On The Management Of Conciliation, Arbitration And Judicial Agreements Between States Small

Original Language Title: o řízení smírčím, rozhodčím a soudním mezi státy Malé dohody

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=4926&nr=174~2F1929~20Sb.&ft=txt

174/1929 Sb.



The General Act



on the management of conciliation, arbitration and judicial agreements between Small States.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.



TOMAS G. MASARYK,



THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC,



To ALL,



WHO THIS SHEET WILL BE READ OR HEAR THE OFT,



"GOOD MORNING".



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC,



KINGDOM OF ROMANIA



And



THE KINGDOM OF SERBS, CROATS AND SLOVENES



THIS ACT WAS AGREED:



(Translation.)



The General Act



on the management of conciliation, arbitration and judicial agreements between Small States.



The President of the Czechoslovak Republic, his Majesty the King of Romania, and

His Majesty the King of Serbs, Croats and Slovenes inspired by happy

the friendly ties that connect their Nations and imbued with the spirit of

cordial trust characterized by mutual ties to them;



Sincerely desiring's, the East by peaceful means the settlement of disputes,

that might vzniknouti between their States;



Recognizing that IP rights established by, or resulting from

international law is binding on international courts;



Recognizing that the rights of each State cannot be modified, but with its

the consent;



Considering that the sincere observance of peaceful driving under the auspices of the

The League of Nations resolving disputes docíliti allows international;



High vážíce's recommendations that the Assembly of the League of Nations has made

all States in its screen resolution of 26 April. September 1928 to conclude the Convention

for the purpose of peaceful solutions to international disputes;



They decided to bring to pass their common intention to name a few in the Convention and its

agents:



The President of the Republic:



J. e. Mr. Eduard Beneš, Dra



the Minister of Foreign Affairs of the Republic of Czechoslovakia,



His Majesty the King of Romania:



J. e. Mr Georgeasa Mironescu,



the Minister of Foreign Affairs of the Kingdom of Romania,



His Majesty the King of Serbs, Croats and Slovenes:



J. e. Kumanudiho, Mr. Bone



the doctor's rights, the Minister of Foreign Affairs p. i. Kingdom of Serbs,

Croats and Slovenes,



who složivše his full power, which they found in good and due form,

They agreed on the following provisions.



Title I.



-About the peaceful proceeding altogether.



Article 1.



Disputes of all kinds, which have arisen between the High Contracting Parties, or

between the two of them and that it would not be possible to vyříditi the path of diplomatic,

will be subject to under the terms of this Convention proceedings before the

or arbitration, which will be předcházeti after forced neb

Optional conciliation proceedings.



This provision does not apply to disputes arising out of the circumstances that preceded the

the Convention, and that they belong to the past, as well as disputes concerning the

the questions which under international law are exclusively vyhraženy

the jurisdiction of the States.



Article 2.



(1) disputes, for which a solution would be to set out a specific procedure in advance

in other conventions in force between the High Contracting Parties,

dealt with under the provisions of these conventions.



(2) this Convention does not affect the applicable agreements, if introduced for High

the Contracting Parties to the conciliation and arbitration the neb during court proceedings

impose obligations providing for dispute resolution. Yet, if these

the agreements foresee only conciliation, if this does not lead to the goal, will be

applied to the provisions of this Convention relating to the management of the Court and

the arbitration.



Article 3.



(1) If this is the case your subject under national

the legislation of one of the High Contracting Parties falls within the jurisdiction of the

the judicial instances, that party may opříti to dispute this was

subject to a different procedure prescribed by this Convention.



(2) in the case of a dispute, which falls under the jurisdiction of the administrative offices, the

can be subject to a different procedure prescribed by this Convention until the

reasonable period of time will not be issued a final decision by the competent authority.



The party, which in this case will have a plan to uchýliti to management

laid down by this Convention, it will be obliged to oznámiti in writing of its intention to

The other hand, within a period of one year from the decision mentioned above.



