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Designation of PCA Secretary-General as Appointing Authority

 

The Secretary-General of the PCA will act as the appointing authority under the UNCITRAL Arbitration Rules if so designated by an arbitration clause, a subsequent agreement of the parties, or otherwise.

When acting as the appointing authority and requested to appoint a sole or presiding arbitrator, the Secretary-General will generally follow the list-procedure as provided for under the UNCITRAL Arbitration Rules (Art. 6(3) of the 1976 Rules; Art. 8(2) of the 2010 Rules). In accordance with the UNCITRAL Arbitration Rules, the Secretary-General will exercise his discretion when requested to appoint a second arbitrator. The Secretary-General’s choice of arbitrators for the list-procedure or direct appointments is not limited to any list or panel, and the Secretary-General is therefore free to choose the most appropriate person for the matter at hand.

The UNCITRAL Arbitration Rules requires that contested challenges be decided by the appointing authority (Art. 12 of the 1976 Rules; Art. 13 of the 2010 Rules). When deciding challenges, the Secretary-General, depending on the circumstances of the case, may make the decision directly or after consultation with a special committee, consisting of three persons, a majority of whom will be of nationalities different from that of any party.

 

Under the UNCITRAL Rules, 2010, appointing authorities and the Secretary-General of the PCA are granted additional roles in relation to arbitrators' fees and expenses.

 

Where the Secretary-General of the PCA is designated to act as appointing authority, any party may:

 

• refer an arbitral tribunal's proposal regarding the manner in which its fees and expenses will be determined to the Secretary-General for review and, if necessary, adjustment

     (Art. 41(3));

 

• refer an arbitral tribunal's determination of its final fees and expenses to the Secretary-General for review and, if necessary, adjustment (Art. 41(4)(a)-(b)).

 

Where no appointing authority has been agreed upon or designated, any party may:

 

• refer an arbitral tribunal's determination of its final fees and expenses to the Secretary-General for review and, if necessary, adjustment (Art. 41(4)(a)-(b)).

Procedure for Requesting the Secretary-General to Act as Appointing Authority

 

Application

Where the Secretary-General is empowered to act as appointing authority by agreement of the parties, requests that the Secretary-General take any action as appointing authority should be directed to:

 

The Secretary-General  Permanent Court of Arbitration Peace Palace Carnegieplein 2 2517 KJ  The Hague The Netherlands

Tel:  +31 70 302 4165 Fax: +31 70 302 4167 Email: bureau@pca-cpa.org

 

1. A copy of the arbitration clause, agreement, or other instrument establishing the applicability of the UNCITRAL Arbitration Rules and the designation of the Secretary-General as appointing authority;
2. A copy of the notice of arbitration served upon the respondent, as well as the date of such service;
3. An indication of the nationalities of the parties;
4. The names and nationalities of the arbitrators already appointed, if any;
5. A power of attorney evidencing the authority of the person making the request; and
6. Payment of the non-refundable appointing authority fee.

 

 

Administrative fee
The non-refundable administrative fee for the Secretary-General of the PCA to act as the appointing authority under the UNCITRAL Arbitration Rules is €1,500. The fee is required to be paid in advance and is non-refundable, and should be made to the PCA by bank transfer as follows:

 

Bank:	ING Bank N.V. Schenkkade 65 2595 AS  The Hague The Netherlands
Bank Identifier Code (BIC):	INGBNL2A
Account number:	67 80 88 438 (payments in euro)
IBAN:	NL31 INGB 0678 0884 38
Beneficiary:	Permanent Court of Arbitration

 

or by cheque, payable to:

 

Permanent Court of Arbitration Peace Palace Carnegieplein 2 2517 KJ  The Hague The Netherlands

Please mention the UNCITRAL arbitration case and party for whom the payment is made as a payment reference on your bank transfer, or in the accompanying letter with your cheque.