The draft of the General Arbitration Treaty between the United
States and Great Britain and the United States and France was submitted to the British and French Am- bassadors at Washington on Wednesday. The Times corre- spondent says :— " All differences internationally justiciable will be submitted to the Hague, unless by special agreement some other tribunal is created or selected; but differences which either country con- siders not internationally justiciable will be referred to a Com- mission of Inquiry with power to make recommendations for their settlement. The Commission, which will be composed of nationals who are members of the Hague Court, can decide that the difference should be submitted to arbitration, and its decision is to be binding. Moreover, even in cases when both countries agree that the difference is one susceptible of arbitral decision, the Commission of Inquiry shall investigate with a view to recom- mending a settlement which will preclude the necessity of arbitration. The action of the Commission, however, is not to have the effect of an arbitral award."
The powers of the American Senate are safeguarded in the phrase: "Arbitrations are to be conducted under terms of submission subject to the advice and consent of the Senate." It will be seen that the Treaty employs, as far as possible, Lord Pauncefote's principle of arbitration by nationals. This is likely to be the most satisfactory plan, and outside assistance will always be in reserve in case of failure.
