He rejected the composition of the tribunal; but he acknowledged that: "the interpretation of the convention in detail is not exempt from difficulties, putting aside the question of the interpretation of the preamble of the Convention of 1881, which regulates the articles substituted in the Convention of 1884." And then Mr.Chamberlain invited Sir Alfred Milner to enquire of Mr.Krueger whether he would accept the exclusion of the Foreign element in the settlement of disputes, arising from the interpretation of the Convention of 1884: "As to how far and by what method, questions could be decided by a judicial authority whose independence, impartiality and capacity should be above suspicion." Thus the constitution of a tribunal of arbitration was accepted by Mr.
Chamberlain, and in his despatch of August 28th he directed Sir Alfred Milner to arrange a fresh conference with Mr.Krueger.On September 2nd the Pretoria Government asks whether the British Government will receive burghers of the Free State as members of the arbitration tribunal?
which are the subjects it will be competent to settle?
and which will be reserved?
Sir Alfred Milner's views on this subject are stated in a lengthy despatch to the Government, dated September 8th.

The points which Sir Alfred Milner considered should be excluded from arbitration as being likely to re-open discussion are the following: (1) The position of the British Indians; (2) the position of other British coloured subjects; (3) the right of all British subjects to be treated as favourably as those of any other country; "a right which has never been formally admitted by the South African Republic." Here the Arbitration Question may be said to have dropped, Sir A.
Milner's telegram of September 8th being followed by the ultimatum of October 9th.
Hence this question was not a new one at the time of the Bloemfontein Conference.

It had been raised by the Government of Pretoria as a means by which its "inherent rights as a Sovereign State" should be acknowledged, a pretension which could not be admitted by the British Government.
As we have seen, however, arbitration was not absolutely refused by Mr.
Chamberlain; he imposed two conditions; the Conventions of 1881 and 1884 were not to be questioned, foreigners were not to be chosen as arbitrators; the points referred to arbitration should be clearly specified.
There is a vast difference between this attitude and the arrogant tone generally ascribed to Mr.Chamberlain.It is always advisable to refer to the documents on a question before discussing it..