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PCA Arb  
Permanent Court of Arbitration - Arbitration Rules 2012

ZivilrechtZivilprozessrecht

Schiedsverfahrensrecht

  1. The arbitral tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the arbitral tribunal shall:
(a) In cases involving only States, decide such disputes in accordance with international law by applying:
i. International conventions, whether general or particular, establishing rules expressly recognized by the contesting States;
ii. International custom, as evidence of a general practice accepted as law;
iii. The general principles of law recognized by civilized nations;
iv. Judicial and arbitral decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
(b) In cases involving only States and intergovernmental organizations, apply the rules of the organization concerned and the law applicable to any agreement or relationship between the parties, and, where appropriate, the general principles governing the law of intergovernmental organizations and the rules of general international law.
(c) In cases involving intergovernmental organizations and private parties, have regard both to the rules of the organization concerned and to the law applicable to the agreement or relationship out of or in relation to which the dispute arises, and, where appropriate, to the general principles governing the law of intergovernmental organizations and to the rules of general international law. In such cases, the arbitral tribunal shall decide in accordance with the terms of the agreement and shall take into account relevant trade usages.
(d) In all other cases, apply the law which it determines to be appropriate. In such cases, the arbitral tribunal shall decide in accordance with the terms of the agreement and shall take into account relevant trade usages.
  1. The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized the arbitral tribunal to do so.
Quelle: PCA
Import: