Practice question
A neutral inquiry commission issues a factual report under Article35. The parties made no separate agreement to accept a binding decision. One party calls the report an enforceable arbitral award solely because neutral experts signed it. Which is correct?
- Neutral fact-finding does not by itself convert the report into an award
- Every expert signature creates arbitration consent
- The report automatically convicts the other State
- All factual findings are treaty amendments
- The report is a military command
Legal references
- UN Charter Articles34 and36: https://legal.un.org/repertory/art34.shtml ; https://legal.un.org/repertory/art36.shtml
- 1907 Hague Convention, Article35, official treaty reproduction: https://tile.loc.gov/storage-services/service/ll/lltreaties/lltreaties-ustbv001/lltreaties-ustbv001.pdf
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