Documents and Resources

PCA Award Series
The Indus Waters Kishenganga Arbitration (Pakistan v India): Record of Proceedings 2010-2013

The Indus Waters Kishenganga Arbitration (Pakistan v India) arose out of disputes involving India’s construction and future operation of a hydroelectric plant in India-administered Kashmir. Pakistan initiated arbitral proceedings under the 1960 Indus Waters Treaty in May 2010, and a seven-member tribunal issued its Final Award in December 2013. The proceedings were administered by the Permanent Court of Arbitration (PCA). This volume in the PCA Award Series contains the Tribunal’s Order on Interim Measures of 23 September 2011, Partial Award of 18 February 2013, Decision on India’s Request for Clarification or Interpretation of 20 December 2013, and Final Award of 20 December 2013. Professor John R. Crook of George Washington University, Washington DC, provides an introduction to the Volume in which he examines the tribunal’s rulings and their contribution to international Law.

To order this volume, contact the International Bureau at [email protected] Payment (EUR 30.00 per copy, plus costs of shipping and handling as per this chart) can be made through electronic bank transfer, with reference to “Award Series: Indus”.

An electronic version of this volume can also be accessed through www.kluwerarbitration.com.

Publisher: Permanent Court of Arbitration
ISBN: 978-94-91021-04-6
Softcover, 461 pages, 2014
EUR 30.00 (+ shipping)

Indus Waters Book Cover


The Abyei Arbitration (The Government of Sudan / The Sudan People's Liberation Movement/Army): Final Award of 2009

The Abyei Arbitration arose out of a long-standing conflict between the Government of Sudan and the Sudan People’s Liberation Movement/Army regarding the delimitation of the Abyei area in then central Sudan. The PCA acted as Registry in this arbitration.This ninth volume in the PCA Award Series contains the Tribunal’s Final Award of 22 July 2009, the Dissenting Opinion by H.E. Judge Al-Khasawneh (annexed to the Final Award), and the ‘Arbitration Agreement between The Government of Sudan and the Sudan People’s Liberation Moment/Army on Delimiting Abyei Area’ of 7 July 2008. Professor Vaughan Lowe, Chichele Professor of International Law at Oxford University, and Dr. Antonios Tzanakopoulos of Oxford University provide an introduction to the volume in which they address the contribution of the Abyei arbitration to international law and its importance to the peace process in Sudan.

An Arabic-language version of this book is forthcoming.

To order this volume, contact the International Bureau at [email protected] Payment (EUR 30.00 per copy, plus costs of shipping and handling as per this chart) can be made through electronic bank transfer, with reference to "Award Series: Abyei".

An electronic version of this volume can also be accessed through www.kluwerarbitration.com.

Publisher: Permanent Court of Arbitration
ISBN: 978-94-91021-02-2
Softcover, 469 pages, 2012
EUR 30.00 (+ shipping)

Abyei Award Cover


The Guyana/Suriname Arbitration: Award of 2007

The Guyana/Suriname Arbitration arose out of a long-standing dispute between the two countries over delimitation of their maritime boundary. Guyana initiated arbitral proceedings against Suriname under Annex VII of the United Nations Convention on the Law of the Sea in 2004, and the proceedings were administered by the PCA. This eighth volume in the PCA Award Series contains the Tribunal’s Final Award of 17 December 2007.

Judge Peter Tomka, currently President of the International Court of Justice, provides an introduction to this volume in which he addresses the contribution of the Guyana/Suriname Arbitration to international law and, in particular, to the law of maritime delimitation.

To order this volume, contact the International Bureau at [email protected] Payment (EUR 20.00 per copy, plus costs of shipping and handling as per this chart) can be made through electronic bank transfer, with reference to “Award Series: GU-SU”.

An electronic version of this volume can also be accessed through www.kluwerarbitration.com.

Publisher: Permanent Court of Arbitration
ISBN: 978-94-91021-00-8
Softcover, 208 pages, 2012
EUR 20.00 (+ shipping)

Guyana-Suriname Award Cover


The MOX Plant Case (Ireland-United Kingdom): Record of Proceedings 2001-2008

The MOX Plant Case was an international environmental dispute relating to the authorisation and operation of a mixed oxide (“MOX”) plant on the British coast of the Irish Sea. Ireland commenced arbitral proceedings against the United Kingdom under two different treaties in 2001. The award in the first arbitration, the OSPAR Arbitration, was published in an earlier volume of the PCA Award Series. This volume contains a record of the proceedings from 2001 to 2008 relating to the second arbitration, which was brought under Annex VII of the United Nations Convention on the Law of the Sea and for which the PCA served as registry. This record includes documents from the related proceedings before the International Tribunal for the Law of the Sea and the Court of Justice of the European Communities.

Dr. Nico Schrijver, Professor of International Law and Academic Director of the Grotius Centre for International Legal Studies at Leiden University, provides an introduction to this volume in which he addresses the contribution of the MOX Plant Case to international law as well as the issue of fragmentation in international law.

To order this volume, contact the International Bureau at [email protected] Payment (EUR 20.00 per copy, plus costs of shipping and handling as per this chart) can be made through electronic bank transfer, with reference to "Award Series: MOX".

An electronic version of this volume can also be accessed through www.kluwerarbitration.com.

Publisher: Permanent Court of Arbitration
ISBN: 978-94-91021-01-5
Softcover, 222 pages, 2010
EUR 20.00 (+ shipping)

MOX Plant Award Cover


The Barbados/Trinidad and Tobago Arbitration Award of 2006

The Barbados/Trinidad and Tobago Arbitration Award (2006) is the first ever rendered in a maritime delimitation submitted to arbitration pursuant to Annex VII of the 1982 United Nations Convention of the Law of Sea. The Arbitral Tribunal was called upon to decide the delimitation of the exclusive economic zone and continental shelf in the Caribbean Sea region that separates the two island nations. The Final Award establishes a single maritime boundary between Barbados and Trinidad and Tobago and also requires the two States to take steps to conserve fish stocks and ensure certain fishing rights of Barbadian fishermen who had traditionally fished in Trinidad and Tobago waters.

