t proved
satisfactory even though the majority of the tribunal are nationals
of other countries. However well prepared from experience on the
bench to render strict justice, the litigants' arbitrators act in
fact as advocates. As a consequence the neutral arbitrators are
decidedly hampered in giving full and free expression to their views,
and there is not that frank exchange of opinion which should
characterize the conference of judges. It has generally resulted in a
compromise, in which the nation in the wrong gains a measure of
benefit and the nation in the right is deprived of a part of the
remedy to which it is entitled. In fact an arbitration award is more
of a political and diplomatic arrangement than it is a judicial
determination. I believe that this undesirable result can be in large
measure avoided by eliminating arbitrators of the litigant nations.
It is only in the case of monetary claims that these observations do
not apply.

"Another difficulty has been the method of procedure before
international tribunals. This does not apply to monetary claims, but
to disputes arising out of boundaries, interpretation of treaties,
national rights, etc. The present method of an exchange of cases and
of counter-cases is more diplomatic than judicial, since it does not
put the parties in the relation of complainant and defendant. This
relation can in every case be established, if not by mutual
agreement, then by some agency of the League of Nations charged with
that duty. Until this reform of procedure takes place there will be
no definition of issues, and arbitration will continue to be the long
and elaborate proceeding it has been in the past.

"There is another practical obstacle to international arbitration as
now conducted which ought to be considered, and that is the cost.
This obstacle does not affect wealthy nations, but it does prevent
small and poor nations from resorting to it as a means of settling
disputes. Just how this can be remedied I am not prepared to say,
although possibly the international support of all arbitral tribunals
might be provided. At any rate, I feel that something should be done
to relieve the great expense which now prevents many of the smaller
nations from resorting to arbitration.

"I would suggest, therefore, that the Peace Treaty contain a
provision directing the League of