Of Arbitration, Conciliation And Court With Luxembourg

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

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=5088&nr=142~2F1930~20Sb.&ft=txt

142/1930 Sb.



Convention



on the management of conciliation, arbitration and judicial between Republic and the Czechoslovak

Grand Duchy of Luxembourg.



The name of the Czechoslovak Republic.



The name of the Czechoslovak Republic



and



the Grand Duchy of Luxembourg



This Convention was agreed upon:



(Translation.)



Convention



on the management of conciliation, arbitration and judicial between Republic and the Czechoslovak

Grand Duchy of Luxembourg.



The President of the Czechoslovak Republic on one side and her Royal

Highness the Grand Duchess of Luxembourg from the other party,



encouraged by the happy friendly relations between their States,



sincerely desiring's end by peaceful means the settlement of disputes, which

should perhaps do between their States,



Noting that šetřiti-based rights treaties or arising from

international law is binding on international courts



Recognizing that the rights of any State cannot be modified, but with his

the agreement,



considering that the sincere observance of peaceful control under the auspices of

The League of Nations allows you to rozřešiti all international disputes,



high vážíce's recommendation that the Assembly of the League of Nations has made

all States in its resoluci of 26 December. September 1928, to conclude the Convention

for the purpose of peaceful solutions to international disputes;



they decided to vtěliti in their common intention to Convention and name their

agents:



The President of the Czechoslovak Republic:



His Excellency Mr. Dra Edvard Beneš,



Minister of Foreign Affairs,



Her Royal Highness the Grand Duchess of Luxembourg:



His Excellency Mr. Josef Becha,



its Minister, Prime Minister,



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

They agreed on the following provisions:



Title I.



About the peaceful settling of disputes at all.



Article 1.



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

that would not be a diplomatic way, vyříditi will be subject to a

the conditions imposed by this Convention proceedings before the Court or arbitration, which

It will be předcházeti, by the nature of things a compulsory or optional basis, management

Justice of the peace.



Article. 2.



1. disputes, for which a solution is the other valid treaties between the parties

prescribed a specific procedure, will be discussed according to the provisions of these

conventions.



2. this Convention does not affect the existing agreements, which the High Contracting

between the Parties establishing conciliation or arbitration in the scope and

of the management commitments as to the settlement of the dispute. If the entire

However, in those agreements only to control the justice shall, after the negative

the result of the provisions of this Convention that relate to the management of

the Court or arbitration.



Article 3.



1. In the case of a dispute, the subject of which, according to the internal legal order of one of the

the parties belong to the jurisdiction of the courts or administrative authorities, this page will be

to be able to make for the dispute was subjected to any proceedings under this

The Convention, until called to the Court (the Office) has not made within a reasonable time

the final decision.



2. a party, which in this case will have the intention to uchýliti to

procedure laid down in this Convention, shall, in writing, their intention to oznámiti

the other side, within one year from the decision above.



The Head Of The II.



On the management of the Court.



Article 4.



All disputes in which the parties were right, they will be

presented to judge what is the standing of Justice International Justice, but

should the parties agree, in the manner indicated below, by contacting the arbitration

the Court.



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

which makes mention of article 36. The Statute of the Permanent Court of international

Justice.



Article 5.



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

the article was submitted to an arbitration tribunal, sepíší compromise, in which the

Specifies the subject of the dispute, the selection of the arbitrators and the procedure, according to which it is

postupovati. If they are not in compromise data or rather postačitelné

accurate, shall be used, if appropriate, the provisions of the Hague Convention of 18.

October 1907 concerning the settlement of the handling of international disputes. It does not identify the

the compromise, which the substantive law to be applied by the arbitrators, říditi

the Court of arbitration rules referred to in article 38. The Statute of the Permanent Court of

international justice.



6.



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

Article, or if the provisions of the Arbitration Board, the one or the other

the party three months after the previous warning vznésti requests the dispute directly

the Permanent Court of international justice.



Article 7.



1. As regards the disputes referred to in article 4, the parties may, before any

at the Standing Court of international justice or before any

the management of the arbitration by common agreement as soon as possible to the management of the uchýliti

conciliation, as is provided for by this Convention.



2. If the conciliation procedure and not to have failed, none of the parties

vznésti dispute to the Permanent Court of international justice or to order

the Arbitration Court shall be established in accordance with article 5, until one month from

termination of the work of the Conciliation Commission.



Title III.



On the management of Justice.



Article 8.



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

Article 4, will, before he will be able to projednávati the proceedings

the arbitration, subject to mandatory conciliation proceedings.



Article 9.



The disputes marked in the preceding article shall be raised on a permanent or

the special conciliation Commission shall draw up, by the parties.



Article 10.



The request sent by one party to the other party shall be in

six months of Permanent Conciliation Commission.



Article 11.



