A Guide to the PCA Arbitration Rules

✍ Scribed by Brooks W. Daly, Evgeniya Goriatcheva, Hugh A. Meighen

• Publisher: Oxford University Press
• Year: 2014
• Tongue: English
• Leaves: 289
• Category: Library

✦ Synopsis

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

✦ Table of Contents

Contents
Table of Cases
Table of International Treaties and Conventions
Table of National Legislation
Table of Arbitration Rules
List of Defined Terms
PART I: INTRODUCTION
1. Introduction
PART II: PCA ARBITRATION RULES 2012
2. The Introduction of the 2012 PCA Rules
3. Section I. Introductory Rules
4. Section II. Composition of the Arbitral Tribunal
5. Section III. Arbitral Proceedings
6. Section IV. Th e Award
Appendices
Appendix I: Explanatory Note of the International Bureau of the Permanent Court of Arbitration (‘PCA’) Regarding Time Periods Under the PCA Arbitration Rules 2012 (‘2012 PCA Rules’)
Appendix II: Convention for the Pacific Settlement ofInternational Disputes (1899)
Appendix III: Convention for the Pacific Settlement of International Disputes (1907)
Appendix IV: Agreement Concerning the Headquarters of the Permanent Court of Arbitration
Appendix V: Exchange of Notes constituting an Agreement supplementing the Agreement concerning the Headquarters of the Permanent Court of Arbitration
Appendix VI: List of PCA Rules of Procedure
Appendix VII: Drafting Groups of PCA Rules of Procedure
Appendix VIII: PCA Schedule of Fees and Costs
Appendix IX: Permanent Court of Arbitration Financial Assistance Fund for Settlement of International Disputes—Terms of Reference and Guidelines
Appendix X: Permanent Court of Arbitration Financial Assistance Fund for Settlement of International Disputes Rules Governing the Work of the Board of Trustees
Appendix XI: UNCITRAL Arbitration Rules 1976
Appendix XII: UNCITRAL Arbitration Rules 2010
Appendix XIII: Procedure for Requesting the PCA Secretary-General to Designate an Appointing Authority Pursuant to the UNCITRAL Arbitration Rules
Appendix XIV: Procedure for Requesting the PCA Secretary-General to Act as Appointing Authority
Appendix XV: Model Declaration of Acceptance and Statement of Impartiality and Independence for Cases under the 2012 PCA Rules
Appendix XVI: Model Clause for PCA Services under the UNCITRAL Arbitration Rules
Appendix XVII: Sample Procedural Order No 1
Appendix XVIII: Sample Procedural Order No 2
Index