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The undersigned, being duly authorised, declare that they
accept, on behalf of the countries which they represent, the following
provisions
1.
Each of the Contracting States recognises the validity of an agreement
whether relating to existing or future differences between parties, subject
respectively to the jurisdiction of different Contracting States by which the
parties to a contract agree to submit to arbitration all or any differences
that may arise in connection with such contract relating to commercial
matters or to any other matter capable of settlement by arbitration, whether
or not the arbitration is to take place in a country to whose jurisdiction
none of the parties is subject.
Each
Contracting State reserves the right to limit the obligation mentioned above
to contracts which are considered as commercial under its national law. Any
Contracting State which avails itself of this right will notify the
Secretary-General of the League of Nations, in order that the other
Contracting Slates may be so informed.
2.
The arbitral procedure, including the constitution of the arbitral tribunal,
shall be governed by the will of the parties and by the law of the country in
whose territory the arbitration takes place. The Contracting States agree to
facilitate all steps in the procedure which requires to be taken in their own
territories, in accordance with the provisions of their law governing
arbitral procedure applicable to existing differences.
3.
Each Contracting State undertakes to ensure the execution by its authorities
and in accordance with the provisions of its national laws of arbitral awards
made in its own territory under the preceding articles.
4.
The tribunals of the Contracting Parties, on being seized of a dispute
regarding a contract made between persons to whom Article 1 applies and
including an arbitration agreement whether referring to present or future
differences which is valid in virtue of the said article and capable of being
carried into effect, shall refer the parties on the application of either of
them to the decision of the arbitrators.
Such
reference shall not prejudice the competence of the judicial tribunals in
case the agreement or the arbitration cannot proceed or becomes inoperative.
5.
The present protocol, which shall remain open for signature by all States,
shall be ratified. The ratifications shall be deposited as soon as possible
with the Secretary-General of the League of Nations, who shall notify such
deposit to all the signatory States.
6.
The present protocol shall come into force as soon as two ratifications have
been deposited. Thereafter it will take effect, in the case of each
Contracting State, one month after the notification by the Secretary-General
of the deposit of its ratification.
7.
The present protocol may be denounced by any Contracting State on giving one
year's notice. Denunciation shall be effected by a notification addressed to
the Secretary-General of the League, who will immediately transmit copies of
such notification to all the other signatory States and inform them of the
date on which it was received. The denunciation shall take effect one year
after the date on which it was notified to the Secretary-General, and shall
operate only in respect of the notifying State.
8.
The Contracting States may declare that their acceptance of the present
protocol does not include any or all of the undermentioned territories: that
is to say, their colonies, overseas possessions or territories over which
they exercise a mandate. The said States may subsequently adhere separately on
behalf of any territory thus excluded. The Secretary-General of the League of
Nations shall be informed as soon as possible of such adhesions. He shall
notify such adhesions to all signatory States. They will take effect one
month after the notification by the Secretary-General to all signatory
States.
The
Contracting States may also denounce the protocol separately on behalf of any
of the territories referred to above. Article 7 applies to such denunciation.
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