Permanent Court of Arbitration Sample Clauses

Permanent Court of Arbitration. As an exception to Article II.18, if any dispute between the Commission and the beneficiary relating to the Agreement cannot be settled amicably, it must be referred to arbitration. In such cases, the Permanent Court of Arbitration Optional Rules for Arbitration involving international organisations and states in force at the date of entry into force of the Agreement apply. The appointing authority is the Secretary General of the Permanent Court of Arbitration following a written request submitted by either party. The arbitration proceedings must take place in Brussels and the language used in the arbitral proceedings must be English. The arbitral award is binding upon the parties, which hereby expressly agree to renounce any form of appeal or revision.]

Permanent Court of Arbitration. 13.1. By agreement of the Parties, the PCA shall serve as the registry and administer the arbitral proceedings on the following terms:

Permanent Court of Arbitration. Established in 1899, the Permanent Court of Arbitration (PCA) resolves disputes among States, private parties, and intergovernmental organisations through arbitration, conciliation, and fact finding. It claims to be “the first global mechanism for the settlement of inter-state disputes.” Each Party to the PCA can appoint up to four arbitrators (“Members of the Court”) to a standing roster. When there is a dispute for the PCA to resolve, each Party appoints two arbitrators from this roster, and the four arbitrators (two from each Party) select an umpire. The International Bureau is the PCA’s Secretariat. It assists parties in selecting arbitrators, and performs other legal and administrative functions. English and French are the official working languages of the PCA, although the Parties can agree to conduct proceedings in any language. The PCA has adopted guidelines and model clauses for traditional dispute settlement in environmental treaties. These generally rely upon and build upon precedents, since existing approaches have been tested and are more likely to be adopted. In 2001, the PCA Administrative Council adopted Optional Rules for Arbitration of Disputes Relating to the Environment and/or Natural Resources. The Environmental Conciliation Rules, adopted in 2002, complement the earlier rules on arbitration. These Rules were developed by the International Bureau and a working group and drafting committee of experts in environmental law and arbitration. The PCA also provides guidance on drafting environment-related dispute settlement clauses. For example, in 2003 the UNECE approved reference to the PCA Environmental Arbitration Rules in its draft “Legally Binding Instrument on Civil Liability under the 1992 Watercourses and XXXX Conventions.” The PCA has also collaborated with the CBD, the Bio safety Protocol, and UNFCCC COPs. The PCA convenes seminars on international law and publishes the papers in independent volumes. These have included International Investments and Protection of the Environment: The Role of Dispute Resolution Mechanisms (2001) and Resolution of International Water Disputes (2003).