MODEL CLAUSES FOR USE IN CONNECTION WITH THE PERMANENT COURT OF ARBITRATION OPTIONAL RULES

  

  

MODEL CLAUSES

MODEL ARBITRATION CLAUSES

FOR USE IN CONNECTION WITH THE PERMANENT COURT

OF ARBITRATION OPTIONAL RULES FOR ARBITRATING

DISPUTES BETWEEN TWO STATES

Future Disputes 

Parties to a bilateral treaty or other agreement who wish to have any dispute referred

to arbitration under these Rules may insert in the treaty or agreement an arbitration

clause in the following form:1

1. If any dispute arises between the parties as to the interpretation, application or 

performance of this [treaty] [agreement], including its existence, validity or 

termination, either party may submit the dispute to final and binding arbitration 

in accordance with the Permanent Court of Arbitration Optional Rules for 

Arbitrating Disputes between Two States, as in effect on the date of this [treaty] 

[agreement]. 

Parties may wish to consider adding:

2. The number of arbitrators shall be . . . [insert 'one', 'three', or 'five'].2

3. The language(s) to be used in the arbitral proceedings shall be . . . [insert

choice of one or more languages].3

4. The appointing authority shall be . . . [insert choice].4

Existing Disputes 

If the parties have not already entered into an arbitration agreement, or if they

mutually agree to change a previous agreement in order to provide for arbitration under

these Rules, they may enter into an agreement in the following form:

The parties agree to submit the following dispute to final and binding 

arbitration in accordance with the Permanent Court of Arbitration Optional 

Rules for Arbitrating Disputes between Two States, as in effect on the date of 

this agreement: . . . [insert brief description of dispute].

Parties may wish to consider adding paragraphs 2-4 of the arbitration clause for future

disputes as set forth above.

PERMANENT COURT OF ARBITRATION - BASIC DOCUMENTS

NOTES

1. Parties may agree to vary this model clause. If they consider doing so, they may

consult with the Secretary-General of the Permanent Court of Arbitration to ensure that

the clause to which they agree will be appropriate in the context of the Rules, and that

the functions of the Secretary-General and the International Bureau can be carried out

effectively.

2. If the parties do not agree on the number of arbitrators, the number shall be three,

in accordance with article 5 of the Rules.

3. If the parties do not agree on the language, or languages, to be used in the arbitral

proceedings, this shall be determined by the arbitral tribunal in accordance with article

17 of the Rules.

4. Parties are free to agree upon any appointing authority, e.g., the President of the

International Court of Justice, or the head of a specialized body expert in the relevant

subject-matter, or an ad-hoc panel chosen by the parties, or any other officer, institution

or individual. The Secretary-General of the Permanent Court of Arbitration will consider

accepting designation as appointing authority in appropriate cases. Before inserting the

name of an appointing authority in an arbitration clause, it is advisable for the parties to

inquire whether the proposed authority is willing to act.

If the parties do not agree on the appointing authority, the Secretary-General of the

Permanent Court of Arbitration at The Hague will designate the appointing authority in

accordance with article 6 or 7 of the Rules, as the case may be.

MODEL CLAUSES

MODEL ARBITRATION CLAUSES

FOR USE IN CONNECTION WITH THE PERMANENT COURT

OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES

BETWEEN TWO PARTIES OF WHICH ONLY ONE IS A STATE

Future Disputes 

Where a State and a private entity are parties to a contract and wish to have any

dispute referred to arbitration under these Rules, they may insert in the contract an

arbitration clause in the following form:

1. If any dispute arises between the parties as to the interpretation, application or 

performance of this contract, including its existence, validity or termination, either 

party may submit the dispute to final and binding arbitration in accordance with 

the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes 

between Two Parties of Which Only One Is a State, as in effect on the date of this 

contract.1

Parties may wish to consider adding:

2. The number of arbitrators shall be . . . [insert 'one' or 'three'].2

3. The language(s) to be used in the arbitral proceedings shall be . . . [insert choice

of one or more languages].3

4. The appointing authority shall be . . . [insert choice].4

5. This agreement to arbitrate constitutes a waiver of any right to sovereign immunity 

from execution to which a party might otherwise be entitled with respect to the 

enforcement of any award rendered by an arbitral tribunal constituted pursuant 

to this agreement.5

Existing Disputes 

If the parties have not already entered into an arbitration agreement, or if they

mutually agree to change a previous agreement in order to provide for arbitration under

these Rules, they may enter into an agreement in the following form:

The parties agree to submit the following dispute to final and binding 

arbitration in accordance with the Permanent Court of Arbitration Optional 

Rules for Arbitrating Disputes between Two Parties of Which Only One Is a State, as in effect on the date of this agreement: . . . [insert brief description of

dispute].

