Geneva Protocol On Arbitration
PROTOCOL ON ARBITRATION CLAUSES SIGNED
AT A MEETING OF THE ASSEMBLY OF THE LEAGUE
OF NATIONS HELD ON THE TWENTY-FOURTH DAY
OF SEPTEMBER, NINETEEN HUNDRED AND TWENTY-THREE
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 aion 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 States 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 require
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, 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 become 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
of 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
doe present Protocol does not include any or all of the under-mentioned territories:
that is to say, their colonies, overseas possessions or territories, protectorates
or the 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.