Bernard H. Oxman, the Richard A. Hausler Professor of International Law at the University of Miami, provides an insightful introduction on the contribution of the Award to the law of maritime delimitation.

To order contact T.M.C. Asser Press
ISSN 1574-1745
167 pages, hardcover, 2009
GBP 45.00

Barbados_Trinidad and Tobago Award Cover


The OSPAR Arbitration (Ireland-United Kingdom) Award of 2003

The “OSPAR” Arbitration (2003) between Ireland and the United Kingdom was the first round in the MOX Plant case concerning their dispute over alleged potential radioactive pollution of the Irish Sea from a mixed oxide (“MOX”) fuel plant at the Sellafield nuclear facility in England. This volume contains the Final Award of the Arbitral Tribunal established pursuant to the dispute resolution procedures of the 1992 Convention for the Protection of the Marine Environment of the North-East Atlantic (“OSPAR Convention”), to decide the dispute concerning Ireland’s request for access to information about the United Kingdom’s decision to commission the MOX plant under Article 9 of the Convention.

The Arbitral Tribunal addressed a relatively narrow legal issue concerning information exchange between States. In doing so, the Tribunal considered the nature and duty of the right to access to information, and the relationship of the OSPAR regime to other legal rules on access to information. Daniel Bodansky, Woodruff Professor of International Law at the University of Georgia, provides a perceptive introduction on the contribution of the OSPAR Award to international law.

To order contact T.M.C. Asser Press
ISBN 978-90-6704-295-6
140 pages, hardcover, 2009
GBP 40.00

OSPAR Award Cover


The Rhine Chlorides Arbitration Concerning the Auditing of Accounts (Netherlands-France) Award of 2004

The Rhine ChloridesArbitration (2004), one of the few international watercourse arbitrations yet conducted, decided the dispute between the Netherlands and France concerning the auditing of accounts in relation to the reduction of chloride discharges into the Rhine River. France was obliged to undertake certain measures under the Additional Protocol of 1991 to the 1976 Convention on the Protection of the Rhine against Pollution by Chlorides, with the costs to be shared between four of the five states parties (the Netherlands, Switzerland, Luxembourg and Germany) according to a specific formula. The Arbitral Tribunal was required to interpret the Protocol in accordance with the law of treaties and decide the method of calculation to be used in the final auditing of financial contributions paid in advance by the Netherlands to France, to determine the amounts to be reimbursed.

The Award was rendered in French, and this unique bi-lingual edition includes its first, unofficial, English translation. An introduction by Professor Laurence Boisson de Chazournes skillfully analyses the Award, discussing the aspects of treaty interpretation that came into play and highlighting the importance of the economic aspects of environmental protection and the management of international watercourses.

To order contact T.M.C. Asser Press
ISBN 978-90-6704-266-6
225 pages, hardcover, 2008
GBP 45.00

Rhines Award Cover


The Iron Rhine (IJzeren Rijn) Arbitration (Belgium Netherlands) Award of 2005

The Iron Rhine Arbitration (or "IJzeren Rijn" as it is known in Dutch) (2005) decided a
dispute between the Kingdom of Belgium and the Kingdom of the Netherlands concerning
the reactivation of the Iron Rhine railway linking the port of Antwerp, Belgium, to the Rhine
Basin in Germany across certain parts of Dutch territory. The Arbitral Tribunal was called
upon to interpret nineteenth century treaties, which granted certain rights to Belgium on the
territory of the Netherlands, and to consider the entitlement of the Netherlands to insist on
conditions specified under Dutch law, particularly with respect to environmental protection,
for reactivation of the railway.

This unique bi-lingual edition comprises the official English version of the Award rendered
in the Iron Rhine Arbitration, and a French translation. In a perceptive introduction, Colin
Warbrick, Professor of Public International Law at the University of Birmingham, has
considered the Award in the context of its contribution to international and European
Community law issues. As Professor Warbrick remarks, the significance of this case will
extend far beyond the interests of the two States involved.

To order contact T.M.C. Asser Press
ISBN 978-90-6704-235-2
314 pages, hardcover, 2007
GBP 60.00 / USD 120.00

Iron Rhine Award Cover


The Bank for International Settlements Arbitration Awards of 2002 and 2003 (with French translation)

The Bank for International Settlements Arbitration (2002 and 2003) concerned the compensation to be paid for privately held shares recalled by the Bank for International Settlements on January 8, 2001. The issues in dispute included the lawfulness of the recall of the shares and the applicable standards for valuation of those shares, the adequacy of the amount paid by the Bank for International Settlements for the recalled shares, and the amount of compensation to be paid. The Tribunal’s awards contribute greatly to existing jurisprudence on matters such as valuation of an expropriated asset, the award of interest, and the right to damages for breach of an arbitration agreement where one party seeks to bring a claim on the merits before a domestic court.

This bi-lingual edition contains the official English version of the awards rendered in the Bank for International Settlements Arbitration, together with the Tribunal’s French translation of the awards. A stimulating and lively introduction is provided by V.V. Veeder, who appraises the contribution of the awards to international law.

To order contact T.M.C. Asser Press
ISBN 978-90-6704-234-5
410 pages, hardcover, 2007
GBP 65.00 / USD 120.00

Bank for Intl Settlements Award Cover


The Eritrea-Yemen Arbitration Awards 1998 and 1999 with French translation

The Eritrea-Yemen Arbitration (1998-1999) is in more than one respect one of the most significant international arbitrations of the end of the twentieth century. It solved the problem of ownership of the southern islands of the Red Sea, the solution of which had been awaited since the end of the First World War. With its recognition of a ‘traditional fishing regime’ and crystallization of the criteria for maritime delimitation, it also made a significant contribution to the development of international law. In the recent case concerning Maritime Delimitations and Territorial Questions between Qatar and Bahrain the awards were cited by the International Court of Justice.

