
Convention with respect to the Laws and Customs of
War on Land.

ARTICLE I.
The High Contracting Parties shall issue instructions to their
armed land forces, which shall be in conformity with the
"Regulations respecting the Laws and Customs of War on Land"
annexed to the present Convention.

ARTICLE II.
The provisions contained in the Regulations mentioned in
Article I. are only binding on the Contracting Powers, in case
of war between two or more of them. These provisions shall
cease to be binding from the time when, in a war between
Contracting Powers, a non-Contracting Power joins one of the
belligerents.

ARTICLE III.
The present Convention shall be ratified as speedily as
possible. The ratifications shall be deposited at The Hague. A
"procès-verbal" shall be drawn up recording the receipt of
each ratification, and a copy, duly certified, shall be sent
through the diplomatic channel, to all the Contracting Powers.

ARTICLE IV.
Non-Signatory Powers are allowed to adhere to the present
Convention. For this purpose they must make their adhesion
known to the Contracting Powers by means of a written
notification addressed to the Netherland Government, and by it
communicated to all the other Contracting Powers.

ARTICLE V.
In the event of one of the High Contracting Parties denouncing
the present Convention, such denunciation would not take
effect until a year after the written notification made to the
Nethterland Government, and by it at once communicated to all
the other Contracting Powers. This denunciation shall affect
only the notifying Power.

In faith of which the Plenipotentiaries have signed the
present Convention and affixed their seals thereto.

[Signed by representatives of Belgium, Denmark, Spain, Mexico,
France, Greece, Montenegro, the Netherlands, Persia, Portugal,
Roumania, Russia, Siam, Sweden and Norway, and Bulgaria.]

REGULATIONS.