30 August 2021

PCA Press Release: Signature of Memorandum of Understanding between the PCA and UCT

A Memorandum of Understanding (MOU) was concluded between the PCA and the Law Faculty of the University of Cape Town (UCT) at a virtual ceremony held on 19 August 2021. The MOU was signed by the PCA Secretary-General, Hugo H. Siblesz, the Dean of the UCT Law Faculty, Professor Danwood Chirwa, and the Head of the UCT Commercial Law Department, Professor Debbie Collier. Also present was the PCA Counsellor to the Secretary General for South Africa, PCA Senior Legal Counsel, Lise Bosman. The address made by the PCA Secretary-General at the ceremony is reproduced below.

The MOU establishes a framework for the two entities to work together towards strengthening the PCA’s presence in South Africa, and strengthening the dispute resolution capacity of UCT Law Faculty staff and students.

Key elements of the MOU include: establishment of a Fellowship Programme for UCT graduates at the PCA’s Headquarters in The Hague; creation of the positions of PCA Representative in South Africa and PCA Counsellor to the Secretary-General for South Africa; and availability of the UCT Law Faculty’s celebrated Oliver Tambo Moot Court for the holding of PCA arbitration and conciliation hearings and meetings.

The PCA has signed cooperation agreements with other arbitration institutions and international organizations worldwide. Click here for more information.

Address by the PCA Secretary General

“It is my pleasure to represent the PCA today at the signing of our Memorandum of Understanding (MOU) with the Law Faculty of the University of Cape Town (UCT), which I am certain will mark the beginning of a long and fruitful partnership.

As you may know, the PCA has entered into cooperation agreements with 38 other institutions around the world to promote mutual assistance and the sharing of expertise in the field of international dispute resolution. These agreements offer mutual benefits for the signatory institutions, enhancing accessibility of services and international collaboration in the execution of dispute resolution services. They are also key tools for the promotion of alternative dispute resolution methods worldwide and contribute to a smoother functioning of the international arbitration system.

The PCA is delighted that the next chapter of the PCA’s global outreach should be with UCT. In recent years, the PCA has seen an increase in the number of arbitrations we administer involving an African party, as well as active attempts within the international arbitration community to return dispute resolution services involving African parties to the African continent. Through its long-term cooperation with the International Council for Commercial Arbitration (ICCA), in recent years the PCA has contributed to the creation of the pan-African African Arbitration Association, and to the training of African judges and practitioners in dispute resolution matters. The PCA has also had a Regional Facility Agreement in place with the South African government since April 2007, which seeks to provide suitable hearing spaces and support for PCA cases involving African parties taking place in South Africa. This MOU will considerably assist towards achieving that goal, through offering access to the Law Faculty’s Oliver Tambo Moot Court for PCA arbitration and conciliation hearings and meetings.

Against the background of what might be termed a renaissance of arbitral practice across the African continent, UCT – as the premium university in Africa – is a natural partner for the PCA. The Law Faculty offers not only internationally respected undergraduate and postgraduate legal training, including graduate programmes in dispute resolution, but the university as a whole excels in specialized research and training focused on Africa. A key element of the MOU that we will sign today involves academic and professional exchange: the PCA will appoint a PCA Representative in South Africa linked to the UCT Law Faculty, and has created a Fellowship Programme at the PCA’s Headquarters in The Hague for graduates of UCT’s LLM programme, thus creating opportunities for UCT Law Faculty staff and graduates for greater international engagement.

We hope that this MOU will facilitate academic capacity-building for UCT staff and law graduates, strengthening UCT’s teaching and research capacity in the field of international dispute settlement. We also hope that it will enable the PCA to strengthen its presence and activities in South Africa, in furtherance of the goals set forth in the 2007 Regional Facility Agreement with the Government of South Africa.

The PCA looks forward to working together with the University of Cape Town towards our common objectives as reflected in the MOU. Thank you very much.”

Background on the Permanent Court of Arbitration

The Permanent Court of Arbitration is an intergovernmental organization established by the 1899 Hague Convention on the Pacific Settlement of International Disputes. The PCA has 122 Contracting Parties. Headquartered at the Peace Palace in The Hague, the Netherlands, the PCA facilitates arbitration, conciliation, fact-finding, and other dispute resolution proceedings among various combinations of States, State entities, intergovernmental organizations, and private parties. The PCA’s International Bureau is currently administering 7 inter-State disputes, 107 investor-State arbitrations and 69 under contracts or other agreements involving a state or other public entity. More information about the PCA can be found at www.pca-cpa.org.

Contact: Permanent Court of Arbitration
E-mail: [email protected]