This unique bi-lingual edition brings together in both English and French the two awards rendered in the Eritrea-Yemen Arbitration. In a succinct yet thorough introduction, Jean-Pierre Queneudec, Professor emeritus at the University of Paris I, has distilled the essence of the awards and their contribution to international legal discourse.

To order contact T.M.C. Asser Press
ISBN 90-6704-179-3
572 pages, hardcover, 2005
GBP 90.00 / USD 133.20

Mauritius International Arbitration Conference
The Mauritius International Arbitration Conference 2010: Flaws and Presumptions: Rethinking Arbitration law and Practice in a new Arbitral Seat

MIAC 2010 Cover

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The Mauritius International Arbitration Conference 2010: Flaws and Presumptions: Rethinking Arbitration law and Practice in a new Arbitral Seat

The Mauritius International Arbitration Conference 2012: An African Seat for the 21st Century

MIAC 2012 Cover


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The Mauritius International Arbitration Conference 2012: An African Seat for the 21st Century

The Mauritius International Arbitration Conference 2014: The Litmus Test: Challenges to Awards and Enforcement of Awards in Africa

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The Mauritius International Arbitration Conference 2014: The Litmus Test: Challenges to Awards and Enforcement of Awards in Africa
Mass Claims and Multiparty Arbitration
Multiple Party Actions in International Arbitrations

This volume presents a collection of articles which examine international multiparty arbitration and its attendant problems from both a conceptual and a practical perspective.

The authors, a group of distinguished academics, jurists and practitioners widely regarded as experts in the field, cover important topical issues such as: who are the proper parties to arbitration; consent to arbitrate; joinder of parties and consolidation of arbitral proceedings; arbitral procedures where multiple parties are involved; procedures of arbitral institutions and the challenges of administration of multiparty arbitrations; specific aspects of investment arbitrations involving multiple parties; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

This volume comprises:

PART I: DEFINING THE PROBLEM: WHO ARE THE PROPER PARTIES TO ARBITRATION?
Non-signatories and International Arbitration: An Arbitrator's Dilemma by William W. Park
Multiple Parties and Multiple Contracts in International Arbitration by Bernard Hanotiau
"Consent" to Arbitral Jurisdiction: Disputes with Non-signatories by Alan Scott Rau
Beyond Consent: Applying Alter Ego and Arbitration Doctrines to Bind Sovereign Parents by Timothy Tyler, Lee Kovarsky and Rebecca Stewart
Extension of the Arbitration Clause to Non-Signatories under French Law by Pierre Mayer

PART II: THE INSTITUTIONAL PERSPECTIVE
Multiparty Arbitration: The ICC International Court of Arbitration Perspective by Anne Marie Whitesell
Multiple Parties, Multiple Problems: A View from the London Court of International Arbitration by Adrian Winstanley
Consolidation ofArbitral Proceedings in the Netherlands: The Practice and Perspective of the Netherlands Arbitration Institute by Jan Willem Bitter

PART III: MULTIPLE PARTIES AND INVESTMENT ARBITRATION
Multiple Claimants in Investment Arbitration: Shareholders and Other Stakeholders by R. Doak Bishop
Multiple Party Investment Dispute Resolution: Who are the Proper Parties? by Alexandra Koutoglidou
The Manifold Respondent: Multiparty Issues Involving States in Investor-State Arbitration by Vaughan Lowe

PART IV: MASS CLAIMS AND CLASS-WIDE ARBITRATION
Arbitrating Mass Investor Claims: Lessons of International Claims Commissions by Veijo Heiskanen
The Administration of Class Action Arbitrations by Eric P. Tuchmann
Class-wide Arbitration in California by Richard Chernick

PART V: ENFORCEMENT ISSUES
The Globalization of American Class Actions: International Enforcement of Class Action Arbitral Awards by Alexander Blumrosen
Complex Arbitration: Issues in Enforcement and Annulment Actions of Arbitral Awards under French Law by Dominique T. Hascher

PART VI: PRACTICAL SOLUTIONS TO MULTIPARTY PROBLEMS
Multiparty Arbitration in the Construction Industry by John Marrin

Price: £69.95 (Hardback)
ISBN: 978-0-19-955172-9
Publication date: 25 January 2009
368 pages, 246mm x 171mm
To order contact Oxford University Press

Multiple Party Actions Cover


Redressing Injustices Through Mass Claims Processes: Innovative Responses to Unique Challenges

This volume presents a collection of studies on innovative responses to the unique challenges of resolving large numbers of claims arising from common, often tragic, circumstances—mass claims. The mass claims processes discussed in this volume were created in the aftermath of war or other atrocities, and redress is often an important component of settlement for the victims. The authors consider mass claims processes both from a conceptual and a practical perspective through lessons learned over twenty-five years.

The book covers innovations to speed mass claims processes by means of new standards of proof and the use of information technology, as well as specific mass claims processes: the United Nations Compensation Commission; the Austrian General Settlement Fund; the French Commission for the Compensation of Victims of Spoliation; the German Forced Labour Compensation Programme; and the reparations provisions of the Statute of the International Criminal Court. From a North American perspective, authors address the litigation of mass claims involving slavery under United States law, the United States Indian Claims Commission, and the successful completion of the September 11th Victim Compensation Fund. In addition, Volume 1 of the Final Report of the Special Master of the September 11th Victim Compensation Fund is reprinted in its entirety.

