Parties); to select the language to be employed; to determine the methods of presentation of the cases, the rules under which the process shall be conducted, and the formalities and time-limits to which the Parties must conform; and in general to adopt all the means which may be necessary for the satisfactory exercise of their functions, as well as to resolve all kinds of difficulties in measure as they may arise in the course of the process. The two Governments bind themselves to afford the Arbitrator or Arbitrators all the means of information which they have in their power. V. The designation of the Arbitrator or Arbitrators may be made in the special Compromis or in a separate instrument after the person or persons selected have expressed themselves willing to undertake the task. VI. If it is agreed that the dispute shall be submitted to an Arbitral Tribunal, each of the High Contracting Parties shall propose an Arbitrator, and such nomination alone shall be decisive upon the consent of the other Party. The two nominated Arbitrators shall choose a third, who shall be the President of the Tribunal. In the case of disagreement as to the choice of the third Arbitrator, the two Governments shall request the President of the French Republic to make the nomination. VII. Each of the Parties may appoint one or more representatives to defend its case before the Arbitrator or the Arbitral Tribunal. VIII. The disagreements arising between the Parties in course of the process, concerning the competence of the arbitral jurisdiction, shall be settled by the same Arbitrator or Tribunal. The Arbitral Tribunal is competent to decide concerning the regularity of its own constitution. IX. The Arbitrator or Arbitral Tribunal shall give its decisions in conformity with the principles of International Law, or with the especial regulations which the two Parties have settled, or ex æquo et bono; always subject to the powers conferred upon them in the Compromis. X. The Tribunal shall operate in the presence of the three Arbitrators, and its decision shall be taken by unanimity or by a majority of votes. The vote of the two Arbitrators first chosen, if identical, shall decide the question or questions submitted to the Tribunal. In the case of disagreement between these two Arbitrators, the President or third Arbitrator shall adopt one of the two votes, or shall give his own vote, which shall be decisive. In the absence of one of the Arbitrators, the sittings of the Tribunal shall be suspended until the appearance of the absent member; if, however, the absent Arbitrator, after being duly summoned, fails to take part in the deliberations or other acts of the proceeding, the Tribunal shall operate with the two who are present, making a record of the absence of the other. If the absent Arbitrator should be the President, the operations of the Tribunal shall be suspended until he returns or is replaced in the manner laid down in Article VI. XI. The decision shall decide definitely all the points in dispute, and shall be set forth in two copies signed by the single Arbitrator or by the three members of the Arbitral Tribunal. If any one of these members refuses to sign it, the other two shall make a record accordingly in an especial instrument signed by both of them. The decisions shall be accompanied by the grounds on which they are based, or not so accompanied, according as has been laid down in the specific special Compromis. XII. The decisions shall be notified by the Arbitrator or by the Arbitral Tribunal to the representative of each of the Parties. XIII. The decision duly pronounced puts an end, within the limits of its competence, to the dispute between the Parties. In the same decision shall be fixed the term within which it must be carried out. XIV. Each of the Contracting Parties binds itself to observe and carry out loyally the arbitral decision. XV. Questions which arise concerning the execution of the decision shall be settled by the same Arbitrator or Arbitral Tribunal that pronounced the decision; and if this be not possible, shall be submitted to the decision of another Arbitrator. XVI. If, before the termination of the execution of the decision, either of the two interested Parties comes to know that any document, on which the decision has been founded, has been forged or tampered with, or ascertains that the decision was reached by an error of fact, it shall have power to apply for a revision of the proceedings before the same Arbitrator or Tribunal. XVII. Each of the Parties shall defray the expenses which it has incurred in its representation and the defence of its claim, and shall pay half of the general expenses of the arbitration. XVIII. It remains understood that the exceptions laid down in the second part of Article I of this Treaty do not The Spanish text adds "in like manner." + The Spanish text adds "by the President of" the Arbitral Tribunal. affect that which is laid down in Articles III and VIII of the Boundary Treaty signed at Rio de Janeiro between Peru and Brazil on the 8th of September of the present year;* those stipulations shall continue in full force. XIX. The ratifications of this Treaty, which must be approved by the legislative Power of each of the two Republics, shall be exchanged within as short a time-limit as possible in the city of Lima or of Rio de Janeiro. XX. The present Treaty shall be in force for ten years, reckoning from the date of the exchange of the ratifications. If it is not denounced six months before the maturity of the term, it shall be considered renewed for another period of ten years, and so on successively. In witness whereof, we, the Plenipotentiaries named above, do sign the present instrument in two copies, each in the Portuguese and Spanish languages, affixing to them our seals. Done in the city of Petropolis, on the 7th day of the month of December, 1909. (L.S.) RIO-BRANCO. CONVENTION of General Obligatory Arbitration between Brazil and Uruguay.