Title II.



-On the management of the Court.



Article 4.



All disputes in which the parties were a right,

It will be submitted to judge what the Standing Court of international justice,

unless the parties agree in the manner set out below, by contacting the

the Court of arbitration.



Is consensus, among the disputes referred to above, in particular those of the fall

which makes the article noteworthy. 36 of the Statute of the Permanent Court of international

Justice.



Article 5.



If the parties agree, disputes that are marked in the preceding

Article has been submitted to arbitration, compromise, in which sepíší

determine the subject-matter of the dispute, the choice of arbitrators and the procedure, according to which has to be

followed. If the compromise postrádati accurate designation of the NEB.

the provisions will be used to the extent necessary the provisions of the Hague Convention of

October 18, 1907 on conciliatory dealing with international disputes. If

a compromise does not have provisions on the rules governing the arbitrators have

říditi, the říditi, the Court rules, calculated in the article. 38. The Statute of the

The Permanent Court of international justice.



Article 6.



If the parties cannot shodnouti a compromise referred to in the preceding

Article, or if they are not determined by the arbitrators and the prior three months

warning, the one or the other Party directly addressed letters rogatory dispute vznésti

the Permanent Court of international justice.



Article 7.



(1) as regards the disputes marked in the article. 4. the parties may, before each

the procedure before the Permanent Court of international justice, the neb prior to each

the arbitration proceedings by mutual agreement, uchýliti first to control

conciliation, as is provided for by this Convention.



(2) in case of a dispute settlement procedure, and when this failed, no of

The parties to the dispute to the standing vznésti Court of international justice the neb to insist

Assembly of the arbitral tribunal pursuant to article. 5. until the time of one

months from the completion of the work of the Conciliation Commission.



Title III.



-conciliation.



Article 8.



Any dispute between the parties, with the exception of those that are shown in the

article. 4. the binding will be subjected to, before they will be able to stand

the subject of the arbitration, conciliation proceedings.



Article 9.



Disputes in the previous article shall be marked with raised on a permanent or

a special conciliation Commission established the High Contracting Parties.



Article 10.



To request one of the other High Contracting Parties will be

established within six months a permanent Conciliation Commission.



Article 11.



The Conciliation Commission will be built, but the parties were otherwise,

as follows:



1. The Commission shall be five members. Each party will appoint one

the Commissioner, who may be chosen from their own nationals.

The other three Commissioners will be chosen by mutual agreement of the members of the

third powers. These must be of different nationality, shall not

have their habitual residence in the territory of the parties concerned, without being in the

their services. One of them marks the High Contracting Parties for

President of the Commission.



2. the Commissioner shall be appointed for a period of three years. Will be able to be

. The Commissioners appointed by common agreement will be able to be

There are nahraženi for the duration of the mandate for the consent of the parties. Each of the

The High Contracting Parties will be able to nahraditi the Commissioner, at any time, which

her name was. Apart from the fact that they were nahraženi, they remain Commissioners

in his office until the termination of their works, which are in the running.



3. If any Vacant place the death of neb the neb to resign for some other

an obstacle, it will be replaced in the shortest time and in the manner

laid down for the appointment.



Article 12.



If at the time when the dispute arose, there was a permanent Conciliation Commission

appointed by the Parties, will be built by a Special Commission for the examination of the dispute,

within three months, counting from the request to one of the parties

The other side. Appointment of members will be made in accordance with the provisions of the

in the previous article, but the Parties decided otherwise, about it.



Article 13.



(1) if the appointment of the Commissioners, who are to be appointed together,

It did not happen within the time limit set in article 3(1). 10. and 12., care will be needed

the appointment of the powers vested in the third chosen by the parties, by mutual agreement,

NEB if these demand it, the Council of the League of Nations.



(2) if there has been no agreement on any of the following ways, each party

Specifies the different power and the appointment becomes in the agreement between the great powers as follows

selected.