The responses of the international community to current issues of compensation and reparations, the role of civil society actors in reparations legislation, and recent instruments adopted by the Council of Europe and the United Nations Commission on Human Rights are also reviewed.

This volume comprises:

PART I: INNOVATIONS TO SPEED MASS CLAIMS: NEW STANDARDS OF PROOF AND USES OF INFORMATION TECHNOLOGY
The Concept of Mass Claims and the Specificity of Mass Claims Processes by Hans Das
Innovations to Speed Mass Claims: New Standards of Proof by Jacomijn van Haersolte-van Hof
Virtue Out of Necessity: International Mass Claims and New Uses of Information Technology by Veijo Heiskanen

PART II: PAST AND CURRENT MASS CLAIMS PROCESSES: LESSONS LEARNED
Mass Claims Processes: Lessons Learned Over Twenty-Five Years by John R. Crook
Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission by Rajesh Singh
The Austrian General Settlement Fund: An Overview by Hannah Lessing, Richard Rebernik and Nicola Spitzy
Processing Claims for “Other Personal Injury” Under the German Forced Labour Compensation Programme by Edda Kristjánsdóttir and Barbora Simerova
The French Commission for the Compensation of Victims of Spoliation: A Critique by Eric Freedman
The United States Indian Claims Commission: A Remedy for Ancient Wrongs, A Source of New Wrongs by Thomas E. Luebben
Litigating Mass Claims Involving Slavery and Jim Crow under United States Law by Roy L. Brooks
Compensating the Families and Victims of September 11th: An Alternative to the American Tort System by Kenneth R. Feinberg

PART III: REPARATIONS: RECOURSE TO JUSTICE
The Role of Civil Society Actors in Reparations Legislation by Andrea Armstrong
Compensation for Victims of Terrorism: The Council of Europe’s 2005 Guidelines on the Protection of Victims of Terrorist Acts
Codifying the Rights of Victims in International Law: Remedies and Reparation by Gabriela Echeverria
The Reparations Provisions for Victims Under the Rome Statute of the International Criminal Court by Gilbert Bitti and Gabriela Gonzales Rivas

PART IV: APPENDIX
Final Report of the Special Master of the September 11th Victim Compensation Fund, Vol. 1

Price: £60.00 (Hardback)
ISBN-10: 0-19-929793-2
ISBN-13: 978-0-19-929793-1
Publication date: 23 February 2006
544 pages, 234mm x 156mm
To order contact Oxford University Press

Mass Claims Processes Cover

Peace Palace Papers Series
Volume 1: Institutional and Procedural Aspects of Mass Claims Settlement Systems

This volume contains the papers emanating from the semi-annual International Law Seminars organized by the PCA in the Peace Palace. The first seminar was held on December 9, 1999, and dealt with Institutional and Procedural Aspects of Mass Claims Settlement Systems. Four speakers from Europe and the United States, recognized experts in their field, shared their practical experience with the respective systems dealing with mass claims. This volume offers the reader a bird’s-eye view of major mass claims settlement systems currently operational, and provides useful insights for persons charged with the establishment of new international claims settlement tribunals.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Mass Claims Systems: Potentials and Pitfalls by Judge Howard M. Holtzmann
Institutional and Procedural Aspects of Mass Claims Settlement Systems: the Iran-United States Claims Tribunal, by Lucy Reed
Institutional and Procedural Aspects of Mass Claims Settlement Systems: the United Nations Compensation Commission, by Norbert Wühler
Mass Property Claim Resolution in a Post-War Society: The Commission for Real Property Claims in Bosnia and Herzegovina, by Hans van Houtte
Institutional and Procedural Aspects of Mass Claims Litigation and Settlement: The Exxon Valdez and Bhopal Gas Disaster Cases, by Kenneth F. McCallion
Arbitration Principles Prove Effective in Resolving Holocaust Bank Claims, by Lucy Reed
Annexes

Paperback, ISBN 90-411-1406-8
May 2000, 194 pp.
€ 66.50 / US$ 66.50


Volume 2: International Investments and the Protection of the Environment: The Role of Dispute Resolution Mechanisms

The second volume in the PCA’s ’Peace Palace Papers’ series reproduces the papers presented at the PCA’s International Law Seminar on May 17, 2000, on the role of dispute resolution mechanisms in the field of international investment and protection of the environment. This initiative was inspired by the convergence of two recent developments: a rapid growth in direct foreign investment, and a sharp increase in environmental consciousness. Prominent experts, including the Dutch Minister for the Environment, Mr. Jan Pronk, examine the inherent conflicts between the norms that underpin both areas. This relatively unexplored field of international law is likely to become a permanent and expanding feature of the international agenda, as well as a challenge to national and international courts and tribunals. Valuable additional contributions to this publication include a detailed French summary of the seminar papers, and an elaborate set of guidelines for negotiating and drafting dispute settlement clauses for international environmental agreements.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Keynote Address, by Jan Pronk
Moderator’s Introduction, by Philippe Sands
The Implications of National and International Environmental Obligations for Foreign Investment Protection Standards, Including Valuation: A Report from the Front Lines, by Charles N. Brower and Eckhard R. Hellbeck
International Disciplines on National Environmental Regulation: With Particular Focus on Multilateral Treaties, by Thomas W. Wälde
International Investment and Environment Protection: Notes on the Environmental Conditions of Investments in the Oil and Mining Sectors by Mohammed Abdelwahab Bekhechi
Ensuring Proper Environmental Conduct and Avoiding Disputes Through the Use of Business Principles, by David Allwood
The Role of Dispute Settlement Mechanisms in the Protection of the Marine Environment in Cases Concerning Economic Activities in the Sea and Seabed by Tullio Treves
On the Settlement of Investment and Environment Disputes - Remarks from the Floor by Lother Günding
Recent Trends in International Water Law Dispute Settlement, by Atilla Tanzi
A Brief Practitioner’s View of Foreign Investment and International Environmental Standards: the Developing Custom of Non-State Practice, by Robert G. Volterra and Alice Bisiaux
French Summary of the Seminar
International Resolution of Environmental Disputes and the Bhopal Catastrophe, by Kenneth F. McCallion and H. Rajan Sharma
Guidelines for Negotiating and Drafting Dispute Settlement Clauses for International Environmental Agreements, by Philippe Sands and Ruth MacKenzie

