Hague Convention (18 October 1907)
Convention for the Pacific Settlement of International Disputes
Articles 1 - 97
Entry into Force: 26 January 1910
His Majesty the German Emperor, King of Prussia; the President of the United States of America;
the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia,
etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the
Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal
Highness the Prince of Bulgaria; the President of the Republic of Chile; His Majesty the Emperor of
China; the President of the Republic of Colombia; the Provisional Governor of the Republic of
Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of
the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His
Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions
beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the
Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His
Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxembourg, Duke of
Nassau; the President of the United States of Mexico; His Royal Highness the Prince of
Montenegro; the President of the Republic of Nicaragua; His Majesty the King of Norway; the
President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the
Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of
Persia; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the
President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of
Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the
Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of
Venezuela;
Animated by the sincere desire to work for the maintenance of general peace;
Resolved to promote by all the efforts in their power the friendly settlement of international
disputes;
Recognizing the solidarity uniting the members of the society of civilized nations;
Desirous of extending the empire of law and of strengthening the appreciation of international
justice;
Convinced that the permanent institution of a Tribunal of Arbitration accessible to all, in the midst of
independent Powers, will contribute effectively to this result;
Having regard to the advantages attending the general and regular organization of the procedure of
arbitration;
Sharing the opinion of the august initiator of the International Peace Conference that it is expedient
to record in an International Agreement the principles of equity and right on which are based the
security of States and the welfare of peoples;
Being desirous, with this object, of insuring the better working in practice of Commissions of
Inquiry and Tribunals of Arbitration, and of facilitating recourse to arbitration in cases which allow
of a summary procedure;
Have deemed it necessary to revise in certain particulars and to complete the work of the First Peace
Conference for the pacific settlement of international disputes;
The High Contracting Parties have resolved to conclude a new Convention for this purpose, and
have appointed the following as their Plenipotentiaries:
(here follow the names of Plenipotentiaries.)
Who, after deposited their full powers, found in good and due form, have agreed upon the
following:
Part I. The maintenance of General Peace
Article 1
With a view to obviating as far as possible recourse to force in the relations between States, the
Contracting Powers agree to use their best efforts to ensure the pacific settlement of international
differences.
Part II. Good Offices and Mediation
Article 2
In case of serious disagreement or dispute, before an appeal to arms, the Contracting Powers agree
to have recourse, as far as circumstances allow, to the good offices or mediation of one or more
friendly Powers.
Article 3
Independently of this recourse, the Contracting Powers deem it expedient and desirable that one or
more Powers, strangers to the dispute, should, on their own initiative and as far as circumstances
may alow, offer their good offices or mediation to the States at variance.
Powers strangers to the dispute have the right to offer good offices or mediation even during the
course of hostilities.
The exercise of this right can never be regarded by either of the parties in dispute as an unfriendly
act.
Article 4
The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of
resentment which may have arisen between the States at variance.
Article 5
The functions of the mediator are at an end when once it is declared, either by one of the parties to
the dispute or by the mediator himself, that the means of reconciliation proposed by him are not
accepted.
Article 6
Good offices and mediation undertaken either at the request of the parties in dispute or on the
initiative of Powers strangers to the dispute have exclusively the character of advice, and never have
binding force.
Article 7
The acceptance of mediation cannot, unless there be an agreement to the contrary, have the effect of
interrupting, delaying, or hindering mobilization or other measures of preparation for war.
If it takes place after the commencement of hostilities, the military operations in progress are not
interrupted in the absence of an agreement to the contrary.
Article 8
The Contracting Powers are agreed in recommending the application, when circumstances allow, of
special mediation in the following form:
In case of a serious difference endangering peace, the States at variance choose respectively a
Power, to which they intrust the mission of entering into direct communication with the Power
chosen on the other side, with the object of preventing the rupture of pacific relations.
For the period of this mandate, the term of which, unless otherwise stipulated, cannot exceed thirty
days, the States in dispute cease from all direct communication on the subject of the dispute, which
is regarded as referred exclusively to the mediating Powers, which must use their best efforts to
settle it.
