PCA Arbitration Rules

The PCA Arbitration Rules 2012 (with Optional Protocols adopted in 2024) are the PCA’s newest set of procedural rules, which parties may use for the arbitration of disputes involving various combinations of states, state-controlled entities, intergovernmental organizations, and private parties.

The PCA Arbitration Rules are a consolidation of four prior sets of PCA procedural rules:

• 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).

The PCA Arbitration Rules have also been updated in light of the revisions to the UNCITRAL Arbitration Rules and the PCA’s experience with its existing procedural rules and the UNCITRAL Arbitration Rules. The PCA Arbitration Rules do not replace the previous PCA Rules listed above, which remain valid and available.

Model arbitration clauses for use in connection with the PCA Arbitration Rules, which 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 Rules and can be downloaded from the Model Clauses and Submission Agreements link below.

The PCA Arbitration Rules 2012 (with Optional Protocols adopted in 2024) 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.

In accordance with the mandate given by the PCA Administrative Council on 23 November 2017, the International Bureau later reconvened the Drafting Committee to propose Optional Protocols for the following four procedural mechanisms that could be used in conjunction with the 2012 Rules on an opt-in basis:

(i) appointment of emergency arbitrators to make preliminary rulings before an arbitral tribunal is constituted;
(ii) institutional scrutiny of draft arbitral awards to ensure the completeness of awards before issuance;
(iii) fast-track/expedited procedures to reduce the time and cost of arbitration proceedings; and
(iv) summary dismissal of claims on the grounds that they are, for example, manifestly without legal merit.

Professor Jan Paulsson (Bahrain, France, Sweden) continues to act as Chairman of the Drafting Committee. The Drafting Committee as reconvened by Professor Paulsson has comprised: Ms. Lise Bosman (PCA Senior Legal Counsel, South Africa), Mr. Brooks Daly (former PCA Deputy Secretary-General, United States of America), Mr. Álvaro Galindo (Ecuador), Professor Alejandro Garro (Argentina), Mr. Francisco González de Cossío (Mexico), Sir Christopher Greenwood (United Kingdom), Mr. Michael Hwang (Singapore), Professor Gabrielle Kaufmann-Kohler (Switzerland), Mr. Salim Moollan (Mauritius), Prof. Dr. Michael Pryles (Australia), Judge Seyed Jamal Seifi (Iran), and Dr. Nassib Ziadé (Chile/Lebanon).

At its 211^th  session held on 10 September 2024, the Administrative Council adopted optional protocols for the first three procedural mechanisms described above: (i) the PCA Optional Protocol on Emergency Interim Measures, (ii) the PCA Optional Protocol on Scrutiny of Awards, and (iii) the PCA Optional Protocol on Expedited Procedure.

The Drafting Committee continues its work on the fourth draft optional protocol, concerning the summary dismissal of claims.