Introduction PCA Arb

PCA Arb
Permanent Court of Arbitration - Arbitration Rules 2012

ZivilrechtZivilprozessrecht

Schiedsverfahrensrecht

These Rules are for use in arbitrating disputes involving at least one State, State-controlled entity, or intergovernmental organization. They add a new option for arbitration of disputes under the auspices of the Permanent Court of Arbitration (hereinafter the “PCA”) without replacing the previously adopted PCA Rules, which remain valid and available. The Rules are optional and are based on the 2010 UNCITRAL Arbitration Rules with changes made in order to:

(i) Reflect the public international law elements that may arise in disputes involving a State, State-controlled entity, and/or intergovernmental organization;

(ii) Indicate the role of the Secretary-General and the International Bureau of the PCA; and

(iii) Emphasize flexibility and party autonomy. For example:

(a) The Rules allow for arbitration of multiparty disputes involving a combination of States, State-controlled entities, intergovernmental organizations, and private parties;

(b) The Rules and the services of the Secretary-General and the International Bureau of the PCA are available for use by all States and their entities and enterprises, and are not restricted to disputes in which the State is a party to either the Hague Convention for the Pacific Settlement of International Disputes of 1899 or that of 1907;

(d) The choice of arbitrators is not limited to persons who are listed as Members of the PCA.

Model clauses that parties may consider inserting in treaties, contracts, or other agreements to provide for arbitration of existing or future disputes are set forth in the annex to these Rules.

Quelle: PCA

Import: 20.12.2024

PCA Arb infoPermanent Court of Arbitration - Arbitration Rules 2012info

Schiedsverfahrensrecht

PCA Arb
Permanent Court of Arbitration - Arbitration Rules 2012