On The Management Of Judicial And Arbitral Settlement, With Latvia

Original Language Title: o řízení smírčím, soudním a rozhodčím s Lotyšskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=6150&nr=12~2F1935~20Sb.&ft=txt

12/1935 Sb.



Convention



on the management of judicial and arbitral settlement, between Czechoslovakia and Latvia.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic and the Republic of Latvia



This Convention was agreed:



(Translation.)



Convention



on the management of judicial and arbitral settlement, between Czechoslovakia and Latvia.



The President of the Czechoslovak Republic, with one party and



President of the Republic of Latvia with the other party



inspired by a happy friendly ties that bind their peoples,



Desiring to the East in the future in accordance with the principles of the Pact utvrzenými

about the League of Nations the peaceful settling of all disagreements, whether any

nature, which would have provided between Czechoslovakia and Latvia,



they decided to uzavříti the Convention for this purpose and name its designee:



The President of the Republic:



Mr. Edvard Beneš, Minister of Foreign Affairs;



President of the Republic of Latvia:



Mr. Voldemarse Salnaise, Minister of Foreign Affairs;



who, vyměnivše your power of Attorney, which they put in good and due

the form, they agreed on the following articles:



Article 1



The High Contracting Parties undertake to each other in all cases

shall discharge the peaceful way and methods specified by the Convention, all

differences, whether they are of any nature would be the date on which this Convention

will enter into force, probably occurred between Czechoslovakia and Latvia and

that would not be possible to řešiti the usual diplomatic resources.



Article 2



All disagreements between the High Contracting Parties, whether any

nature, which could not be amicably settled by the usual means

diplomatic will be forwarded to either arbitration or arbitration

The Permanent Court of international accuracy, as it establishes the bottom.



Disagreements, for which the other conventions in force between the high

the parties governs the special proceedings, will be accepted by

the provisions of these conventions.



Article 3



Before any arbitration proceedings or any proceedings before the

The Permanent Court of international justice, the mismatch will be submitted to the

reconciliation of the Permanent International Commission, called a permanent Conciliation Commission, which

shall set up under this Convention.



Article 4



In the case of non-conformity, whose subject under the law of one of the parties

belongs to the competence of domestic courts, will not be subjected to control mismatch

specified in this Convention, the competent court shall not issue until home within a reasonable

a period of vešlý in the power of judgment of the law.



Article 5



A permanent Conciliation Commission, which is the language in article 3, it will be to put confidence in five

the members, who shall be determined as follows: each of the High Contracting Parties,

appoint one Commissioner of its nationals, both then shared

the agreement marks the three other Commissioners of the nationals of third powers;

These three Commissioners must be of different nationality and High

the Contracting Parties shall elect a President of the Commission.



Commissioners are appointed for three years; their mandate is renewable.

Remain in Office until they are replaced, and each way to end your

work has already started at a time when their mandate expired.



Places that would be the death of the uprázdnila, to resign or from any other

the reasons will be filled in the shortest period of time according to the rules prescribed

for appointment.



Article 6



The Conciliation Commission will be set up within six months from the date on which one of the

The High Contracting Parties of the other requests.



If the appointment of the Commissioners, who are to be identified together,

not take place in this period, or, in the case of the replacement, within three months of

abeyance space and unless otherwise agreed, will be the Chairman of the Standing

the International Court of Justice or, if it is a national one

of the High Contracting Parties, the Deputy of the President or the oldest Member of the

The Court, which is not a national of any of the High Contracting Parties,

asked to make the necessary appointment.



Article 7



A permanent Conciliation Commission can be dovolati applications, which shall report to the President

both sides in the joint agreement, or, if there is no such agreement, he shall

one side or the other.



The request will be obsahovati outside of a brief interpretation of the subject matter of the dispute challenge

the Commission to take all measures capable of přivoditi settlement.



Based on a request from one party, that party must without oznámiti

delay the other side.



Article 8



Within fourteen days from the date on which the Permanent Conciliation Commission was a mismatch

raised by each of the parties may, for the analysis of the differences of their nahraditi

Commissioner, a person who has special competence in the matter, which it is.



The party would use this law, it shall notify without delay the side

the second; This may in this case to do the same thing within fourteen days from the

the date of the notification has occurred.



Article 9



The task of the Permanent Conciliation Commission will be to clarify the issues, to

to this end, picked up by examination or otherwise all the necessary explanations and

to make efforts to the reconciliation of the parties. The Commission prozkoumavši the case may navrhnouti

Parties that she seemed appropriate, and should specify the period

to comment on.