In case of a definite rupture of pacific relations, these Powers are charged with the joint task of
taking advantage of any opportunity to restore peace.
Part III. International Commissions of Inquiry
Article 9
In disputes of an international nature involving neither honour nor vital interests, and arising from a
difference of opinion on points of facts, the Contracting Powers deem it expedient and desirable that
the parties who have not been able to come to an agreement by means of diplomacy, should, as far
as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution of
these disputes by elucidating the facts by means of an impartial and conscientious investigation.
Article 10
International Commissions of Inquiry are constituted by special agreement between the parties in
dispute.
The Inquiry convention defines the facts to be examined; it determines the mode and time in which
the Commission is to be formed and the extent of the powers of the Commissioners.
It also determines, if there is need, where the Commission is to sit, and whether it may remove to
another place, the language the Commission shall use and the languages the use of which shall be
authorized before it, as well as the date on which each party must deposit its statement of facts, and,
generally speaking, all the conditions upon which the parties have agreed.
If the parties consider it necessary to appoint Assessors, the Convention of Inquiry shall determine
the mode of their selection and the extent of their powers.
Article 11
If the Inquiry Convention has not determined where the Commission is to sit, it will sit at The
Hague.
The place of meeting, once fixed, cannot be altered by the Commission except with the assent of the
parties.
If the Inquiry Convention has not determined what languages are to be employed, the question shall
be decided by the Commission.
Article 12
Unless an undertaking is made to the contrary, Commissions of Inquiry shall be formed in the
manner determined by Articles 45 and 57 of the present Convention.
Article 13
Should one of the Commissioners or one of the Assessors, should there be any, either die, or
resign, or be unable for any reason whatever to discharge his functions, the same procedure is
followed for filling the vacancy as was followed for appointing him.
Article 14
The parties are entitled to appoint special agents to attend the Commission of Inquiry, whose duty it
is to represent them and to act as intermediaries between them and the Commission.
They are further authorized to engage counsel or advocates, appointed by themselves, to state their
case and uphold their interests before the Commission.
Article 15
The International Bureau of the Permanent Court of Arbitration acts as registry for the Commissions
which sit at The Hague, and shall place its offices and staff at the disposal of the Contracting
Powers for the use of the Commission of Inquiry.
Article 16
If the Commission meets elsewhere than at The Hague, it appoints a Secretary-General, whose
office serves as registry.
It is the function of the registry, under the control of the President, to make the necessary
arrangements for the sittings of the Commission, the preparation of the Minutes, and, while the
inquiry lasts, for the charge of the archives, which shall subsequently be transferred to the
International Bureau at The Hague.
Article 17
In order to facilitate the constitution and working of Commissions of Inquiry, the Contracting
Powers recommend the following rules, which shall be applicable to the inquiry procedure in so far
as the parties do not adopt other rules.
Article 18
The Commission shall settle the details of the procedure not covered by the special Inquiry
Convention or the present Convention, and shall arrange all the formalities required for dealing with
the evidence.
Article 19
On the inquiry both sides must be heard.
At the dates fixed, each party communicates to the Commission and to the other party the statements
of facts, if any, and, in all cases, the instruments, papers, and documents which it considers useful
for ascertaining the truth, as well as the list of witnesses and experts whose evidence it wishes to be
heard.
Article 20
The Commission is entitled, with the assent of the Powers, to move temporarily to any place where
it considers it may be useful to have recourse to this means of inquiry or to send one or more of its
members. Permission must be obtained from the State on whose territory it is proposed to hold the
inquiry.
Article 21
Every investigation, and every examination of a locality, must be made in the presence of the agents
and counsel of the parties or after they have been duly summoned.
Article 22
The Commission is entitled to ask from either party for such explanations and information as it
considers necessary.
Article 23
The parties undertake to supply the Commission of Inquiry, as fully as they may think possible,
with all means and facilities necessary to enable it to become completely acquainted with, and to
accurately understand, the facts in question.