(3) If, within three months, these two powers are not

dohodnouti, each of them shall propose candidates, which equals the number of

Members, who are to be appointed. Which of the following candidates contend

will be allowed, the decision of los.



Article 14.



(1) the Conciliation Commission is dovolati applications, which shall report to the President of both

parties acting in common agreement, or, if no such

the agreement, give one side or the other.



(2) the request will be obsahovati out a brief interpretation of the subject matter of the dispute challenge

controlled Commission to take any measures that could lead to the

settlement.



(3) if the application is based on only from one party, that party shall

oznámiti without delay.



Article 15.



(1) within 14 days of the date on which one of the parties raised the dispute to a permanent


a Conciliation Commission may, for the analysis of each of the parties to this dispute nahraditi

its Commissioner, a person who has special competence in the matter, which

it comes.



(2) a party which uses this law, it shall notify without delay to the Side

the second; This will be able to do the same thing in this case, within the time limit

a fortnight from the date of referral to the notification has occurred.



Article 16.



If the parties have not agreed otherwise, the Conciliation Commission shall meet at the place indicated by the

Chairman.



Article 17.



The work of the Conciliation Commission will be public, but on the basis of the Commission's decision,

that happened for the consent of the parties.



Article 18.



(1) if it is not opposite to the agreement of the parties, the Conciliation Commission's adjusted herself way

the procedure, which in any case must be questionable. The investigation will be

The Commission unanimously decides otherwise, the provisions of the říditi

Title III. The Hague Convention of 18. October 1907 on conciliatory handling

international disputes.



(2) the Parties shall be represented before the Conciliation Board representatives which the task

the zprostředkovati between them and the Commission, in addition, the parties may přizvati

counsel and experts appointed for this purpose by them and to insist on a hearing each

the person whose testimony they seemed useful.



(3) the Commission will have the possibility of his party's oral interpretations from vyžádati

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 19.



If it is not opposite to the agreement of the parties, the Conciliation Commission shall be decided by a majority vote of

and will be able to it as a stake only if all

its members are present.



Article 20.



The High Contracting Parties undertake to facilitate the work of the Conciliation Commission

and particularly that it will give in as far as possible all documents and

necessary reports as well as all of the resources applied to them after

hand, to allow on its territory and in its legislation

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

the very.



Article 21.



(1) for the work of the Conciliation Commission, each of the Commissioners shall receive a refund the

the amount will be determined by mutual agreement of the parties, each of which shall be borne by

the same amount.



(2) the general expenses caused by the activities of the Commission will be divided in the same

way.



Article 22.



(1) the task of the Conciliation Commission will be to clarify the issues, took a

to this end, all the necessary reports, investigation or otherwise, to

sought a reconciliation of the parties. The Commission prozkoumavši thing, can navrhnouti

Text of the agreement to the parties, which she seemed appropriate, and should

the deadline to submit their comments.



(2) at the end of its work, the Commission shall, as appropriate, identifying the writer

either that the parties have agreed and, where necessary, the conditions of the agreement, or that the

The parties could not be reconciled. This notation does not obsahovati the mention of

whether the Commission's decision was unanimous or majority vote.



(3) the work of the Commission, unless the parties agree otherwise, shall be initiated

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



Article 23.



Write the Commission will promptly brought to the attention of the parties. Parties decide to

on its publication.



Title IV.



-Management arbitration.



Article 24.



If within one month after the end of the work of the Conciliation Commission appointed in

the previous articles, the parties have agreed otherwise, the question will be raised with the

the Arbitration Court assembled, if this is not contrary to the agreement of the parties, in a manner

identified below.



However, if both parties agree on it, the question is if the character

the policy, to be presented to the League of Nations, which shall decide

According to the article. 15. The Pact.



Article 25.



The arbitral tribunal shall consist of five members. The parties will appoint after

one, who will be able to be selected from its own members to them.