At the end of their work takes a Commission investigating the registration based on the result, either

the parties agree and, if necessary, what is the content of the agreement, or that the

the parties could not be reconciled.



The work of the Commission, unless the parties agree otherwise, must be initiated to

six months from the date on which the dispute was brought to the Commission.



Article 10



Unless special provisions will reverse a permanent justice of the

the Commission, in its proceedings, which every way must be questionable. When

investigation, the Commission will, if unanimously decides otherwise, říditi is

the provisions of title II (International Commission of inquiry) of the Hague Convention

of the 18. October 1907 about peaceful dealing with international disputes.



Article 11



A permanent Conciliation Commission shall meet, unless a different agreement between the parties, the

place to be determined by its President.



Article 12



The work of a permanent Conciliation Commission are public only when the Commission

in the consent of the parties, shall decide.



Article 13



The parties will have a Permanent Conciliation Commission at its representative, who will

serve as intermediaries between them and the Commission; In addition, the parties may

přizvati Advisor and experts appointed for this purpose by them and to insist on a

the hearing of any person whose testimony they seem useful.



For its part, the Commission will have the possibility of vyžádati's oral explanations from the

representatives, advisers and experts of both parties as well as from any person whose

the summons with the consent of its Government would be considered useful.



Article 14



If it is not the opposite of the provisions in this agreement, decisions of the Permanent justices of the peace

the Commission, by majority vote.



Article 15



The High Contracting Parties undertake to facilitate its Permanent Conciliation Commission

work and especially give her as much as possible all the necessary

documents and explanations, as well as using all the resources that are

Jim handy, to keep her on its territory and under its laws allow

předvolávati and hear witnesses or experts, and set out to do investigations on the spot

the very.



Article 16



For the work of the Permanent Conciliation Commission, each of the Commissioners shall receive compensation,

the High Contracting Parties shall determine by mutual agreement, and from which each

will pay the same amount. Costs incurred by the activities of the Commission will be

also divided into half.



Article 17



In the absence of a permanent Conciliation Commission, to the prior settlement, the disagreements, in which

would the parties were right, by mutual agreement, be submitted to the

a compromise either the Permanent Court of international justice, under the conditions

and according to the procedure governed by its statute or Court of arbitration according to

the conditions and control of designated the Hague Convention of 18. October 1907 for the

peaceful dealing with international disputes.



If there is no agreement between the parties, it will be one or the other party, when

one month before it was pointed out, have the freedom to vznésti

non-conformity of applications directly on the Permanent Court of international justice.



General provisions.



Article 18



In all cases, and especially if it is a question of which parties are in

feud, a consequence of the acts that have already become, or have the right to be

carried out, a permanent Conciliation Commission or, if this is it

addressed, the arbitration tribunal or the Permanent Court of international justice

in accordance with article 41 of its Statute, to determine if it is necessary, within the shortest possible

time limit provisional measures have to be taken. Each of the high

the Contracting Parties shall undertake to submit to them, and they shall refrain from any

the measures, which could have a negative impact on the enforcement of a decision or

to compensate for the proposed Permanent Conciliation Commission, and in General, that does not take

nothing, whether it was anything that could zostřiti or rozšířiti

non-conformity.



Article 19



This Convention applies between the High Contracting Parties, even if they are to

other powers also are interested in the dispute.



Article 20



This Convention shall be communicated to the registration of the League of Nations under article 18

the Pact.



Article 21



This Convention shall be ratified. Its ratification are exchanged in Prague.



The scope of the exchange of ratifications and shall become is concluded for a period of five years from the

the date on which acquired competence. If it is not denounced six months before the

the expiry of this period, it will be considered renewed for an additional period of five

years and continue to be so.



If, at the moment when the Convention expires, any control on its

It was a constant in the stream before the Conciliation Board, the arbitral tribunal


or before the Permanent Court of international justice, should be continued in the

it to the end.



On conscience from the top appointed agents have signed this Convention, and

join her seal.



Done at Geneva, in duplicate, on 11 July. October 1933.



L. S.



Dr. Edvard Beneš in r.



L. S.



W. Salnais in r.



Prozkoumavše this Convention any endorsement of it, and we confirm it.



What accounts for this sheet, we have signed and the seal of the Republic

The Czechoslovak přitisknouti dali.



Prague Castle on 15 December. one thousand years of the 30th September devítistého

the fourth.



The President of the Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is announced, with the ratification were exchanged in Prague on 21.

in December 1934, which on the date of the Convention in accordance with article 21 of the international acquired

the scope of the.



Dr. Edvard Beneš in r.