They undertake to make use of the means at their disposal, under their municipal law, to insure the
appearance of the witnesses or experts who are in their territory and have been summoned before
the Commission.
If the witnesses or experts are unable to appear before the Commission, the parties will arrange for
their evidence to be taken before the qualified officials of their own country.
Article 24
For all notices to be served by the Commission in the territory of a third Contracting Power, the
Commission shall apply direct to the Government of the said Power. The same rule applies in the
case of steps being taken on the spot to procure evidence.
The requests for this purpose are to be executed so far as the means at the disposal of the Power
applied to under its municipal law allow. They cannot be rejected unless the Power in question
considers they are calculated to impair its sovereign rights or its safety.
The Commission will equally be always entitled to act through the Power on whose territory it sits.
Article 25
The witnesses and experts are summoned on the request of the parties or by the Commission of its
own motion, and, in every case, through the Government of the State in whose territory they are.
The witnesses are heard in succession and separately in the presence of the agents and counsel, and
in the order fixed by the Commission.
Article 26
The examination of witnesses is conducted by the President.
The members of the Commission may however put to each witness questions which they consider
likely to throw light on and complete his evidence, or get information on any point concerning the
witness within the limits of what is necessary in order to get at the truth.
The agents and counsel of the parties may not interrupt the witness when he is making his
statement, nor put any direct question to him, but they may ask the President to put such additional
questions to the witness as they think expedient.
Article 27
The witness must give his evidence without being allowed to read any written draft. He may,
however, be permitted by the President to consult notes or documents if the nature of the facts
referred to necessitates their employment.
Article 28
A Minute of the evidence of the witness is drawn up forthwith and read to the witness. The latter
may make such alterations and additions as he thinks necessary, which will be recorded at the end
of his statement.
When the whole of his statement has been read to the witness, he is asked to sign it.
Article 29
The agents are authorized, in the course of or at the close of the inquiry, to present in writing to the
Commission and to the other party such statements, requisitions, or summaries of the facts as they
consider useful for ascertaining the truth.
Article 30
The Commission considers its decisions in private and the proceedings are secret.
All questions are decided by a majority of the members of the Commission.
If a member declines to vote, the fact must be recorded in the Minutes.
Article 31
The sittings of the Commission are not public, nor the Minutes and documents connected with the
inquiry published except in virtue of a decision of the Commission taken with the consent of the
parties.
Article 32
After the parties have presented all the explanations and evidence, and the witnesses have all been
heard, the President declares the inquiry terminated, and the Commission adjourns to deliberate and
to draw up its Report.
Article 33
The Report is signed by all the members of the Commission.
If one of the members refuses to sign, the fact is mentioned; but the validity of the Report is not
affected.
Article 34
The Report of the Commission is read at a public sitting, the agents and counsel of the parties being
present or duly summoned.
A copy of the Report is given to each party.
Article 35
The Report of the Commission is limited to a statement of facts, and has in no way the character of
an Award. It leaves to the parties entire freedom as to the effect to be given to the statement.
Article 36
Each party pays its own expenses and an equal share of the expenses incurred by the Commission.
Part IV. International Arbitration
Chapter I. The System of Arbitration
Article 37
International arbitration has for its object the settlement of disputes between States by Judges of
their own choice and on the basis of respect for law.
Recourse to arbitration implies an engagement to submit in good faith to the Award.
Article 38
In questions of a legal nature, and especially in the
interpretation or application of International Conventions, arbitration is recognized by the
Contracting Powers as the most effective, and, at the same time, the most equitable means of
settling disputes which diplomacy has failed to settle.
Consequently, it would be desirable that, in disputes about the above-mentioned questions, the
Contracting Powers should, if the case arose, have recourse to arbitration, in so far as
circumstances permit.
Article 39
The Arbitration Convention is concluded for questions already existing or for questions which may
arise eventually.
It may embrace any dispute or only disputes of a certain category.
