New Methods of Adjusting International Disputes And the Future
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S. Co. Claim between the U. S. A. And Venezuela raised the question of whether, in case an umpire exceeds his powers and bases his decision on errors of law and fact essential to the matter at issue, the award is hable to revision. The Court's decision on this point, which establishes a precedent of the greatest moment for the future, was as follows : EXISTING HAGUE COURTS 8i Whereas it is assuredly in the interest of peace and the development of the institution of international arbitration, so... essential to the well-being of nations, that on principle such a decision be accepted, respected and carried out by the Parties without any reservation as it is laid down in Article 8i of the Convention for the Pacific Settlement of International Disputes of October i8, 1907 ; and, besides, no jurisdiction whatever has been instituted for reconsidering similar decisions.
But whereas, in the present case, it having been argued that the decision is void, the Parties have entered into a new agreement under date of February 13, 1909, according to which, without considering the conclusive character of the first decision, this Tribunal is called upon to decide whether the decision of Umpire Barge, in virtue of the circumstances and in accordance with the principles of international law, be not void, and whether it must be considered so conclusive as to preclude a re-examination of the case on its merits ; Whereas, by the agreement of February 13, 1909, both Parties have at least implicitly admitted, as vices involving the nullity of an arbitral decision, excessive exercise of jurisdiction and essential error in the judgment {exceso de poder y error essencial en el fallo) ; Whereas the plaintiff Party alleges excessive exercise of jurisdiction and numerous errors in law and fact equivalent to essential error ; Whereas, following the principles of equity in accordance with law, when an arbitral award embraces several independent claims, and consequently several decisions, the nullity of one is without influence on any of the others, more especially when, as in the present case, the integrity and good faith of the arbitrator are not questioned, this being ground for pronouncing separately on each of the points at issue.
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To quickly assess the difficulty of the text, read a short excerpt:
S. Co. Claim between the U. S. A. And Venezuela raised the question of whether, in case an umpire exceeds his powers and bases his decision on errors of law and fact essential to the matter at issue, the award is hable to revision. The Court's decision on this point, which establishes a precedent of the greatest moment for the future, was as follows : EXISTING HAGUE COURTS 8i Whereas it is assuredly in the interest of peace and the development of the institution of international arbitration, so... essential to the well-being of nations, that on principle such a decision be accepted, respected and carried out by the Parties without any reservation as it is laid down in Article 8i of the Convention for the Pacific Settlement of International Disputes of October i8, 1907 ; and, besides, no jurisdiction whatever has been instituted for reconsidering similar decisions.
But whereas, in the present case, it having been argued that the decision is void, the Parties have entered into a new agreement under date of February 13, 1909, according to which, without considering the conclusive character of the first decision, this Tribunal is called upon to decide whether the decision of Umpire Barge, in virtue of the circumstances and in accordance with the principles of international law, be not void, and whether it must be considered so conclusive as to preclude a re-examination of the case on its merits ; Whereas, by the agreement of February 13, 1909, both Parties have at least implicitly admitted, as vices involving the nullity of an arbitral decision, excessive exercise of jurisdiction and essential error in the judgment {exceso de poder y error essencial en el fallo) ; Whereas the plaintiff Party alleges excessive exercise of jurisdiction and numerous errors in law and fact equivalent to essential error ; Whereas, following the principles of equity in accordance with law, when an arbitral award embraces several independent claims, and consequently several decisions, the nullity of one is without influence on any of the others, more especially when, as in the present case, the integrity and good faith of the arbitrator are not questioned, this being ground for pronouncing separately on each of the points at issue.
What to read after New Methods of Adjusting International Disputes And the Future?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Barclay to read onlineMoreLess
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