International Court of Arbitration

“ Although the League of Nations has been brought into existence, yet it is incapable of establishing Universal Peace. But the Supreme Tribunal which His Holiness Bahá’u’lláh has described will fulfill this sacred task with the utmost might and power.
International Arbitration Bahá’u’lláh also advocated the establishment of an international court of arbitration, so that differences arising between nations might be settled in accordance with justice and reason, instead of by appeal to the ordeal of battle. ”

“ Arbitration answers very well providing that the arbiters are just and impartial and prove themselves able to arrive at a decision in perfect justice and equity. But America in the twentieth century, on account of her enormous expansion and world-wide commerce, had excited the jealousy as well as cupidity of every other civilized nation, with the one exception of Great Britain. In any court of international arbitration in which America might appear either as a plaintiff or as a defendant, the chances were largely in favor of a decision being rendered against her. ”

“ In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority. The analogy between the two fails to hold good in another respect also. In civil arbitration, the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property. An international award cannot be enforced directly ”

“ Arbitration is the name for the determination of differences between States through the verdict of one or more umpires chosen by the parties. As there is no central political authority above the Sovereign States, and no such International Court as could exercise jurisdiction over them, State differences, unlike differences between private individuals, cannot as a rule be obligatorily settled in courts of justice. ”

“ It is just among the old champions of the arbitral decision of international disputes that the most violent opposition is raised to the erection of a real court of justice for international law causes. In such a court they see a great danger for the future. The fact that arbitration has a tendency to furnish rather a decision which is as far as possible satisfactory to both parties than one which is based on naked law, is just the respect which, in the eyes of many, gives it a higher value than a real court possesses. Not jural but peaceable settlement of disputes is the motto of these men ”

“ Notwithstanding the great advance made by the partial adoption of arbitration, as a mode of settling international controversies—wise men feel that another step forward should be taken through the establishment of a Court of Justice, a body which will ascertain facts and apply rules of law instead of resorting to negotiation or expediency in the familiar manner of Courts of Arbitration. ”

“ The International Commercial Court supports parties to settle their international commercial disputes by choosing the approach they consider appropriate through the dispute resolution platform on which mediation, arbitration and litigation are efficiently linked. ”

“ The proposal was further coupled with the suggestion that the jurisdiction of the International Prize Court might be extended, by agreement between two or more of the signatory Powers, to cover cases at present excluded from its jurisdiction by the express terms of the Prize Court Convention, and that in the hearing of such cases that court should have the functions, and follow the procedure, laid down in the Draft Convention relative to the creation of a Judicial Arbitration Court, which was annexed to the Final Act of the Second Peace Conference of 1907. ”

“ The fact that any written law confers jurisdiction in respect of any matter on any court of law but does not refer to the determination of that matter by arbitration shall not, of itself, indicate that a dispute about that matter is not capable of determination by arbitration.
Powers of arbitral tribunal. 12.— (1) Without prejudice to the powers set out in any other provision of this Act and in the Model Law, an arbitral tribunal shall have powers to make orders or give directions to any party for—
(a) security for costs; (b) discovery of documents and interrogatories ”

“ The permanent establishment of a general court of arbitration to be composed of representative jurists of the principal States and to take cognizance of all international disputes that cannot be settled by ordinary diplomatic negotiation, is no doubt the ideal to be aimed at. If this cannot be reached at once the conclusion of an arbitration treaty between the United States and Great Britain may be regarded as a great step in that direction. ”

“ Because a number of wars have been fought since the establishment of the Permanent Court, impatient pacifists are in despair and consider the institution of the Court of Arbitration a failure, whereas cynical pessimists triumphantly point to the fact that the millennium would seem to be as far distant as ever. The calm observer of the facts who possesses insight in the process of historical development, has no cause to despair, for, compared with some generations ago, arbitration is an established force which daily gains more power and influence. ”

“ If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. ”

“ Neither by its composition nor tenure is the Court of Arbitration qualified to deal with questions essentially judicial. The distinction is less difficult for Americans than for foreigners. The line which separates political from judicial functions, though by no means so clear as to be instantly perceived, is a line which every student of law and government in the United States must be able to trace. The settlement of a boundary dispute, of trade or industrial questions, while involving judicial questions, is usually, in international affairs, a question essentially or chiefly political. ”

