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PCA Arb  
Permanent Court of Arbitration - Arbitration Rules 2012

ZivilrechtZivilprozessrecht

Schiedsverfahrensrecht

  1. Where a State, State-controlled entity, or intergovernmental organization has agreed with one or more States, State-controlled entities, intergovernmental organizations, or private parties that disputes between them in respect of a defined legal relationship, whether contractual, treatybased, or otherwise, shall be referred to arbitration under the Permanent Court of Arbitration Arbitration Rules 2012 (hereinafter the “Rules”), then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree.
  2. Agreement by a State, State-controlled entity, or intergovernmental organization to arbitrate under these Rules with a party that is not a State, State-controlled entity, or intergovernmental organization constitutes a waiver of any right of immunity from jurisdiction in respect of the proceedings relating to the dispute in question to which such party might otherwise be entitled. A waiver of immunity relating to the execution of an arbitral award must be explicitly expressed.
  3. The International Bureau of the Permanent Court of Arbitration at the Hague (hereinafter the “International Bureau”) shall serve as registry for the proceedings and provide secretariat services.
  4. The involvement of at least one State, State-controlled entity, or intergovernmental organization as a party to the dispute is not necessary for jurisdiction where all the parties have agreed to settle a dispute under these Rules. However, where the Secretary-General of the Permanent Court of Arbitration determines that no State, State-controlled entity, or intergovernmental organization is a party to the dispute, the Secretary-General may decide to limit the Permanent Court of Arbitration’s role in the proceedings to the function of the Secretary-General as appointing authority, with the role of the International Bureau under these Rules to be assumed by the arbitral tribunal.
* Model arbitration clauses can be found in the annex to the Rules.
Quelle: PCA
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