The Danish Rigsdag gave its required sanction to the instrument
yesterday, no opposition manifesting itself; and the ratifications will
shortly be exchanged at St. Petersburg.
[Inclosure.—Translation.]
convention.
His Majesty the King of Denmark and His Majesty the Emperor of all
the Russias, signatories of the convention for the pacific
settlement of international disputes, concluded at The Hague on the
29th of July, 1899, desiring, pursuant to the principles set forth
in articles 15–19 of the said convention, to enter into negotiations
for the conclusion of a compulsory arbitration convention, have
named as their plenipotentiaries: His Majesty the King of Denmark;
Mr. Paul Ludvig Ernst de Lovenorn, His Majesty’s chamberlain and
envoy extraordinary and minister plenipotentiary to the Imperial
Russian Court; and His Majesty the Emperor of all the Russias; His
Excellency Count Lamsdorf, His Majesty’s secretary of state, actual
privy counselor and minister for foreign affairs, who after having
delivered to each other their full powers, which were found to be in
good and proper form, have agreed upon the following articles:
Article 1.
The high contracting parties bind themselves to submit to the
permanent court of arbitration established at The Hague by the
convention of the 29th July, 1899, those differences that may arise
between them in so far as they do not concern the independence of
the countries concerned or their vital interests or the exercise of
their sovereignty and in so far as it has not been possible to reach
an amicable settlement through direct diplomatic negotiations.
Article 2.
Each party determines the question to what extent the controversy
arisen concerns its independence, its vital interests, or the
exercise of its sovereignty which, in consequence of its character,
belongs to those which, in consequence of the foregoing articles,
are excepted from the obligation of arbitration.
Article 3.
The high contracting parties bind themselves not to maintain
exceptions with reference to the foregoing article in the following
cases:
- 1.
- Cases of differences relating to the interpretation or
application of any agreement which is concluded or shall be
concluded between the high contracting parties, and which
concern:
- a.
- Subjects of international private right;
- b.
- The regulation of those associations of commerce and
industry which are lawfully organized in one of the
countries;
- c.
- Questions of the civil or the criminal procedure and
relative to extradition.
- 2.
- In cases of differences concerning pecuniary claims when the
obligation to pay an indemnity, or any other payment, is
acknowledged in principle by the parties.
Article 4.
The present convention is applicable, although the questions in
dispute that may arise may have their origin in facts that antedate
its conclusion.
Article 5.
It is understood that the foregoing articles are not applicable to
such differences between subjects of the two contracting states or
between a subject of one of these states and the other state, which
the courts of the respective states, in accordance with their laws,
may be competent to adjudicate.
Article 6.
When there is occasion for an arbitration between them, the high
contracting parties will, in case there be no compromising
exceptions to the contrary, as regards the designation of
arbitrators and the procedure of arbitration, conduct themselves
according to those stipulations which are established at The Hague
by the convention of the 29th July, 1899, relative to the pacific
settlement of international disputes with the exception of what
concerns the points set forth hereafter.
Article 7.
None of the arbitrators can be subjects of those states which are
signatories to the present convention or have a residence in their
territory. They may not have any interests in those questions which
may be the subject of arbitration.
Article 8.
If occasion, therefore, should arise, the decision of arbitration
shall contain a statement of the periods of time within which it
shall be carried out.
Article 9.
The compromise provided for in article 31 of the convention of July
29 shall fix a period within which the exchange of the memoranda and
documents which bear on the object of the dispute shall take place.
This exchange shall in every case be concluded before the beginning
of the meetings of the arbitral tribunal.
These stipulations in no way affect what is determined by The Hague
convention with reference to the phase of the arbitration procedure
(article 39), particularly the stipulations in articles 43–49.
Article 10.
The present convention shall continue in force for ten years from the
date of the exchange of ratifications. In case neither of the high
contracting parties shall, within this period, have declared its
intention to terminate its operation, the convention shall continue
in force until the expiration of one year from the day when one or
the other of the high contracting parties shall have denounced
it.
Article 11.
The present convention shall be ratified at the earliest possible
date, and the ratifications shall be exchanged at St. Petersburg at
the latest, the 14/1 April, 1905.
In witness whereof the plenipotentiaries have subscribed the present
convention and affixed their seals thereto.
Done as St.
Petersburg, the 1st day of March, the 16th day of
February, 1905.
- P. Lovenorn.
- Count Lamsdorff.
