Minister O’Brien to the Secretary of State.

No. 101.]

Sir: In dispatch No. 59a from this legation, dated December 19 last, reference was made to arbitration treaties between Denmark and Italy.

Just before the adjournment of the Rigsdag this treaty was ratified, and I venture to inclose herewith a translation.

The noticeable feature of the convention is found in article 1, by which all differences which they are themselves not able to adjust shall be submitted to the permanent court of arbitration at The Hague.

I have, etc.,

J. T. O’Brien.

convention between denmark and italy.

[Translation.]

His Majesty the King of Denmark and His Majesty the King of Italy, being inspired by the principles underlying the convention for the pacific regulation [Page 529]of international disputes, concluded at The Hague on the 29th of July, 1899, and being especially desirous of consecrating the principle of obligatory arbitration in their reciprocal relations by a general arrangement of the nature specified by article 19 of the said convention, have decided to conclude a convention to that effect, and have named as their plenipotentiaries, to wit:

  • His Majesty the King of Denmark: Count Charles Moltke, Knight of the Order of the Dannebrog, his Chargé d’affaires near the Royal Italian Government,
  • His Majesty the King of Italy: H. E. M. Tommaso Tittoni, etc., his minister secretary of state for foreign affairs;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows:

Article 1.

The high contracting parties agree to submit to the permanent court of arbitration, established at The Hague by the convention of July 29, 1899, all differences of whatsoever nature which may arise between them and which could not have been settled by diplomatic channels, and even in the case those differences have their origin on deeds previous to the conclusion of the present convention.

Article 2.

In each individual case the high contracting parties, before appealing to the permanent court of arbitration, shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods fixed for the formation of the arbitral tribunal and the several stages of procedure.

In the absence of special arrangement, the arbitrators will decide on the base of the pretentions formulated by the two parties.

In the absence of contrary agreement, the arbitration procedure will be regulated by the dispositions established by the convention signed at The Hague on July 29, 1899, for the pacific regulation of international disputes, with the addition of the supplementary rules indicated in the following article.

Article 3.

No arbitrator may be a subject of the states signatories of this convention, nor have a domicile in their territories, nor be interested in the questions which shall be the object of the arbitration.

The agreement foreseen by the previous article will fix a period before the expiration of which the exchange between the two parties of statements and documents having reference to the object of the litigation must have taken place.

The decision of the arbitration will contain the indication of the period within which it must be executed.

Article 4.

It is understood that unless the controversy refers to the application of a convention between the two states or in case of a denial of justice, article 1 will not be applicable to differences which might arise between a subject of one of the parties and the other signatory state in the case when the courts of justice would have, after the laws of that state, the competence to decide the litigation.

Article 5.

If one of the high contracting parties should denounce the present convention, this denunciation could only take effect one year after the notification, made in writing to the other contracting party.

Article 6.

The present convention will be ratified with the least possible delay and the ratifications will be exchanged at Rome.

In the hope of which, the plenipotentiaries have signed the present convention and have affixed thereto their seals.


C. Moltke
. [l. s.]
Tittoni
. [l. s.]