“ If only we succeeded in the clear enunciation of legal rules for all international relations; if only we could succeed in finding independent and unbiased men to whose judgment a state could confidently submit its cause; if only we could succeed in bringing such men together in an independent international court—there would then be no reason why the great majority of states should not follow the example of the very small minority which has already agreed to settle all possible disputes by means of arbitration. ”

“ The result is that cases submitted to mere arbitration, without the backing of an adequate international law, have frequently resulted in decisions which meant nothing more nor less than a mere compromise, unsatisfactory to both parties and yet accepted in the name of peace rather than in the name of justice. The world court of the future will administer an international law created and acknowledged by all nations. ”

“ The second ground referred to is that it is a fundamental part of the idea of arbitration that in every case the choice of the arbiters as men in whom the parties have confidence should be left to the parties themselves, whilst it is fundamental in the conception of a court that it is once and for all composed of judges appointed independently of the choice of the parties and permanently to adjudicate upon matters of law. ”

“ That it is of the highest importance to urge on the several governments of Europe and America the necessity of introducing a clause into all International Treaties, providing for the settlement of all disputes by Arbitration, in an amicable manner, and according to the rules of justice and equity, by special Arbitrators, or a Supreme International Court, to be invested with power to decide in cases of necessity, as a last resort. ”

“ Even courts are fallible and make mistakes. If this is universally recognized for municipal administration of justice, it must be recognized for international administration of justice, all the more as public and not private interests are then in issue. If states are to feel bound to rely on their right rather than on their might, and to submit it to a judicial decision, it must be possible to carry an appeal against a decision of the International Court of Justice to a higher tribunal. Many advocates of arbitration will not hear of an appeal. ”

“ If the parties to an arbitration agreement reach agreement in settlement of their dispute and the arbitral tribunal has recorded the terms of settlement in the form of an arbitral award on agreed terms in accordance with Article 30 of the Model Law, the award shall be treated as an award on an arbitration agreement and may, by leave of the High Court or a Judge thereof, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the award. ”

“ So far from the act of Congress having any result of that character, the effect of such legislation is to strengthen the principle that an award by a tribunal acting under the joint authority of two countries is conclusive between the governments concerned, and must be executed in good faith unless there be ground to impeach the integrity of the tribunal itself. The act of 1892 is a recognition of the principle that 'international arbitration must always proceed on the highest principles of national honor and integrity.' Frelinghuysen v. ”

“ The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. ”

“ They may have their own courts of arbitration, or be referred, under the arbitration clause it is now universal to insert in treaties of commerce, to the Hague Court. Whichever way it will be done, a new era is looming into view in which international commercial understandings, call them what we may, are likely to regulate interests of employer and employed, of producer, manufacturer and consumer, and perhaps even of State and citizen, and take the place of State remedies. ”

“ If a challenge under any procedure agreed upon by the parties or under the procedure of paragraph (2) of this Article is not successful, the challenging party may request, within thirty days after having received notice of the decision rejecting the challenge, the court or other authority specified in Article 6 to decide on the challenge, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award. ”

“ Key, while conceding the essential value of international arbitration to be dependent upon the certainty and finality of the decision, the court adjudged that this government need not therefore close its doors against an investigation into the question whether its influence had been lent in favor of a fraudulent claim. ”

“ An Act to make provision for the conduct of international commercial arbitrations based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law and conciliation proceedings and to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and for matters connected therewith. ”

“ Darby from England, Moneta from Italy, and from Austria—“Malaria.” The Americans of course were well represented and by distinguished men,—scholars, judges, statesmen. A soldier even, General Charles H. Howard, gave an address on the International Tribunal. A special church convention joined the movement by referring to the projected petition of the various Christian bodies of the world to the governments in behalf of the Court of Arbitration. ”

“ Why, then, borrow trouble where experience has shown that there is no danger of mischief? The most trustworthy compelling power will always be the sense of honor of the parties concerned and their respect for the enlightened judgment of civilized mankind which will watch the proceedings.
We may therefore confidently expect that a permanent system of arbitration will prove as feasible as it is desirable. Nor is there any reason to doubt that its general purpose is intelligently and warmly favored by the best public sentiment both in England and in the United States. ”

“ An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made. ”

“ In order that international arbitration may do its perfect work, it is not enough to set up a standing tribunal, whether at the Hague or elsewhere, and to equip it with elaborate rules of procedure. Tribunals and rules are, after all, only machinery. If this machinery is to act smoothly we must improve our motive power, the source of which is human passion and sentiment. ”