Paperback, ISBN 90-411-1588-9
May 2001, 350 pp.
€ 80.00 / US$ 70.00


Volume 3: Arbitration in Air, Space and Telecommunications Law: Enforcing Regulatory Measures

The third volume of the PCA’s Peace Palace Papers Series, published by Kluwer Law International in February 2002, reproduces the papers presented at the Third International Law Seminar held at the Peace Palace on February 23, 2001. This Seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation ("EUROCONTROL"), addressed a topic of compelling interest to both practitioners and students of international law: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities.

In this publication, prominent experts examine the international instruments in air, space and telecommunications law and the need for a supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the roles of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement and the need for specialist expertise are also considered.

This volume also includes a French language summary of the seminar papers, and reproduces texts of the EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Moderator’s Introduction, by Karl-Heinz Böckstiegel
International Instruments in Air, Space and Telecommunications Law: the Need for a Mandatory Supranational Dispute Settlement Mechanism, by Brian Havel
The Development of an Arbitration Policy in the Context of the Revised EUROCONTROL Convention, by Roderick van Dam
Arbitration in Aviation: The Ultimate Remedy?, by John Balfour
Arbitration in Air Law Conflicts, by Jacques Naveau
Types of Awards and Issues of Enforcement: Some Reflections on the EUROCONTROL Revised Convention, by Nicolas C. Ulmer
Enforcement of EUROCONTROL Awards: Are Honor (And Shame) Enough?, by Brian King
The European Space Agency’s Experience with Mechanisms for the Settlement of Disputes, by André Farand
Experience of the European Space Agency with Dispute Settlement Mechanisms, by Ulrike M. Bohlmann
The Various Approaches to Dispute Settlement Concerning International Telecommunications, by Alfons A.E. Noll
Pre-Arbitration Procedures and the EUROCONTROL Arbitration Mechanism, by Peter Malanczuk
Pre-Arbitration Procedures, by Jan K. Schaefer
Expedited Procedures: A Review of the EUROCONTROL Arbitration Policy, by Jacomijn J. van Haersolte-van Hof
Are Specific Fast-Track Arbitration Rules Necessary?, by Mirèze Phillippe
Arbitration and the Need for Technical or Scientific Expertise, by Gabrielle Kaufmann-Kohler
Composition of Arbitral Tribunals: The Need for Experts, by Hans van Eck
General Observations, by Gilbert Guillaume
Closing Remarks, by Karl-Heinz Böckstiegel
French Summary of the Seminar
Annexes

Paperback, ISBN 90-411-1773-3
February 2002, 364 pp.
€ 90.00 / US$ 90.00


Volume 4: Strengthening Relations with Arab and Islamic Countries Through International Law: E-Commerce, the WTO Dispute Settlement Mechanism and Foreign Investment

The fourth volume of the PCA’s Peace Palace Papers Series, published by Kluwer Law International in December 2002, reproduces the papers presented at the Fourth International Law Seminar held at the Peace Palace on October 12, 2001. This Seminar, which was jointly organized with the Arab Union of International Arbitration, focused on strengthening relations with Arab and Islamic countries in three specific areas: electronic commerce, the World Trade Organization’s dispute settlement mechanisms and foreign investment. In this publication, experts from the Middle East, Europe and North America examined these and other issues from their unique perspectives. The authors point out that not only is free and liberal trade deeply rooted in the culture of Islam: Shari’a law urges the accommodation of all kinds of knowledge, including the technological environment necessary for e-commerce. They point the way to full participation by Arab and Islamic countries in the world economic community.

This volume also includes a French language summary of the papers.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Opening Remarks, by Prince Dr. Bandar Bin Salman Bin Mohammad Al-Saud
General Observations, by Gilbert Guillaume
E-COMMERCE
The Potential Effect on E-Commerce: Developments on International Treaties, by Richard Naimark
Islamic Law, Globalization and Emerging E-Commerce Technologies, by Jane Winn
E-Commerce in the Arab World: Issues, Challenges and Opportunities, by Nagla Rizk
Developments in E-Commerce in the Arab World by Abdul Hamid El Ahdab
E-Commerce Through the Lens of Sharia Law, by M.I.M. Aboul-Enein
Strengthening Relations with the Arab World through Dispute Resolution, by Anthony Connerty
Doing E-Business in the European Union - The Non-Member State Perspective: A Snapshot of Private International Law
Issues in E-Commerce, by Jens Haubold
THE WTO DISPUTE SETTLEMENT MECHANISM
Islamic (Shari'a) Law and the Commitments to the World Trade Organization Agreements (A Brief Study), by M.I.M. Aboul-Enein
Benefits Gained by Joining the WTO, by Abdul Hamid El Ahdab
Peace and Prosperity Through Trade, by Debra P. Steger
The WTO Dispute Settlement System and Arab and Islamic Countries, by Peter Van den Bossche
Do Regional Agreements/Treaties Create Legal Issues Under the WTO Dispute Settlement Mechanism?, by Yves Renouf
The World Trading System, the WTO and Dispute Settlement, and Arab and Islamic Countries, by Don Wallace, Jr.
FOREIGN INVESTMENT
State Party “Investment” Disputes, by Horacio A. Grigera Naon
Foreign Direct Investment in Arab Countries: A Guide to Better Understanding Islamic Financial Doctrine, by James D. Fry and J. Michael Taylor
Is There an Arbitration Crisis in the Arab World?, by Abdul Hamid El Ahdab
Enhanced Practices for Solving Foreign Investment Disputes with Arab and Islamic Countries, by Nabil N. Antaki