-Rio de Janeiro, December 27, 1916. [Ratifications exchanged at Rio de Janeiro, June 10, 1918.] (Translation.) THE Government of the Republic of the United States of Brazil and the Government of the Oriental Republic of the Uruguay, adherents to the Convention of the 29th July, 1899, and signatories of the Convention of the 18th October, 1907, concluded at The Hague, for the peaceful settlement of international disputes, Being desirous of entering into negotiations for the conclusion of a Convention of general obligatory arbitration between the two States, in accordance with the principles enunciated by Article 19 of the first and by Article 40 of the second of the aforesaid Conventions, have, for that purpose, named the following Plenipotentiaries, that is to say: * Vol. CII, page 199. + Vol. XCI, page 970. Vol. C, page 298. His Excellency the President of the Republic of the United States of Brazil; Brigadier-General Doctor Lauro Müller, Minister for Foreign Affairs of Brazil; and His Excellency the President of the Oriental Republic of the Uruguay; Señor Doctor Don Baltasar Brum, Minister for Foreign Affairs of Uruguay; Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles :- ART. I. All disputes of whatever nature which may arise between the High Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be submitted to decision by arbitration. II. Questions which have been the object of final settlements between the two High Contracting Parties shall not be reopened in virtue of this Treaty. In such a case, arbitration shall be exclusively limited to questions which may arise concerning the validity, interpretation and execution of such settlements. III. For the settlement of questions which shall have been submitted to arbitration in virtue of this Treaty, the function of arbitrator shall be entrusted to the Head of a State, the President of a superior Court of Justice, or a person of recognised competence in the matter in question. IV. In case of disagreement regarding the nomination of the Arbitrator referred to in the preceding clause, the dispute shall be referred to the Permanent Tribunal of Arbitration of The Hague, established by the Convention of the 29th July, 1899, for the pacific solution of international conflicts, and maintained by the Convention of The Hague of the 18th October, 1907. V. The High Contracting Parties shall in each case sign a special Compromis, determining the name of the Arbitrator, the extent of his powers, the object of the suit, the timelimits, expenses and procedure to be observed and the language in which the final award shall be written. VI. Except in the case of denial of justice, Clause 1 of this Treaty shall not be applicable to questions which may arise between a citizen of one of the High Contracting Parties and the other Contracting State, when the judges and Courts of this latter are by law competent to try the case. VII. The present Treaty shall last for five years and, unless denounced one month before the expiration of this time, it shall be considered as renewed for another period of five years, and so on successively. If denounced within the time indicated, it shall remain in force for one year from the time at which one of the High Contracting Parties has notified its intention in this respect. VIII. This Convention shall be submitted to the Legislative Assemblies of the two countries and shall be ratified by the High Contracting Parties; the Ratifications to be exchanged at Montevideo or at Rio de Janeiro as possible. soon as In witness whereof, we, the Plenipotentiaries aforenamed, have signed and sealed the present Convention. Done in duplicate, in Spanish and Portuguese, in the city of Rio de Janeiro, the 27th December, 1916. (L.S.) LAURO MÜLLER. (L.S.) BALTASAR BRUM. TREATY between Brazil and Uruguay relative to the settlement of the Debt owed by Uruguay to Brazil.-Rio de Janeiro, July 22, 1918.* [Ratifications exchanged at Rio de Janeiro, June 18, 1919.] (Translation.) The President of the United States of Brazil and the President of the Oriental Republic of the Uruguay, animated by the most cordial and sincere desire to strengthen ever more and more the traditional bonds of old and loyal friendship which unite the two countries, have resolved to enter into a Treaty to fix and settle in a definite and friendly manner the debt owed by Uruguay to Brazil, and have named as their Plenipotentiaries, to wit: His Excellency the President of the United States of Brazil: His Excellency Doctor Nilho Pecanha, Minister of State in the Department of Foreign Affairs of Brazil; His Excellency the President of the Oriental Republic of the Uruguay: His Excellency Doctor Baltasar Brum, Minister of State in the Department of Foreign Affairs of Uruguay; Who, having exhibited their full powers, found to be in good and due form, have agreed upon the following articles: ART. I. The total sum owed by the Oriental Republic of the Uruguay to the United States of Brazil is hereby fixed by mutual agreement at 5,000,000 pesos of Uruguayan money, equivalent to 1,063.8291., payable in the manner established by Article XV of this Treaty. In order that the financial help formerly devoted to the struggles shared in common for the cause of liberty be destined now to common Signed in the Portuguese and Spanish languages, |