"ART. 16. Neither the parties nor the arbitrators can officially implead other states or third persons without the special and express authorization of the agreement to arbitrate and the previous consent of such third parties.

"The voluntary intervention of a third party can be allowed only with the consent of the parties who originally concluded the agreement to arbitrate.

"ART. 17. Cross-actions can be brought before the tribunal of arbitration only so far as they are provided for by the original agreement to arbitrate, or as the parties and the tribunal may agree to allow them.

"ART. 18. The tribunal of arbitration decides in accordance with the principles of international law, unless the agreement to arbitrate prescribes different rules or leaves the decision to the free judgment of the arbitrators.

"ART. 19. The tribunal of arbitration cannot refuse to pronounce judg ment on the pretext that it is insufficiently informed either as to the facts or as to the legal principles to be applied.

"It must decide finally each of the points at issue. If, however, the agreement to arbitrate does not require a final decision to be given simul taneously on all the points, the tribunal may, while deciding finally on certain points, reserve others for subsequent disposition.

"The tribunal of arbitration may render interlocutory or preliminary judgments.

"ART. 20. The final decision must be pronounced within the period of time fixed by the agreement to arbitrate or by a subsequent agreement. If there be no other provision a period of two years from the day of the conclusion of the agreement to arbitrate is to be considered as agreed on. The day of the conclusion of the agreement is not included, nor the time during which one or more arbitrators have been prevented, by force majeure, from fulfilling their duties.

"In case the arbitrators, by interlocutory judgments, order preliminary proceedings, the period is to be extended for a year.

"ART. 21. Every judgment, final or provisional, shall be determined by a majority of all the arbitrators appointed, even in case one or more of them should refuse to concur in it.

"ART. 22. If the tribunal of arbitration finds the claims of neither of the parties justified it shall so declare and, unless limited in this respect by the agreement to arbitrate, shall determine the true state of the law with regard to the parties to the dispute.

"ART. 23. The arbitral sentence must be drawn up in writing and contain an exposition of the grounds of the decision, unless exemption from this be stipulated in the agreement to arbitrate. It must be signed by

each of the members of the court of arbitration. If a minority refuse to sign it the signature of the majority is sufficient, with a written statement that the minority refuse to sign.

"ART. 24. The sentence, together with the grounds, if an exposition of them be given, is formally communicated to each party. This is done by communicating a certified copy to the representative of each party, or to its attorney appointed ad hoc.

"After the sentence has been communicated to the representative or attorney of one of the parties it cannot be changed by the tribunal of arbitration.

"Nevertheless, the tribunal has the right, so long as the time limits of the agreement to arbitrate have not expired, to correct errors in writing or in reckoning, even though neither of the parties should suggest it, and to complete the sentence on points at issue not decided, on the suggestion of one of the parties, and after giving the other party a hearing. An interpretation of the sentence is allowable only on demand of both parties. "ART. 25. The sentence duly pronounced decides, within the scope of its operation, the point at issue between the parties.

"ART. 26. Each party shall bear its own costs and half of the costs of the tribunal of arbitration, without prejudice to the decision of the court as to the indemnity that one or the other party may be condemned to pay. "ART. 27. The sentence of arbitration shall be void in case of the avoidance of the agreement to arbitrate, or of an excess of power, or of proved corruption of one of the arbitrators, or of essential error."

Rules proposed at the Columbian Exhibition in 1893.-"Proposed rules for the organization of an international tribunal of arbitration, submitted by Messrs. Wm. Allen Butler, Dorman B. Eaton, and Cephas Brainerd to the Universal Peace Congress in Chicago in 1893.

“In order to maintain peace between the high contracting parties, they agree as follows:

"First. If any cause of complaint arise between any of the nations parties hereto, the one aggrieved shall give formal notice thereof to the other, specifying in detail the cause of complaint and the redress which it seeks.

"Second. The nation which receives from another notice of any cause of complaint shall, within one month thereafter, give a full and explicit answer thereto.