Paperback, ISBN 90-411-1972-8
November 2002, 368 pp.
€ 90.00 / US$ 90.00 / £ 58.00


Volume 5: Resolution of International Water Disputes

This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar’s distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources – water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
UNESCO Hydrological Programme: International Potential Conflict to Co-operation Potential Keynote Address, by Sir Robert Jennings
Resolution of International Water Disputes: Challenges for the 21st Century, by Surya P. Subedi
Water Disputes Defined: Characteristics and Trends for Resolving Them, by Stephen C. McCaffrey
The Role of Diplomatic Means of Solving Water Disputes: A Special Emphasis on Institutional Mechanisms, by Laurence Boisson de Chazournes
Universal and Regional Approaches to Resolving International Water Disputes: What Lessons Learned from State Practice?, by Patricia Wouters
Good Offices and Mediation and International Water Disputes, by Salman M.A. Salman
The Role of Third Parties in Promoting Collective Action Among Riparians, by Eyal Benvenisti
Judicial Means for Settling Water Disputes, by Lucius Caflisch
The Judgment of the International Court of Justice in the Case Concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia), by Stephen M. Schwebel
Emerging Trends in the Role of Non-State Actors in International Water Disputes, by Attila Tanzi and Cesare Pitea
Non-State Actors and International Water Disputes: A Search for the Nexus Between the Local and the Global, by Ellen Hey
Water in Times of Armed Conflict, by Mara Tignino
Resolution of Water Disputes: Lessons from the Middle East, by Edda Kristjánsdóttir
Prospects for the Future of International Water Law: the View Projected by the Epistemic Community, by Paulo Canelas de Castro
Concluding Remarks, by Philippe Sands

Paperback, ISBN 90-411-2029-7
February 2003, 456 pp.
€ 90.00 / US$ 90.00 / £ 57.60


Volume 6: Internationalization of Labor Dispute Settlement

This sixth volume of the Peace Palace Papers reproduces the presentations delivered at the Permanent Court of Arbitration’s International Law Seminar "Labor Law Beyond Borders: ADR and the Internationalization of Labor Disputes." Labor and employment issues at the international level often evoke heated emotions, which tend to darken the bright horizon of globalization propounded by advocates of unrestricted economic development. It is essential to find a balance between core labor rights and labor market flexibility, as both are necessary ingredients for healthy economic and social development. One important tool in promoting the amicable development of these interests is effective dispute resolution. There are problems both of access and accountability in this realm – access for individuals to a process by which the violation of labor rights may be redressed, and accountability for multinational corporations who may violate those rights, or states who may neglect to enforce them. The illustrious Seminar panelists whose papers appear here explored a range of questions vital to the current dialog on the use of alternative dispute resolution methods in international labor law. For instance, how can individuals gain access to enforcement mechanisms to vindicate their labor rights? Will several recently concluded state-to-state labor cooperation agreements make a real difference in trade and employment negotiations in those countries, or in the observance of ILO Conventions in developing countries, or should the dispute resolution provisions in such agreements be strengthened by the inclusion of compulsory procedures? The papers in this volume examine these and a range of other important issues. The authors’ illuminating critiques and suggestions for the improvement of current dispute resolution schemes, or the design of new ones, point the way forward to a strong and egalitarian international labor law so necessary now in humanity’s era of economic globalization.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Keynote Address, by Cherie Booth, Q.C.
Mapping International Labor Disputes: An Overview, by Bob Hepple, Q.C.
Internationalization of Labor Disputes: Can ADR Mechanisms Help?, by Theodore J. St. Antoine
The Significance of International Labor Norms for the Settlement of Cross-Border Disputes, by Lammy Betten
Labor Relations and International Labor Rights: The Role of Private Labor Rights Initiatives, by Auret van Heerden and John Salem Shubash II
The Advantages and Disadvantages and the Potential Usefulness of Alternative Dispute Resolution of Interstate Labor Disputes, by J. Christopher Thomas, Q.C.
ADR and the Settlement of International Labor Disputes: A Proposal for Conciliation through the Permanent Court of Arbitration, by Arnold Zack
Possible Role of Optional Rules for Arbitration and/or Conciliation of Labor Disputes: Problems and Pitfalls, by Karon Monaghan
Core Labor Rights and Labor Market Flexibility: Two Paths Entwined? by Kerry Rittich
Concluding Remarks, by Julie Quinn
Labor Law Beyond Borders: General Observations for the PCA, by Arnold Zack

Paperback ISBN 90-411-2202-8
June 2003, 226 pp.
€ 75.00 / US$ 86.00 / £ 53.00


Volume 7: Resolution of Cultural Property Disputes

This seventh volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 7th International Law Seminar, The Resolution of Cultural Property Disputes, held at the Peace Palace in The Hague on May 23, 2003 and attended by world-renowned legal experts and professionals from art institutions.

The looting of the National Museum of Iraq in Baghdad during the Second Gulf War is only the most recent example of the depredation of cultural property that can be part of the tragic human cost of war. Brazen pillage causes the world an irretrievable loss of significant information about our universal past. Given the magnitude of the problem, it is surprising how little international jurisprudence there is in this field. Furthermore, more than 50 years on, many Holocaust-era cases of looted or stolen art remain unresolved and continue to emerge. In this volume, several authors discuss the range of resources, such as internet databases, now available for art provenance research, especially for cases related to World War II.

Cultural property disputes raise complicated questions that enter into many spheres, including history, national and international law, and of course, the marketplace. Because of the wide variety of legal norms and the cross-border nature of most cultural property claims, complicated conflict of law issues inevitably arise.

