Minister Swenson to the Secretary of State.

No. 362.]

Sir: I transmit herewith for your information a copy of an arbitration treaty concluded at St. Petersburg between Denmark and Russia under date of the 1st instant.

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.

I have, etc.,

Laurits S. Swenson.


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:

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:
Subjects of international private right;
The regulation of those associations of commerce and industry which are lawfully organized in one of the countries;
Questions of the civil or the criminal procedure and relative to extradition.
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.

  • P. Lovenorn.
  • Count Lamsdorff.