The Hague Convention,
Hague Convention (18 October 1907)
Convention for the Pacific Settlement of International Disputes
Articles 1 - 97
Entry into Force: 26 January 1910

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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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Source: Electronic text courtesy of the Permanent Court of Arbitration, The
Hague.



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