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 selected 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.