The Conciliation Commission shall, unless the parties have otherwise have appointed, as follows:



1. The Commission shall be five. Each Party designates one Commissioner,

that can be chosen from their own nationals. The other three

the Commissioner shall be determined jointly by the agreement of the nationals of third powers. These

must be of different nationality, shall not have their habitual

residence in the territory of the parties, or be in their services. Of them one

marks the party for the President of the Commission.



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

elected. Agreement between the parties will be jointly designated by the Commissioner may be nahraditi

other, and until their mandate not expired. Each of the parties will, at any time

free nahraditi, appointed Commissioner. Even though they were

nahraženi other, will remain in Office until the Commissioner does not terminate its work

already initiated.



3. If some of the Vacant place of the death, resignation or for any

Another obstacle, occupy again in the shortest possible time, and that the procedure

specified for the appointment.



Article 12.



If at the time when the dispute here is not a permanent Conciliation Commission appointed

the Parties shall produce to the examination of the dispute, a Special Commission, within the time limit

three months from the request, sent by one party to another. The appointment of the members of the

shall be in accordance with the preceding article, but should the parties decide about it

otherwise.



Article 13.



1. If the appointment of the Commissioners, who have to be identified, together with the

happened within the time limit prescribed in article 10. and the 12th, entrust the care of

the necessary appointment of third powers, which will be selected by the parties by common

by agreement, or, if that is the desire of the parties, the incumbent President of the Council

The League of Nations.



2. If there is no agreement on any of the following ways, each Party shall designate a

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

selected.



3. If these two powers will not be able to dohodnouti within the time limit

the three-month, will propose to each of them, so many candidates to appoint

the members of the. Who of the candidates thus nominated, exam, decides

Los.



Article 14.



1. The Conciliation Commission may, dovolati requests, by both the President of the

the parties, by agreement, or, if there is no such agreement, he shall submit one or

the second party.



2. the application will be obsahovati in addition to a brief summary of the dispute challenge

submitted to the Commission, to take all measures that could lead to

settlement.



3. If the request Comes only from one party, that party must without

delay oznámiti the other.



Article 15.



1. Within 14 days of the date when one of the parties raised a dispute on a permanent

the Conciliation Commission, each of them to explore this dispute nahraditi

its Commissioner, a person, especially a competent in the matter, which it is.



2. a party that uses this law, it shall notify without delay to the side

the second; This will then be able to do the same thing, and within a fortnight

the date on which the notification was for her.



Article 16.



1. If the parties have not agreed otherwise, the Conciliation Commission shall meet at the headquarters of

The League of Nations, or in any other place, which marks its

the President of the.



2. The Commission may, at any time, the company's Secretary General požádati

Nations to support it in its work.



Article 17.



The work of the Conciliation Commission will be public, but agreed to it, the Commission shall

consent of the parties.



Article 18.



1. If it is not the opposite of the agreement of the parties, the Conciliation Commission's adjusted itself to the proceedings,

that must always be disputed. During the investigation, the Commission will, if unanimously

decides otherwise, the provisions of title III, říditi. The Hague Convention of

October 18, 1907 on the amicable handling of international disputes.



2. the parties are to send representatives to a Conciliation Commission, which will be
zprostředkovati between them and the Commission; Moreover, can the parties přizvati

consultant and expert, which for this purpose shall designate, and to a hearing

any person whose testimony they seemed useful.



3. The Commission will have its parties 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 19.



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

and will be able to as the essence of the dispute only if all

its members are present.



Article 20.



The parties undertake to facilitate the work of the Conciliation Commission and, in particular, that her

the greatest extent possible, provide all the necessary documents and explanations

as well as using all the resources that they are on hand to her

allow on its territory and under its legislation and předvolávati

vyslýchati witnesses and experts, and set out to do a local investigation.



Article 21.



1. For the work of the Conciliation Commission, each of the Commissioners shall receive a refund; her

the above will be established by mutual agreement of the parties, each of which will pay

the same amount.



2. General expenditure, which emerge from the activities of the Commission, the same

in a way.



Article 22.



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

the purpose of the investigation or otherwise all the necessary explanations and to

smířiti parties sought. The Commission prozkoumavši the thing, can navrhnouti

the parties to the contents of the settlement, which she seemed appropriate, and

should the time limit to submit their comments.



2. At the end of its work, the Commission will acquire the registration check by things, either

that the parties have agreed and, if necessary, of the conditions, or that the

the parties could not be reconciled. This registration will not obsahovati the mention of

whether the decision of the Commission became a unanimous or majority vote.



3. the work of the Commission, unless the parties otherwise agree, must be finalized

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



Article 23.



Write the Commission will, without delay, be notified to the parties. The parties will decide to

with the uveřejniti.



Title IV.



About arbitration.



Article 24.



If a month after the end of the work of the Conciliation Commission, referred to in

the previous article, the Parties shall have agreed, the question will be raised on the

the Court of arbitration, which shall be drawn up, if the derogation is not agreement of the parties,

in the manner identified below.



