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Arbitration Services

 

The PCA provides registry services and administrative support in international arbitrations involving various combinations of states, state entities, international organizations and private parties. The PCA has experience in administering international arbitrations concerning disputes arising out of treaties, including bilateral investment treaties and multilateral treaties, and other instruments. The PCA also plays an important role under the UNCITRAL Rules.

 

Model arbitration clauses for use in connection with the PCA’s Rules of Procedure and the UNCITRAL Arbitration Rules can be downloaded from the Documents and Resources section.

 

Appointment and selection of arbitrators and other adjudicators

 

The Secretary-General of the PCA may be called upon to act as the appointing authority for the appointment of arbitrators under the PCA’s Rules of Procedure, the UNCITRAL Arbitration Rules, or other rules of procedure. Parties may also consult the list of PCA Members of the Court who are nominated by member states and are available to act as arbitrators in PCA-administered proceedings. However, the Secretary-General and parties in PCA proceedings are not obliged to select arbitrators from this list and are free to exercise their discretion in selecting the individual best suited to the case at hand.

 

Registry services

 

The PCA regularly provides administrative services in support of parties and arbitrators conducting arbitral proceedings under the PCA’s auspices, serving as the official channel of communications and ensuring safe custody of documents. It can also provide such services as financial administration, logistical and technical support for meetings and hearings, travel arrangements, and general secretarial and linguistic support.

 

A staff member of the International Bureau may be appointed as registrar or administrative secretary for a case and carry out administrative tasks at the direction of the arbitral tribunal. 

Parties may agree or tribunals may request that the PCA provide any of the following registry services:

 

  • transmitting oral and written communications from the parties to the arbitral tribunal and vice-versa and between the parties;
  • maintaining an archive of filings and correspondence;
  • making all arrangements concerning the amounts of the arbitrators’ fees and advance deposits to be made on account of such fees in consultation with the parties and the arbitrators;
  • holding the party deposits and disbursing tribunal fees and expenses;
  • assisting the arbitral tribunal to establish the date, time and place of hearings, and giving such advance notice thereof to the parties as the tribunal determines;
  • making its hearing and meeting rooms in the Peace Palace available to the parties and the arbitral tribunal at no charge (costs relating to catering, court reporting, or other support associated with hearings or meetings at the Peace Palace or elsewhere shall be borne by the parties);
  • making arrangements for transcription, recording, interpretation, translation, catering, or other support associated with hearings or meetings at the Peace Palace or elsewhere, the costs of which shall be borne by the parties;
  • assisting with travel and hotel reservations, as well as procurement of visas; and
  • carrying out any other tasks entrusted to it by the parties or the arbitral tribunal.

 

Fees & costs

 

Parties in PCA administered proceedings pay no rental fee for use of the hearing and meeting rooms in the Peace Palace, but only expenses that arise in their case, such as registry fees, arbitrators' fees, costs of court reporters, courier charges, catering, fees for interpretation, and the costs of expert evidence and other assistance provided to the tribunal.

 

The PCA does not fix arbitrator fee amounts and does not have a schedule of arbitrators’ fees. These fees are determined by agreement with the parties. The PCA is experienced in facilitating a variety of arrangements for the payment of arbitrators' fees, including individual hourly rates, fixed fees, or the use of a scale.

 

Other costs of PCA arbitration include the costs of expert evidence and other assistance provided to the tribunal, fees and expenses of the appointing authority, and the expenses of the International Bureau, including hearing expenses. Parties to proceedings in which the PCA acts as registry may use the hearing and meeting rooms in the Peace Palace free of charge, and only pay for the services provided for their particular case.

 

The Schedule of Fees and Costs contains information concerning the following:

 

  • Registration fee for arbitrations
  • Registry services
  • Hearing and meeting facilities

 

Financial Assistance Fund

 

The PCA Financial Assistance Fund aims at helping qualifying developing countries meet part of the costs involved in international arbitration or other means of dispute settlement offered by the PCA. A qualifying state may seek such financial assistance by submitting a written request to the Secretary-General. An independent Board of Trustees decides on the request.