Article 40
Independently of general or private Treaties expressly stipulating recourse to arbitration as
obligatory on the Contracting Powers, the said Powers reserve to themselves the right of
concluding new Agreements, general or particular, with a view to extending compulsory arbitration
to all cases which they may consider it possible to submit to it.
Chapter II. The Permanent Court of Arbitration
Article 41
With the object of facilitating an immediate recourse to arbitration for international differences,
which it has not been possible to settle by diplomacy, the Contracting Powers undertake to maintain
the Permanent Court of Arbitration, as established by the First Peace Conference, 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 42
The Permanent Court is competent for all arbitration cases, unless the parties agree to institute a
special Tribunal.
Article 43
The Permanent Court sits at The Hague.
An International Bureau serves as registry for the Court. It is the channel for communications
relative to the meetings of the Court; it has charge of the archives and conducts all the administrative
business.
The Contracting Powers undertake to communicate to the Bureau, as soon as possible, a certified
copy of any conditions of arbitration arrived at between them and of any Award concerning them
delivered by a special Tribunal.
They likewise undertake to communicate to the Bureau the laws, regulations, and documents
eventually showing the execution of the Awards given by the Court.
Article 44
Each Contracting Power selects 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 Arbitrator.
The persons thus elected are inscribed, as Members of the Court, in a list which shall be notified to
all the Contracting Powers by the Bureau.
Any alteration in the list of Arbitrators is brought by the Bureau to the knowledge of the Contracting
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. These appointments are renewable.
Should a Member of the Court die or resign, the same procedure is followed for filling the vacancy
as was followed for appointing him. In this case the appointment is made for a fresh period of six
years.
Article 45
When the Contracting Powers wish to have recourse to the Permanent Court for the settlement of a
difference which has arisen between them, the Arbitrators called upon to form the Tribunal with
jurisdiction 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, of whom one only can be its national or chosen from among
the persons selected by it as Members of the Permanent Court. These Arbitrators together choose an
Umpire.
If the votes are equally divided, 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.
If, within two months' time, these two Powers cannot come to an agreement, each of them presents
two candidates taken from the list of Members of the Permanent Court, exclusive of the members
selected by the parties and not being nationals of either of them. Drawing lots determines which of
the candidates thus presented shall be Umpire.
Article 46
The Tribunal being thus composed, the parties notify to the Bureau their determination to have
recourse to the Court, the text of their `Compromis', and the names of the Arbitrators.
The Bureau communicates without delay to each Arbitrator the `Compromis', and the names of the
other members of the Tribunal.
The Tribunal assembles at the date fixed by the parties. The Bureau makes the necessary
arrangements for the meeting.
The members of the Tribunal, in the exercise of their duties and out of their own country, enjoy
diplomatic privileges and immunities.
Article 47
The Bureau is authorized to place its offices and staff at the disposal of the Contracting Powers for
the use 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-Contracting Powers or between Contracting Powers and
non-Contracting Powers, if the parties are agreed on recourse to this Tribunal.
Article 48
The Contracting 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 parties at variance 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.
In case of dispute between two Powers, one of them can always address to the International Bureau
a note containing a declaration that it would be ready to submit the dispute to arbitration.
The Bureau must at once inform the other Power of the declaration.
Article 49
The Permanent Administrative Council, composed of the Diplomatic Representatives of the
Contracting Powers accredited to The Hague and of the Netherland Minister for Foreign Affairs,
who will act as President, is charged with the direction and control of the International Bureau.
The Council settles its rules of procedure and all other necessary regulations.
It decides all questions of administration which may arise with regard to the operations of the Court.
It has entire control over the appointment, suspension, or dismissal of the officials and employ s of
the Bureau.
It fixes the payments and salaries, and controls the general expenditure.
At meetings duly summoned the presence of nine 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 Contracting 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 expenditure. The Report likewise contains a r sum of what is important in
the documents comunicated to the Bureau by the Powers in virtue of Article 43, paragraphs 3 and 4.
