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received an injustice in the principal matter
which should have been tried by arbitration,
but which was not—a circumstance which, with
the Spanish authorities, has greatly weakened
the position in law due to Swedish citizens,
whose rights have been violated in so
unprecedented a manner by the mode of procedure
in consequence of which arbitration was
appealed to.”
All this had truth in it. But does that prove
anything against the usefulness of arbitration
clauses in treaties of commerce?
The agreement referred to between the
united kingdoms and Spain, January 8th, 1887,
establishes:—
“A question which affects customs or the carrying out of
commercial treaties, or relates to results of some special
violation of the same, shall, when all attempts to come to
an amicable agreement and all friendly discussions have
proved fruitless, be referred to an arbitration tribunal, whose
decision shall be binding on both parties.”
According to this it may be plainly seen, that
the well-known Swedo-Spanish Spirit-dispute,
to which Mr. Hedin alluded, ought to have
been solved in its entirety by arbitration. The
Spanish Government, however, maintained that
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