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New PCA Arbitration Rules Adopted

On December 17, 2012, the Administrative Council of the PCA adopted the “PCA Arbitration Rules 2012”, a new set of procedural rules for the arbitration of disputes involving at least one State, State-controlled entity, or international organization.

The PCA Arbitration Rules 2012 are a consolidation of four sets of PCA procedural rules from the 1990s – the Optional Rules for Arbitrating Disputes between Two States (1992), the Optional Rules for Arbitrating Disputes between Two Parties of Which Only One is a State (1993), the Optional Rules for Arbitration Between International Organizations and States (1996), and the Optional Rules for Arbitration Between International Organizations and Private Parties (1996) –, updated in light of the 2010 revisions to the UNCITRAL Arbitration Rules and the PCA’s experience with its existing procedural rules and the 1976 UNCITRAL Arbitration Rules. 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 the new Rules.

The PCA Arbitration Rules 2012 were developed by a Drafting Committee of leading practitioners of international arbitration, chaired by Professor Jan Paulsson. The other members of the Drafting Committee were Ms. Lise Bosman, Mr. Brooks W. Daly, Mr. Alvaro Galindo, Professor Alejandro Garro, H.E. Judge Sir Christopher Greenwood, Mr. Michael Hwang, Professor Gabrielle Kaufmann Kohler, Mr. Salim Moollan, Professor Dr. Michael Pryles AM, Judge Seyed Jamal Seifi, and Mr. Jernej Sekolec.

 

Click here for the PCA Arbitration Rules 2012