Article 50
The expenses of the Bureau shall be borne by the Contracting Powers in the proportion fixed for the
International Bureau of the Universal Postal Union.
The expenses to be charged to the adhering Powers shall be reckoned from the date on which their
adhesion comes into force.
Chapter III. Arbitration Procedure
Article 51
With a view to encouraging the development of arbritation, the Contracting Powers have agreed on
the following rules, which are applicable to arbitration procedure, unless other rules have been
agreed on by the parties.
Article 52
The Powers which have recourse to arbitration sign a `Compromis', in which the subject of the
dispute is clearly defined, the time allowed for appointing Arbitrators, the form, order, and time in
which the communication referred to in Article 63 must be made, and the amount of the sum which
each party must deposit in advance to defray the expenses.
The `Compromis' likewise defines, if there is occasion, the manner of appointing Arbitrators, any
special powers which may eventually belong to the Tribunal, where it shall meet, the language it
shall use, and the languages the employment of which shall be authorized before it, and, generally
speaking, all the conditions on which the parties are agreed.
Article 53
The Permanent Court is competent to settle the `Compromis', if the parties are agreed to have
recourse to it for the purpose.
It is similarly competent, even if the request is only made by one of the parties, when all attempts to
reach an understanding through the diplomatic channel have failed, in the case of:
1. A dispute covered by a general Treaty of Arbitration concluded or renewed after the present
Convention has come into force, and providing for a `Compromis' in all disputes and not either
explicitly or implicitly excluding the settlement of the `Compromis' from the competence of the
Court. Recourse cannot, however, be had to the Court if the other party declares that in its opinion
the dispute does not belong to the category of disputes which can be submitted to compulsory
arbitration, unless the Treaty of Arbitration confers upon the Arbitration Tribunal the power of
deciding this preliminary question.
2. A dispute arising from contract debts claimed from one Power by another Power as due to its
nationals, and for the settlement of which the offer of arbitration has been accepted. This
arrangement is not applicable if acceptance is subject to the condition that the `Compromis' should
be settled in some other way.
Article 54
In the cases contemplated in the preceding Article, the `Compromis' shall be settled by a
Commission consisting of five members selected in the manner arranged for in Article 45,
paragraphs 3 to 6.
The fifth member is President of the Commission ex officio.
Article 55
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 Convention.
Failing the constitution of the Tribunal by direct agreement between the parties, the course referred
to in Article 45, paragraphs 3 to 6, is followed.
Article 56
When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitration procedure is settled
by him.
Article 57
The Umpire is President of the Tribunal ex officio.
When the Tribunal does not include an Umpire, it appoints its own President.
Article 58
When the `Compromis' is settled by a Commission, as contemplated in Article 54, and in the
absence of an agreement to the contrary, the Commission itself shall form the Arbitration Tribunal.
Article 59
Should one of the Arbitrators either die, retire, or be unable for any reason whatever to discharge
his functions, the same procedure is followed for filling the vacancy as was followed for appointing
him.
Article 60
The Tribunal sits at The Hague, unless some other place is selected by the parties.
The Tribunal can only sit in the territory of a third Power with the latter's consent.
The place of meeting once fixed cannot be altered by the Tribunal, except with the consent of the
parties.
Article 61
If the question as to what languages are to be used has not been settled by the `Compromis', it shall
be decided by the Tribunal.
Article 62
The parties are entitled to appoint special agents to attend the Tribunal to act as intermediaries
between themselves and the Tribunal.
They are further authorized to retain for the defence of their rights and interests before the Tribunal
counsel or advocates appointed by themselves for this purpose.
The Members of the permanent Court may not act as agents, counsel, or advocates except on behalf
of the Power which appointed them Members of the Court.
Article 63
As a general rule, arbitration procedure comprises two distinct phases: pleadings and oral
discussions.
The pleadings consist in the communication by the respective agents to the members of the Tribunal
and the opposite party of cases, counter-cases, and, if necessary, of replies; the parties annex
thereto all papers and documents called for in the case. This communication shall be made either
directly or through the intermediary of the International Bureau, in the order and within the time
fixed by the `Compromis'.
