Protocol on Arbitration Clauses
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 agreed to submit to arbitration
all or any difference 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 his right will notify the Secretary- General of the League of Nations in
order that 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, shall refer the parties on the application of either of
them to the decisions 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 ratification 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 will 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, protectorates or the territories over which they exercise 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 notifications by the Secretary-General to all Signatory States.
The Contracting States may also denounce the Protocol separately on behalf of one of the
territories referred to above. Article 7 applies to such denunciation.