paragraph 186 in volume 2, chapter 11, Treaties and Conventions in Force
The third general proposition relating to the principle of forum prorogatum which emerges from the decisions of the two Courts is that jurisdiction may be conferred by the tacit consent of the parties, deduced from their conduct in pleading to the merits of a claim (including a counter-claim) without raising the question of jurisdiction.1 Tacit consent is thus clearly distinguishable from informal consent, a fact which may be of importance, as will be examined later Like…