"Third. If the nation complaining and the nation complained of do not otherwise, within two months after such answer, agree between themselves, they shall each appoint three members of a joint commission, who shall confer together, discuss the differences, endeavor to reconcile them, and within one month after their appointment shall report the result to the nations appointing them respectively.

"Fourth. If the joint commissioners fail to agree, or the nations appointing them fail to ratify their acts, those nations shall, within twelve months after the appointment of the joint commission, give notice of such failure to the other parties to the treaty, and the cause of complaint shall be referred to the tribunal of arbitration, instituted as follows:

"1. Each signatory nation shall, within one month after the ratification of this treaty, transmit to the other signatory nations the names of four persons as fit to serve on such tribunal.

"2. From the list of such persons, the nations at any time in controversy shall alternately, and as speedily as possible, select one after another until seven are selected, which seven shall constitute the tribunal for the hearing and decision of that controversy. Notice of each selection shall immediately be given to the permanent secretary, who shall at once notify the person so selected.

"3. The tribunal thus constituted shall, by writing signed by the members or a majority of them, appoint a time and place of meeting and give notice thereof through the permanent secretary to the parties in controversy; and at such time and place, or at other times and places to which an adjournment may be had, it shall hear the parties and decide between them, and such decision shall be final and conclusive.

"4. If either of these parties fail to signify its selection of names from the lists within one month after a request from the other to do so, the other may select for it; and if any of the persons selected to constitute the tribunal shall die or fail from any cause to serve, the vacancy shall be filled by the nation which originally named the person whose place is to be filled.

"Fifth. Each of the parties to this treaty binds itself to unite, as herein prescribed, in forming a tribunal of arbitration for all cases in controversy between any of them not adjusted by a joint commission, as herein before provided, except that such arbitration shall not extend to any question respecting the independence or sovereignty of a nation, or its equality with other nations, or its form of government or its internal affairs.

"1. The Tribunal of Arbitration shall consist of seven members, and shall be constituted in a manner provided in the foregoing fourth rule; but it may, if the nations in controversy so agree, consist of less than seven persons, and in that case the members of the tribunal shall be selected jointly by them from the whole list of persons named by the signatory nations. Each nation claiming a distinct interest in the question at issue shall have the right to appoint one additional arbitrator on its own behalf.

"2. When the tribunal shall consist of several arbitrators a majority of the whole number may act, notwithstanding the absence or withdrawal of the minority. In such case the majority shall continue in the performance of their duties until they shall have reached a final determination of the question submitted for their consideration.

"3. The decision of a majority of the whole number of arbitrators shall be final, both on the main and incidental issues, unless it shall have been expressly provided by the nations in controversy that unanimity is essential.

"4. The expenses of an arbitration proceeding, including the compensation of the arbitrators, shall be paid in equal proportions by the nations that are parties thereto, except as provided in subdivision 6 of this article; but expenses of either party in the preparation and prosecution of its case shall be defrayed by it individually.

"5. Only by the mutual consent of all the signatory nations may the provisions of these articles be disregarded and courts of arbitration appointed under different arrangements.

"6. A permanent secretary shall be appointed by agreement between the signatory nations, whose office shall be at Berne, Switzerland, where the records of the tribunal shall be preserved. The permanent secretary shall have power to appoint two assistant secretaries, and such other assistants as may be required for the performance of the duties incident to the proceedings of the tribunal.

"The salary of the permanent secretary, assistant secretaries, and other persons connected with his office shall be paid by the signatory nations,

out of a fund to be provided for that purpose, to which each of such nations shall contribute in a proportion corresponding to the population of the several nations.

"7. Upon the reference of any controversy to the tribunal, and after the selection of the arbitrators to constitute the tribunal for the hearing of such controversy, it shall fix the time within which the case, counter case, reply, evidence, and arguments of the respective parties shall be submitted to it, and shall make rules regulating the proceedings under which that controversy shall be heard.