As several of the authors in this volume note and examine from various angles, cultural property claims run up against differing and sometimes prohibitive limitation periods, evidentiary standards, not to mention competing claims of good faith acquisition of property. A number of contributors note that traditional legal norms are often incapable of addressing the special problems of cultural property and recommend the institution of special arbitral regimes equipped with unique substantive and procedural rules capable of handling such cases.
The volume also contains a number of helpful Annexes, including the June 2004 decision of the U.S. Supreme Court in Republic of Austria et al. v. Altmann, which may open the doors of the U.S. court system to a variety of long-standing claims against foreign governments.

The following contributions make up this volume:
Introduction, by Tjaco T. van den Hout, Secretary-General of the PCA
Keynote Address: The Prospects for the Recovery of Cultural Heritage Looted from Iraq, by Lyndel V. Prott
Claims for Works of Art and their Legal Nature, by Wojciech Kowalski
The Resolution of Cultural Property Disputes: Some Issues of Definition by Kathryn Last
Provenance and Auction Houses, by Lucian J. Simmons
Provenance and Museums, by Nancy H. Yeide
Responding to World War II Art Looting, by Lyndel V. Prott
Recovering Looted Jewish Cultural Property by Constance Lowenthal
The Temptations of the “Total” Database, by Konstantin Akinsha
Four Levels and a Database: The Work of the Koordinierungsstelle für Kulturgutverluste and www.lostart.de, by Michael Franz
Who Wins the War against Art Booty and Art Theft?, by Thomas Wessel
Legal Issues Associated with Restitution – Conflict of Law Rules Concerning Ownership and Statutes of Limitation, by Michael H. Carl
Claims for Looted Cultural Assets: Is There a Need for Specialized Rules of Evidence?, by Hans Das
Stolen Art: The Ubiquitous Question of Good Faith, by Marc-André Renold
Litigation, The Best Remedy?, by Norman Palmer
Using Arbitral Tribunals to Resolve Disputes Relating to Holocaust-Looted Art, by Owen Pell
The Holocaust and World War II Looted Art: Arbitrated between Great Dreams and Reality, by Hannes Hartung
Closing Remarks, by Teresa Giovannini
Annexes

Paperback, ISBN 90-411-2288-5
2004, 463 pp.
€ 90.00 / US$ 90.00 / £ 57.60

Other Publications
Permanent Court of Arbitration Summaries of Awards 1999-2009

Edited by: Belinda Macmahon and Fedelma Claire Smith

Over the decade December 1999 to August 2009, fifteen arbitral tribunals and commissions for which the Permanent Court of Arbitration (PCA) in The Hague provided registry services rendered thirty-one public awards and decisions. These arbitrations have all addressed matters of international significance, such as, inter alia, State sovereignty, the interpretation of treaties, the delimitation of land and maritime boundaries, the laws of armed conflict (jus in bello and jus ad bellum), human rights, the law of the sea, environmental law, and the protection of foreign investors. They include four arbitrations brought under Annex VII of the 1982 United Nations Convention of the Law of the Sea; the recently concluded arbitration between the Government of Sudan and the Sudan People’s Liberation Movement/Army; and the two commissions established by the December 2000 peace agreement signed by Eritrea and Ethiopia, the Eritrea-Ethiopia Boundary Commission and the Eritrea-Ethiopia Claims Commission.This volume contains detailed, concise summaries of those thirty-one awards, and a critical analysis of the PCA’s contribution to international law and international dispute resolution by Professor J.G. Merrills, Professor of International Law at the University of Sheffield, United Kingdom.
This collection will be an invaluable research tool for academics and practitioners of public international law and related disciplines, and for anyone wishing to gain an insight into the work of the PCA in recent years.

250 pp, hard cover, 2010
To order contact: T.M.C. Asser Press
ISBN 978-90-6704-319-9


The Permanent Court of Arbitration: The Hague Peace Conferences of 1899 and 1907 and International Arbitration - Reports and Documents

Compiled and edited by: Shabtai Rosenne

This volume contains the English translation of the original documentation, which was only available in French, under which the PCA was established at the First Hague Peace Conference of 1899, and its continuation at the Second Hague Peace Conference of 1907. The volume contains a forward by the Secretary General of the PCA, Tjaco T. van den Hout, and a detailed introduction by Professor Shabtai Rosenne. It incorporates the reports of the respective Commissions of each Conference dealing with the pacific settlement of international disputes and the Permanent Court of Arbitration, together with the proposal of the Second Conference for a permanent court of arbitral justice. The reports of the Commissions in the 1899 and 1907 Conferences contain a full account of the considerations that prevailed in the negotiation of every provision of each Convention, and are authoritative commentaries on each Convention. This important book will facilitate access to the drafting history of the 1899 and 1907 Hague Peace Conventions and as such will be of interest to practitioners, historians and scholars of international law.

Hardbound, ISBN 90-6704-134-3
October 2001, 488 pp.
To order contact: T.M.C. Asser Press


International Alternative Dispute Resolution: Past, Present and Future - The Permanent Court of Arbitration Centennial Papers

Edited by: The International Bureau of the Permanent Court of Arbitration

Marking 100 years of international dispute resolution at the PCA, the Centennial Papers record current developments and potential innovations in international arbitration, and propose future goals in the continuing evolution of alternative dispute resolution.

This collection features speeches from the PCA’s Centenary Celebration, delivered at the Centenary Meeting of the PCA’s Administrative Council and at the 1999 PCA Members’ Conference. It also contains proceedings pertaining to the PCA from the conferences celebrating the 100th Anniversary of the 1899 Peace Conference (the Hague and St. Petersburg Governmental Conferences and the Hague Appeal for Peace), as well as additional material on the PCA’s expanding role in resolving international disputes.