The other two arbitrators and the Chief arbitrator shall be chosen by common agreement

from the nationals of third powers. These latter must be different

nationality, shall not have their permanent residence in the territory of the

stakeholders may be without their services.



In article 26.



(1) in the absence of the appointment of the members of the arbitral tribunal within three months from

the date on which it was sent to the other side of one of the parties to the arbitration request

the Court was established, appropriate care will be entrusted to a third appointment

powers, chosen by mutual agreement of the parties.



(2) if the parties fail to agree about it, mark the different power and

the appointment of powers agreement becomes as follows the selected:



(3) if the powers that be have not agreed within three months, will be

necessary appointment of President of the Standing Court of international

Justice. If this busy neb if a national of one of the

The parties, the appointment will be made Vice President. If this

busy or if a national of one of the parties, the appointment of

the oldest Member of the Court of Justice carried out, which is not a national of any of the

Party.



In article 27.



In the shortest time, measures shall be taken to once again was occupied by space

uprázdněná death, the neb to resign for another obstacle, and that way,

laid down for the appointment.



Article 28.



By sepíší compromise, defining the subject matter of the dispute and the proceedings, according to which

It has to be followed.



Article 29.



If the compromise postrádati accurate designation of the neb, the provisions

relating to the points referred to in the preceding article, it will be used

to the extent necessary the provisions of the Hague Convention of 18. October 1907 concerning the settlement of the

dealing with international disputes.



Article 30.



If not to the conclusion of the compromise, within three months from the provisions

of the Court, invokes him one or the other party addressed letters rogatory.



Article 31.



If he does not compromise on how the provisions or, where there is not a compromise, it's

Court rules referred to in article 14(2). 38. Of the Statute of the Permanent Court of international

Justice. If you do not like the rules, that could be use on

the dispute, the Tribunal shall judge ex aequo et bono.



Title V.



-Disputes between the three parties.



Article 32.



In the event that a dispute among all the High Contracting Parties,

you will need to dodržovati when using the procedure described in the preceding

the provisions of this policy:



To control the justice will always be a Special Commission established. Its composition

It will be různiti, depending on whether all parties will have different interests,

or whether the two of them go together.



In the first case, each party will appoint one Commissioner and together

the Commissioner shall determine who are nationals of third powers, of which the number of

It will be one greater than the number of Commissioners appointed by each party to the

in particular.



In the second case, the Parties shall agree, together with the sequence on the common

the appointment of its own Commissioner and in accordance with the other side about

the identification of other Commissioners.



In one of the second Party shall apply, provided if you disagree

something different, article 12. and following this Convention to the extent compatible with the

the provisions of this article.



As regards the management of the Court, the Statute of the Permanent Court will be used

international justice.



As regards the management of the arbitration, the parties could not agree on the composition of the Court and

in the case of disputes that are marked in the article. 4., each of them will be able to vznésti

directly addressed letters rogatory dispute at the Permanent Court of international justice; in the case of

disputes marked in the article. 8. the article will be used. 25. and following, but

each of the parties having special interests will appoint an arbitrator and

the number of arbitrators appointed by the parties separately, will always be the one

smaller than other arbitrators.



Title VI.



-General provisions.



Article 33.



(1) in all cases in which the dispute is subject to arbitration

NEB of the Court, especially when the question at issue between the parties, has its

the origin of the deeds that have already become, or have the right to be carried out, the Standing

Court of international justice, ordered according to the article. 41. your status,

NEB Arbitration Tribunal shall determine as soon as possible interim measures,

that have to be made. Parties are obliged to take them přizpůsobiti.



(2) if the dispute was responsible for the Conciliation Commission may doporučiti

The parties to the interim measures, which will call for appropriate.



(3) the parties undertake to refrain from any measures that could have

a detrimental effect on the implementation of the Court of arbitration the neb the neb decision on

the settlement proposed by the Conciliation Board, and will not allow any act,

of any kind, which could be a dispute zostřiti neb rozšířiti.