"8. The tribunal as first constituted, for the determination of a controversy, may establish general rules for practice and proceeding before all tribunals assembled for the hearing of any controversy submitted under the provisions of these articles, which rules may from time to time be amended or changed by any subsequent tribunal; and all such rules shall immediately, upon their adoption, be notified to the various signatory powers.

"Sixth. If any of the parties to this treaty shall begin hostilities against another party without having first exhausted the means of reconciliation herein provided for, or shall fail to comply with the decisions of the Tribunal of Arbitration, within one month after receiving notice of the decision, the chief executive of every other nation party hereto shall issue a proclamation declaring [such] hostilities or failure to be an infraction of this treaty, and at the end of thirty days thereafter the ports of the nations from which the proclamation proceeds shall be closed against the offending or defaulting nation, except upon condition that all vessels and goods coming from or belonging to any of its citizens shall, as a condition, be subjected to double the duties to which they would otherwise have been subjected. But the exclusion may be at any time revoked by another proclamation of like authority, issued at the request of the offending nation, declaring its readiness to comply with this treaty in its letter and spirit.

"Seventh. A conference of representatives of the nations parties to this treaty shall be held every alternate year, beginning on the first of January, at the capital of each in rotation, and in the order of the signatures to this treaty, for the purpose of discussing the provisions of the treaty, and desired amendments thereof, averting war, facilitating intercourse, and preserving peace."

Resolution adopted by the interparliamentary conference at Brussels, in 1895, concerning the establishment of a permanent court of international arbitration.— In 1889 certain members of the British and French parliaments formed at Paris a parliamentary union, to be composed of members of the legislative assemblies of various countries, for the purpose of considering questions relating to the preservation of peace, and especially to the development of international arbitration. This association has, each year since its formation, held a conference at some city in Europe. At its session at Brussels, in 1895, it adopted the following resolution concerning the establishment of a permanent court of international arbitration:

"The interparliamentary conference, assembled at Brussels, considering the frequency of cases of international arbitration and the number and extension of arbitral clauses in treaties, and desiring to see an international justice and an international jurisdiction established on a stable

basis, charges its president to recommend to the favorable consideration of the governments of civilized states the following provisions, which may be made the subject of a diplomatic conference or of special conventions: "1. The high contracting parties constitute a permanent court of international arbitration, to take cognizance of differences which they shall submit to its decision.

"In cases in which a difference shall arise between two or more of them the parties shall decide whether the contest is of a nature to be brought before the court under the obligations which they have contracted by treaty.

"2. The court shall sit at

"Its seat may be transferred to another place by the decision of a majority of three-fourths of the adhering powers.

"The government of the state in which the court is sitting guarantees its safety as well as the freedom of its discussions and decisions.

"3. Each signatory or adhering government shall name two members of the court.

"Nevertheless, two or more governments may unite in designating two members in common.

"The members of the court shall be appointed for a period of five years, and their powers may be renewed.

"4. The support and compensation of the members of the court shall be defrayed by the state which names them.

"The expenses of the court shall be shared equally by the adhering

states.

"5. The court shall elect from its members a president and a vice-president for a period of a year. The president is not eligible for reelection after a period of five years. The vice-president shall take the place of the president in all cases in which the latter is unable to act.

"The court shall appoint its clerk and determine the number of employees which it deems necessary.

"The clerk shall reside at the seat of the court and have charge of its archives.

"6. The parties may, by common accord, lay their suit directly before the court.

"7. The court is invested with jurisdiction by means of a notification given to the clerk, by the parties, of their intention to submit their difference to the court.

"The clerk shall bring the notification at once to the knowledge of the president.

"If the parties have not availed themselves of their privilege of bringing their suit directly before the court, the president shall designate two members who shall constitute a tribunal to act in the first instance.

"On the request of one of the parties, the members called to constitute this tribunal shall be designated by the court itself.

"The members named by the states that are parties to the suit shall not be a part of the tribunal.

"The members designated to sit cannot refuse to do so.

"8. The form of the submission shall be determined by the disputing governments, and, in case they are unable to agree b the tribunal, or, when there is occasion for it, by the court.