Page:The Annual Register 1899.djvu/324

 316] FOEEIGN HISTOEY. [1899.

In case of a division of votes, the choice of the umpire shall be entrusted to a third Power, named in agreement by the parties.

If an agreement is not come to on this subject, each party shall designate a different Power, and the choice of the umpire shall be made in concert by the Powers so designated.

32. When the arbitrator is a sovereign, or the chief of a State, the arbitration procedure shall be exclusively settled by his high determination.

33. The umpire is president dejure of the tribunal.

When the tribunal does not include an umpire it shall itself name its president.

36. The disputing parties have the right to name to the tribunal delegates or special agents, to serve as intermediaries between the tribunal and the litigating parties. They are, moreover, authorised to entrust the defence of their rights and interests before the tribunal to counsel or advocates named by them for that purpose.

40. The hearing before the tribunal is directed by the president.

It is recorded in reports set forth by secretaries appointed by the president. These reports alone are to be regarded as authentic.

41. The preliminary procedure being private and the debates being public, the tribunal has the right to refuse all new deeds or documents which the representatives of one of the parties wish to submit to it without the consent of the other.

47. The tribunal alone is authorised to settle its compe- tence, by the interpretation of the agreement to arbitrate as well as of other treaties which may be invoked in the matter, and by the application of the principles of international law.

48. The tribunal has the right to make rules of procedure for the direction of the arbitration, to settle the forms and periods within which each party will be obliged to finish its case, and to carry out all the formalities necessary for the receiving of evidence.

51. The arbitral decision voted by a majority must state the reasons on which it is based. It is to be set down in writing and signed by all the members of the tribunal.

Those of the members who are in a minority may, when signing, record their dissent.

54. Except in the case of a contrary provision, contained in the agreement to arbitrate, revision of the arbitral decision may be demanded of the tribunal which has given the decision, but only on the ground of the discovery of a new fact, which would have been of such a nature as to exercise a decisive influence on the judgment, and which at the moment of such judgment was unknown to the tribunal itself and to the parties.

The procedure of revision can only be opened by a decision of the tribunal expressly declaring the existence of the new fact,