To order contact: www.kluwerarbitration.com.


The Permanent Court of Arbitration: International Arbitration and Dispute Resolution - Summaries of Awards, Settlement Agreements and Reports

Since its creation at the epoch-making Hague Peace Conference of 1899 – which was attended by 26 states – the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court’s tribunals have prevented international 'incidents' and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations. This volume reveals the modernity of this venerable institution. The record contained in these pages will provide powerful guidance to practitioners engaged in international dispute resolution.
This centenary publication is an enormously valuable resource for international lawyers and arbitrators. It provides:

detailed summaries of all the awards, decisions and reports rendered by both arbitral tribunals and conciliation commissions, as well as by fact-finding commissions of inquiry, appointed by the Court throughout its hundred-year history;
a penetrating analysis of the signal contributions of the Permanent Court of Arbitration to international law and dispute resolution;
expert commentary on some of the procedural challenges faced and resolved by the Iran–United States Claims Tribunal.

Paperback, ISBN 90-411-1224-3
September 2002, 318 pp. (reprint)
To order contact: www.kluwerarbitration.com.

Annual Reports
Annual Report 2016

Over the course of 2016, the Permanent Court of Arbitration administered 148 cases, 40 of which were initiated in 2016, including 7 inter-State arbitrations; 86 investor-State arbitrations arising under bilateral/multilateral investment treaties and national investment laws; 51 arbitrations arising under contracts involving a State, intergovernmental organization, or other public entity; and 4 other disputes. The PCA also received 49 requests relating to its appointing authority services.

PCA annual report 2016


Annual Report 2015

Over the course of 2015, the Permanent Court of Arbitration administered 138 cases, 42 of which were initiated in 2015, including 8 inter-State arbitrations; 76 investor-State arbitrations arising under bilateral/multilateral investment treaties and national investment laws; 44 arbitrations arising under contracts involving a State, intergovernmental organization, or other public entity; and 7 other disputes. The PCA also received 42 requests relating to its appointing authority services.

With its accession to the 1907 Hague Convention for the Pacific Settlement of International Disputes on 22 March 2015, the Republic of Georgia became the 117th Contracting Party of the PCA.

PCA annual report 2015

2015 – 115th Annual Report

Annual Reports 1999-2014

2014 – 114th Annual Report
2013 – 113th Annual Report
2012 – 112th Annual Report
2011 – 111th Annual Report
2010 – 110th Annual Report
2009 – 109th Annual Report
2008 – 108th Annual Report
2007 – 107th Annual Report
2006 – 106th Annual Report
2005 – 105th Annual Report
2004 – 104th Annual Report
2003 – 103rd Annual Report
2002 – 102nd Annual Report
2001 – 101st Annual Report
2000 – 100th Annual Report
1999 – 99th Annual Report
ICCA Publications
Introduction

Pursuant to a cooperation agreement between the Permanent Court of Arbitration and ICCA (International Council for Commercial Arbitration), all ICCA publications are prepared at the PCA, where the staff gathers and edits relevant information under the supervision of renowned international arbitration practitioners.

ICCA’s Governing Board is composed of about 40 members who are recognized specialists in the field of international commercial arbitration; over 1,000 dispute resolution specialists constitute ICCA’s general membership.

ICCA publications comprise: the Yearbook Commercial Arbitration (Acting General Editor: Albert Jan van den Berg); the International Handbook on Commercial Arbitration (Acting General Editor: Lise Bosman) and the ICCA Congress Series (Acting General Editor: Albert Jan van den Berg). In 2011, the first edition of ICCA's Guide to the Interpretation of the 1958 New York Convention was added to this list. The first two volumes in the ICCA Reports series appeared in 2014 and 2015.


Yearbook Commercial Arbitration

Since 1976, the Yearbook Commercial Arbitration has provided an annual update on key developments in arbitration, including: court decisions applying the 1958 New York Convention and other major multilateral arbitration conventions; court decisions on arbitration from around the world ; institutional and ad hoc arbitral awards; updates on developments in arbitration law and practice; and a bibliography of the latest publications.

Available at http://www.arbitration-icca.org/publications.html.


International Handbook on Commercial Arbitration

The International Handbook on Commercial Arbitration, published in hard copy, in loose-leaf form and in electronic form in the Kluwerarbitration database, contains detailed National Reports by local arbitration experts in over seventy-five jurisdictions, describing common practice and new trends in arbitration. Texts of relevant legislation are annexed to the National Reports.

Available at http://www.arbitration-icca.org/publications.html.


ICCA Congress Series

The ICCA Congress Series consists of reports and commentary presented at ICCA’s Congresses which take place biennially at venues throughout the world.

Available at http://www.arbitration-icca.org/publications.html.


ICCA’s Guide to the Interpretation of the 1958 New York Convention

ICCA’s Guide to the Interpretation of the 1958 New York Convention covers the essential aspects of the scope, interpretation and application of the Convention. It is principally – though not solely – aimed at judges determining applications under the Convention.

The Guide has been translated into multiple languages. The Guide and its translations can be downloaded for academic use through the ICCA website at http://www.arbitration-icca.org/publications/NYC_Guide.html.

ICCA’s Guide to the Interpretation of the 1958 New York Convention

ICCA Reports

The ICCA Reports publish papers prepared by ICCA interest groups and project groups.

All ICCA Reports and their translations can be downloaded through the ICCA website at http://www.arbitration-icca.org/publications/NYC_Guide.html.

For additional updated information regarding all ICCA Publications, consult ICCA’s website http://www.arbitration-icca.org or e-mail the Editorial Staff at [email protected].




The ICCA Reports No. 1: Young ICCA Guide on Arbitral Secretaries
The ICCA Reports No. 2: The ICCA Drafting Sourcebook for Logistical Matters in Procedural Orders