The time fixed by the `Compromis' may be extended by mutual agreement by the parties, or by the
Tribunal when the latter considers it necessary for the purpose of reaching a just decision.
The discussions consists in the oral development before the Tribunal of the arguments of the
parties.
Article 64
A certified copy of every document produced by one party must be communicated to the other
party.
Article 65
Unless special circumstances arise, the Tribunal does not meet until the pleadings are closed.
Article 66
The discussions are under the control 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 minutes drawn up by the Secretaries appointed by the President. These
minutes are signed by the President and by one of the Secretaries and alone have an authentic
character.
Article 67
After the close of the pleadings, the Tribunal is entitled to refuse discussion of all new papers or
documents which one of the parties may wish to submit to it without the consent of the other party.
Article 68
The Tribunal is free to take into consideration new papers of 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 papers or documents, but is
obliged to make them known to the opposite party.
Article 69
The Tribunal can, besides, require from the agents of the parties the production of all papers, and
can demand all necessary explanations. In case of refusal the Tribunal takes note of it.
Article 70
The agents and the counsel of the parties are authorized to present orally to the Tribunal all the
arguments they may consider expedient in defence of their case.
Article 71
They are entitled to raise objections and points. The decisions of the Tribunal on these points are
final and cannot form the subject of any subsequent discussion.
Article 72
The members of the Tribunal are entitled to put questions to the agents and counsel of the parties,
and to ask them for explanations on doubtful points.
Neither the questions put, nor the remarks made by members of the Tribunal in the course of the
discussions, can be regarded as an expression of opinion by the Tribunal in general or by its
members in particular.
Article 73
The Tribunal is authorized to declare its competence in interpreting the `Compromis', as well as the
other Treaties which may be invoked, and in applying the principles of law.
Article 74
The Tribunal is entitled to issue rules of procedure for the conduct of the case, to decide the forms,
order, and time in which each party must conclude its arguments, and to arrange all the formalities
required for dealing with the evidence.
Article 75
The parties undertake to supply the Tribunal, as fully as they consider possible, with all the
information required for deciding the case.
Article 76
For all notices which the Tribunal has to serve in the territory of a third Contracting Power, the
Tribunal shall apply direct to the Government of that Power. The same rule applies in the case of
steps being taken to procure evidence on the spot.
The requests for this purpose are to be executed as far as the means at the disposal of the Power
applied to under its municipal law allow. They cannot be rejected unless the Power in question
considers them calculated to impair its own sovereign rights or its safety.
The Court will equally be always entitled to act through the Power on whose territory it sits.
Article 77
When the agents and counsel of the parties have submitted all the explanations and evidence in
support of their case the President shall declare the discussion closed.
Article 78
The Tribunal considers its decisions in private and the proceedings remain secret.
All questions are decided by a majority of the members of the Tribunal.
Article 79
The Award must give the reasons on which it is based. It contains the names of the Arbitrators; it is
signed by the President and Registrar or by the Secretary acting as Registrar.
Article 80
The Award is read out in public sitting, the agents and counsel of the parties being present or duly
summoned to attend.
Article 81
The Award, duly pronounced and notified to the agents of the parties, settles the dispute definitively
and without appeal.
Article 82
Any dispute arising between the parties as to the interpretation and execution of the Award shall, in
the absence of an Agreement to the contrary, be submitted to the Tribunal which pronounced it.
Article 83
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 upon the Award and which was unknown to the
Tribunal and to the party which demanded the revision at the time the discussion was closed.
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 preceding paragraph, and
declaring the demand admissible on this ground.
The `Compromis' fixes the period within which the demand for revision must be made.
Article 84
The Award is not binding except on the parties in dispute.
When it concerns the interpretation of a Convention to which Powers other than those in dispute are
parties, they shall inform all the Signatory Powers in good time. Each of these Powers is entitled to
intervene in the case. If one or more avail themselves of this right, the interpretation contained in the
Award is equally binding on them.
