Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

Doc. No. 36 bis (G).

Proposed Additional Article To Be Called Article 76 bis

undated

Art. 76 bis

1. Whenever the execution of the clauses of the present Treaty requires it, each of the Allied or Associated Powers, or Italy, can request the convening of a Mixed Court of Arbitration. Such Courts shall be composed of three members. Within two months after the request for Arbitration, each Government concerned will appoint one representative. The President of the Court shall be selected by mutual agreement of the two Governments concerned from nationals of third countries. Failing this agreement, either government may request the President of the International Court of Justice to make the appointment of the third member of the Mixed Court of Arbitration.

In the event of the death or resignation of any member of the Court, or if any member is prevented for whatsoever reason from fulfilling his functions, the same procedure followed for his appointment shall be followed to replace him.

The decision of the majority shall be considered the Court’s decision.

2. The Mixed Courts of Arbitration appointed in compliance with para. 1 of this Article are empowered with the competence attributed to them by the provisions of Articles 69 and 72, and of Annexes 6 and 7, of the present Treaty.

3. Each Mixed Court of Arbitration shall determine its own procedure adopting rules conforming to justice and equity. It shall have authority to determine expenses to be paid by the losing party.

4. Each Government shall pay the salaries and emoluments due to those members of the Court it has appointed, as well as to any other agent it may designate to represent it at the Court. The emoluments of the President of the Court shall be determined by mutual agreement of the Governments concerned and, together with other common expenses of the Court, shall be shared equally by the two Governments concerned.

5. The Contracting Parties of the present Treaty undertake to provide that their own Law Courts and Authorities extend to the Mixed Courts of Arbitration all possible assistance especially with regard to the forwarding of notifications and the collecting of proof.

6. The Contracting Parties of the present Treaty pledge themselves to consider the decisions of the Mixed Courts of Arbitration as binding and final and to enforce them in regard to their own nationals.

7. The seat of the Mixed Court of Arbitration shall be selected by mutual agreement of the two Governments concerned. Failing agreement, the seat shall be selected by the President of the Mixed Court of Arbitration.