This section is from the book "Popular Law Library Vol12 International Law, Conflict Of Laws, Spanish-American Laws, Legal Ethics", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Art. XXX. With a view to favor the development of arbitration, the signatory powers have agreed upon the following rules which shall apply to arbitral procedure, in so far as the parties have not agreed upon other rules.
Art. XXXI. The powers who have recourse to arbitration sign a special undertaking (arbitral agreement), in which the object of the litigation, as well as the extent of the powers of the arbitrators, are clearly defined. This undertaking implies an engagement of the parties to submit in good faith to the arbitral decision.
Art. XXXII. The arbitral functions may be conferred upon one arbitrator, or upon several arbitrators, designated by the parties at their discretion, or chosen by them from among the members of the permanent court of arbitration established by this instrument. In default of the constitution of the tribunal by an immediate agreement of the parties, the procedure shall be as follows: Each party names two arbitrators, and the latter, acting together, choose an umpire. In case of an equality of votes, the selection of an umpire is intrusted to a third power, designated by agreement of the parties. If no agreement is reached on this point, each party designates a different power, and the selection of an umpire is made by agreement of the powers thus designated.
Art. XXXIII. Where the sovereign or chief of the state is chosen as arbitrator, the arbitral procedure is regulated by him.
Art. XXXIV. The umpire is ex officio President of the tribunal; where the tribunal does not include an umpire the tribunal itself names its President.
Art. XXXV. In case of the death or resignation of an arbitrator, or his inability to act for any cause whatever, the vacancy is filled in accordance with the method prescribed for his appointment.
Art. XXXVI. The seat of the tribunal is designated by the parties. In default of any such designation, the tribunal sits at The Hague. The sitting so fixed, save in case of necessity, can be changed by the tribunal only with the consent of the parties.
Art. XXXVII. The parties have the right to appoint delegates or special agents before the tribunal, charged with the duty of acting as intermediaries between themselves and the tribunal. In addition they are authorized to have counsellors or advocates, named by themselves, and charged with the defence of their rights and interests before the tribunal.
Art. XXXVIII. The tribunal decides upon the choice of languages to be used in its proceedings, and which shall be authorized to be employed in its presence.
Art. XXXIX. Arbitral procedure comprehends, as a general rule, two distinct phases: preliminary examination and discussion. Preliminary examination consists in the communication made by the respective agents to the members of the tribunal and the adverse party of all written and printed documents containing the matters relied upon by them in support of their cases. This presentation shall be made in such order and sequence, and subject to such delays, as may be determined upon by the tribunal in virtue of Article XLIX. Discussion consists in the oral development of the matters submitted to the tribunal by the parties.
Art. XL. Every document presented by either party shall be communicated to the other.
Art. XLI. The discussions are directed by the President. They are made in public only, in pursuance of a decision of the tribunal made with the consent of the parties. They are entered on the record of proceedings by the secretaries named by the President. These records alone have the official character.
Art. XLII. The examination being closed, the tribunal has the right to exclude from the case all new documents or instruments which one of the parties may wish to submit without the consent of the other.
Art. XLIII. The tribunal remains free to take into consideration new documents and instruments to which the agents or counsel of the parties desire to call to its attention. In this case the tribunal may require the production of such documents or instruments, subject to the obligation of making them known to the opposite party.
Art. XLIV. Moreover, the tribunal may require of the agents of the parties the production of all documents, and may ask all necessary explanations. In case of refusal the tribunal makes a note of the fact.
Art. XLV. Agents and counsel of the parties are authorized to present to the tribunal, orally, all matters which they may deem relevant to the defence of their case.
Art. XLVI. They have the right to note exceptions and incidents. The decisions of the tribunal on these points are final, and can give rise to no subsequent discussion.
Art. XLVII. The members of the tribunal have the right to put questions to the agents and counsel of the parties and to call for explanations of doubtful points. Neither the questions put nor the observations made by the members of the tribunal in the course of the pleadings can be regarded as expressions of the opinion of the tribunal, in general or of its individual members.
Art. XLVIII. The tribunal is authorized to determine its competence in the interpretation of the arbitral agreement, as well as in the interpretation of other treaties which may be appealed to in the case in point, and in the application of the rules of international law.
Art. XLIX. The tribunal has the right to make rules of procedure for the conduct of the litigation, to determine the form of presentation, and the delays in accordance with which each party shall submit his case, and to proceed with all due formality in respect to the production of evidence.
Art. L. The agents and counsel of the parties, having presented all proofs and explanations in support of their respective cases, the President declares the case closed.
Art. LI. the deliberations of the tribunal take place with closed doors. Every decision is reached by a majority of members of the tribunal. The refusal of a member to vote shall be noted in the record.
Art. LII. Reasons are to be assigned for the arbitral judgment, which shall be decided by a majority of members; it is reduced to writing and is signed by every member of the tribunal. Members of the minority may declare their dissent in attaching their signatures to the judgment.
Art. LIII. The arbitral judgment shall be read in a public session of the tribunal, at which the agents and counsel of the parties shall be present, or of which they shall be duly notified.
Art. LIV. The arbitral judgment, duly pronounced and notified to the agents of the litigant parties, decides the dispute finally and without appeal.
Art. LV. Parties may reserve, in the arbitral agreement, the right to demand a review of the arbitral judgment. In this case, and in the event of there being no stipulation to the contrary, the request will be addressed to the tribunal which has rendered the decision. It can be asked for only upon the discovery of new facts of such a nature that they would have exercised a decisive influence upon the judgment, and which, until the close of the hearing, were unknown either to the tribunal or to the party who demands a revision.
Procedure in review can be instituted only in consequence of a decision of the tribunal especially setting forth the existence of the new facts, and recognizing in them the character contemplated in the preceding paragraph and declaring that the request is received upon that ground. The arbitral agreement determines the limits of time within which the demand for revision shall be made.
Art. LVI. The arbitral judgment is obligatory only upon the parties to the arbitral agreement. When the interpretation of a treaty is in question to which other powers than those in litigation are parties, the latter shall notify the former of the agreement into which they have entered. Each of such powers has the right to be heard at the trial. If one or more of them has taken advantage of the right, the interpretation embodied in the arbitral judgment is equally binding upon them.
Art. LVII. Each party pays its own expenses and an equal share of the expenses of the tribunal.
 
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