Article 85
Each party pays its own expenses and an equal share of the expenses of the Tribunal.
Chapter IV. Arbitration by Summary Procedure
Article 86
With a view to facilitating the working of the system of arbitration in disputes admitting of a
summary procedure, the Contracting Powers adopt the following rules, which shall be observed in
the absence of other arrangements and subject to the reservation that the provisions of Chapter III
apply so far as may be.
Article 87
Each of the parties in dispute appoints an Arbitrator. The two Arbitrators thus selected choose an
Umpire. If they do not agree on this point, each of them proposes two candidates taken from the
general list of the Members of the Permanent Court exclusive of the members appointed by either of
the parties and not being nationals of either of them; which of the candidates thus proposed shall be
the Umpire is determined by lot.
The Umpire presides over the Tribunal, which gives its decisions by a majority of votes.
Article 88
In the absence of any previous agreement the Tribunal, as soon as it is formed, settles the time
within which the two parties must submit their respective cases to it.
Article 89
Each party is represented before the Tribunal by an agent, who serves as intermediary between the
Tribunal and the Government who appointed him.
Article 90
The proceedings are conducted exclusively in writing. Each party, however, is entitled to ask that
witnesses and experts should be called. The Tribunal has, for its part, the right to demand oral
explanations from the agents of the two parties, as well as from the experts and witnesses whose
appearance in Court it may consider useful.
Part V. Final Provisions
Article 91
The present Convention, duly ratified, shall replace, as between the Contracting Powers, the
Convention for the Pacific Settlement of International Disputes of the 29th July, 1899.
Article 92
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a proc s-verbal signed by the Representatives of
the Powers which take part therein and by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification, addressed
to the Netherland Government and accompanied by the instrument of ratification.
A duly certified copy of the proc s-verbal relative to the first deposit of ratifications, of the
notifications mentioned in the preceding paragraph, and of the instruments of ratification, shall be
immediately sent by the Netherland Government, through the diplomatic channel, to the Powers
invited to the Second Peace Conference, as well as to those Powers which have adhered to the
Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the
same time inform the Powers of the date on which it received the notification.
Article 93
Non-Signatory Powers which have been invited to the Second Peace Conference may adhere to the
present Convention.
The Power which desires to adhere notifies its intention in writing to the Netherland Government,
forwarding to it the act of adhesion, which shall be deposited in the archives of the said
Government.
This Government shall immediately forward to all the other Powers invited to the Second Peace
Conference a duly certified copy of the notification as well as of the act of adhesion, mentioning the
date on which it received the notification.
Article 94
The conditions on which the Powers which have not been invited to the Second Peace Conference
may adhere to the present Convention shall form the subject of a subsequent Agreement between the
Contracting Powers.
Article 95
The present Convention shall take effect, in the case of the Powers which were not a party to the
first deposit of ratifications, sixty days after the date of the proc s-verbal of this deposit, and, in the
case of the Powers which ratify subsequently or which adhere, sixty days after the notification of
their ratification or of their adhesion has been received by the Netherland Government.
Article 96
In the event of one of the Contracting Parties wishing to denounce the present Convention, the
denunciation shall be notified in writing to the Netherland Government, which shall immediately
communicate a duly certified copy of the notification to all the other Powers informing them of the
date on which it was received.
The denunciation shall only have effect in regard to the notifying Power, and one year after the
notification has reached the Netherland Government.
Article 97
A register kept by the Netherland Minister for Foreign Affairs shall give the date of the deposit of
ratifications effected in virtue of Article 92, paragraphs 3 and 4, as well as the date on which the
notifications of adhesion (Article 93, paragraph 2) or of denunciation (Article 96, paragraph 1) have
been received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly
certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague, the 18th October 1907, in a single copy, which shall remain deposited in the
archives of the Netherland Government, and duly certified copies of which shall be sent, through
the diplomatic channel, to the Contracting Powers.
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