Article 25.



The Court of arbitration will be skládati from the five members. The Parties shall designate one,

who will be able to be selected from their own members. The other two

judge and Chief Judge shall be determined jointly by the agreement of the members of the

third powers. These then must be appointed by the various State

jurisdiction, shall not have their habitual residence in the territory of the parties, or

must not be in their services.



Article 26.



1. In the absence of the appointment of the members of the arbitral tribunal within three months from the date of

When one party has sent a second request to the Court of arbitration was established,

entrusted with the care of the necessary appointment of a third power, chosen jointly by the

agreement of the parties.



2. If the parties fail to agree about it, each with a different power and

the appointment will become selected by agreement of the powers like this.



3. If the powers so designated otherwise within three months,

performs the required appointment of the President of the Standing Court of international

Justice. If it is busy or national of one of the

the parties, the appointment of the Vice Chairman. If he is busy or

a member of one of the parties, the Court's oldest Member, who

is not a national of either of the parties.



Article 27.



In the shortest period of time shall take measures in order to place the death uprázdněná,

resignation or for any other obstacle was again occupied, and this procedure

specified for the appointment.



Article 28.



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

to postupovati.



Article 29.



If they are not about matters just mentioned in compromise data postačitelné

or rather accurate, it shall apply, if appropriate, the provisions of the Hague

Convention of 18. October 1907 concerning the settlement of the disputes dealing with international.



Article 30.



If there is no compromise in the three months since the establishment of the Court, dovolá him

one side or the other of the applications.



31.



If he does not compromise on that provision, or if there is no compromise here, the

as to the substantive law, the Court rules referred to in article 38. The Statute of the

The Permanent Court of international justice. If there is no such rules,

which you could use it on the dispute, the Court will rozhodovati ex aequo et bono.



The Head In.



General provisions.



Article 32.



1. At any time the dispute be dealt with in any arbitral or judicial proceedings, and

especially if the question at issue between the parties has its origins in the deeds,

which have already become or have just carried out, be a Permanent Court of international

Justice referred to in article 41. its statute or Court of arbitration shall be determined in

as soon as the provisional measures to be taken. The parties

they are required to podříditi.



2. If a dispute Was raised on a Conciliation Commission, the parties may doporučiti

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 performance of the judicial or arbitral statement or on the

the settlement proposed by the Conciliation Commission, and all that do not take anything, whether

would it be anything that could zostřiti or rozšířiti.



Article 33.



He said if the Court or judge that the decisions or measures,

made by a court or any authority of one of the parties to the dispute, is completely

or partially in conflict with the law and the international law

the constitutional parties concerned at all or only the organism allows

imperfectly odčiniti consequences this decision or measure, the parties

agrees that judicial or arbitral statement admitted the injured party

a decent satisfaction.



Article 34.



1. This Convention is to use between the High Contracting Parties, even if the

If some of the third power in the dispute of interest.



2. the conciliation proceedings, the parties may jointly by agreement přizvati the third

power.



3. In the management of the judicial or arbitration can the third power, if it considers,

that dispute is without prejudice to any of its legal interest, to request it to the Standing

the Court of international justice or to an arbitral tribunal, that as

the third party is authorized to intervene.



Court of Auditors or the court decide.



4. As regards the interpretation of the Convention which are associated States other than questionable

the Parties shall notify the Office of the International Court of Justice that the Standing

of Justice or the arbitral tribunal.



Each of them will have the right of intervention in the dispute; If you use this

the options will be the interpretation contained in the judgment of whether or not it is binding.



Article 35.



Disputes concerning the interpretation or application of this Convention, including the disputes concerning the

the nature of the controversy, will be challenged on a Permanent Court of international justice.



Article 36.



This Convention, being in consent with the Pact of the League of Nations, the

should be interpreted as limiting the Mission of the League of Nations přikročiti

whenever the measures, which are effectively world peace and long life.



Article 37.



1. this Convention shall be ratified and the ratifications exchanged at Brussels.



Will be registered 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 it is not denounced by at least six months before the expiry of this deadline,

will remain in force for a new period of five years and continue to be so.



4. If the Convention was denounced by one of the Contracting Parties, in

the proceedings at the date of expiration of the Convention was already in the stream,

Let us proceed to the regular end of the.



On conscience above appointed agents have signed this Convention.



Done at Geneva, on 18 July 2005. September 1929 in duplicate.



L. S.



Dr. Edvard Beneš in r.



L. S.



Bech in r.



Prozkoumavše the Convention endorsement and we confirm it.



The conscience we have signed this sheet and the seal of the Republic of

The Czechoslovak přitisknouti.



The castle of Prague, 29 June. April devítistého thirty-one thousand years.



The President of the Czechoslovak Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that ratification were exchanged in Brussels, 2. September

1930, so the Convention referred to in article 37. that day acquired international

the scope of the.



Dr. Edvard Beneš in r.