Chapter III. On Arbitral Procedure
Article 30
With a view to encourage the development of arbitration, the Signatory Powers have agreed on the following Rules which shall be applicable to arbitral procedure, unless other rules have been agreed on by the parties.
Article 31
The Powers who have recourse to arbitration sign a special Act (compromis), in which the subject of the difference is clearly defined, as well as the extent of the Arbitrators' powers. This Act implies the undertaking of the parties to submit loyally to the award.
Article 32
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 Act.
Failing the constitution of the Tribunal by direct agreement between the parties, the following course shall be pursued:
Each party appoints two arbitrators, and these latter together choose an Umpire.
In case of equal voting, the choice of the Umpire is intrusted to a third Power, selected by the parties by common accord.
If no agreement is 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.
Article 33
When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitral procedure is settled by him.
Article 34
The Umpire is by right President of the Tribunal.
When the Tribunal does not include an Umpire it appoints its own President.
Article 35
In case of the death, retirement, or disability from any cause of one of the Arbitrators, his place shall be filled in accordance with the method of his appointment.
Article 36
The Tribunal's place of session is selected by the parties. Failing this selection the Tribunal sits at The Hague.
The place thus fixed cannot, except in case of necessity, be changed by the Tribunal without the assent of the parties.