Article 34.



If the Court's verdict would be arbitration the neb declared that some

the decision or order made by a court or any other authority of the one

of the parties existing in the dispute is inconsistent with either the neb

international law, constitutional law, and if the party concerned did not

neb at all did not completely odstraniti the consequences of this decision, the neb

This measures the parties agree that the Court will have to be

the referee's verdict damaged side want a decent achievement.



Article 35.



(1) this Convention is to use between the High Contracting Parties, even if the

a third power has an interest in the dispute.



(2) in conciliation proceedings, the parties may by common agreement a third pozvati

power.



(3) in any proceedings by the neb arbitration, a third power, if it considers,

in a dispute that is, if she is concerned, without prejudice to her interest in nature


request to administer a legal, Permanent Court of international justice or the

the Court of arbitration, to how.



Of Justice or the Court shall decide.



(4) in the case of interpretation of the Convention that are parties to other States than the pension

in a dispute, it will notify the Office of the Permanent International Court of Justice is justice

the Court of arbitration the NEB immediately on it.



Each of them will have the right to "how and where use of this option,

the interpretation contained in the judgment of whether or not binding for it.



Article 36.



Disputes relating to the interpretation of the neb application of this Convention including those relating to the

qualification of disputes will be submitted to the standing International Court of Justice

Justice.



Article 37.



This Convention, in the consent with the Pact of the League of Nations, it will not

interpreted as if it was limited to its mission, do the measures at any time

appropriate to the effective conservation of world peace.



Article 38.



(1) this Convention shall be ratified and the instruments of ratification will become the replacement in

Bucharest. It will be written in the Secretariat of the League of Nations.



(2) this Convention is concluded for a period of five years from the date of the exchange of

the ratification.



(3) if not terminated by at least six months before the expiry of this

time limits will remain in force for a new period of five years, and so on.



(4) Notwithstanding the testimony made by one of the Contracting Parties, in the proceedings

has already begun at the time of expiry of the Convention continued until

normal termination.



Which caused the above appointed plnomocníci have signed this Convention.



Done at Belgrade, on 21 February 2006. of may, one thousand nine hundred twenty-nine and three

identical copy.



L. s. Dr. EDVARD BENEŠ in r.



L. s. g. g. MIRONESCU v. r.



L. s. Dr. k. KUMANUDI in r.



SHLÉDNUVŠE AND PROZKOUMAVŠE THIS ACT, DECLARE IT AS APPROVED,

ACCEPTED, CONFIRMED AND STABILIZED AND THE POWER OF THIS SHEET SIGNED BY OUR

THE HANDS OF THEIR OWN TO ANY ENDORSEMENT, WE ACCEPT, WE CONFIRM AND UTVRZUJEME,

IN A WORD, PROMISING ON BEHALF OF THE CZECHOSLOVAK REPUBLIC, THAT IT FIRMLY AND

SHOULD BE KEPT SACRED, AND WE WON'T LET ANYTHING HAPPEN TO THE BRANCH WAS AGAINST HIM FROM THE

ANY CAUSE AND ANY IMAGINARY WAY.



THE CONSCIENCE WE PREACH THIS VYHOTOVITITI SHEET AND SEAL

THE CZECHOSLOVAK REPUBLIC PŘITISKNOUTI.



Which is GIVEN in the RADAVA 23 December 2003. AUGUST, SUMMER, ONE THOUSAND DEVÍTISTÉHO

THE TWENTY-NINTH.



The President of the Republic:



T. g. MASARYK in r.



Minister of Foreign Affairs:



Dr. EDVARD BENEŠ in r.



Is that the instruments of ratification were exchanged on 16.

November 1929, and that the General Act acquired pursuant to article. 38 scope of day

the exchange of ratifications.



Dr. Edvard Beneš in r.