Parties may wish to consider adding paragraphs 2-5 of the arbitration clause for future

disputes as set forth above.

NOTES

1. Parties may agree to vary this model clause. If they consider doing so, they may

consult with the Secretary-General of the Permanent Court of Arbitration to ensure that

the clause to which they agree will be appropriate in the context of the Rules, and that

the functions of the Secretary-General and the International Bureau can be carried out

effectively.

2. If the parties do not agree on the number of arbitrators, the number shall be three,

in accordance with article 5 of the Rules.

3. If the parties do not agree on the language, or languages, to be used in the arbitral

proceedings, this shall be determined by the arbitral tribunal in accordance with article

17 of the Rules.

4. Parties are free to agree upon any appointing authority, e.g., the President of the

International Court of Justice, or the head of a specialized body expert in the relevant

subject-matter, or an ad-hoc panel chosen by the parties, or any other officer, institution

or individual. The Secretary-General of the Permanent Court of Arbitration will consider

accepting designation as appointing authority in appropriate cases. Before inserting the

name of an appointing authority in an arbitration clause, it is advisable for the parties to

inquire whether the proposed authority is willing to act.

If the parties do not agree on the appointing authority, the Secretary-General of the

Permanent Court of Arbitration at The Hague will designate the appointing authority in

accordance with article 6 or 7 of the Rules, as the case may be.

5. Waiver of sovereign immunity from jurisdiction is provided in article 1, paragraph

2 of the Rules.

MODEL ARBITRATION CLAUSES 

FOR USE IN CONNECTION WITH THE PERMANENT COURT

OF ARBITRATION OPTIONAL RULES FOR ARBITRATION INVOLVING

INTERNATIONAL ORGANIZATIONS AND STATES

Future Disputes 

Where an international organization, and a State or an international organization are

parties to an agreement and wish to have any disputes referred to arbitration under these

Rules, they may insert in the agreement an arbitration clause in the following form:

1. Any dispute, controversy or claim arising out of or relating to the interpretation, 

application or performance of this agreement, including its existence, validity or 

termination, shall be settled by final and binding arbitration in accordance with 

the Permanent Court of Arbitration Optional Rules for Arbitration Involving 

International Organizations and States, as in effect on the date of this agreement.1

Parties may wish to consider adding:

2. The number of arbitrators shall be . . . [insert 'one', 'three' or 'five'].2

3. The language(s) to be used in the arbitral proceedings shall be . . . [insert choice

of one or more languages].3

4. The appointing authority shall be . . . [insert choice].4

Existing Disputes 

If the parties have not already entered into an arbitration agreement, or if they

mutually agree to change a previous agreement in order to provide for arbitration under

these Rules, they may enter into an agreement in the following form:

The parties agree to submit the following dispute to final and binding 

arbitration in accordance with the Permanent Court of Arbitration Optional 

Rules for Arbitration Involving International Organizations and States, as in 

effect on the date of this agreement: . . . [insert brief description of dispute].

Parties may wish to consider adding paragraphs 2-4 of the arbitration clause for future

disputes as set forth above.

NOTES

1. Parties may agree to vary this model clause. If they consider doing so, they may

consult with the Secretary-General of the Permanent Court of Arbitration to ensure that

the clause to which they agree will be appropriate in the context of the Rules, and that

the functions of the Secretary-General and the International Bureau can be carried out

effectively.

2. If the parties do not agree on the number of arbitrators, the number shall be three,

in accordance with article 5 of the Rules.

3. If the parties do not agree on the language, or languages, to be used in the arbitral

proceedings, this shall be determined by the arbitral tribunal in accordance with article

17 of the Rules.

4. Parties are free to agree upon any appointing authority, e.g., the President of the

International Court of Justice, or the head of a specialized body expert in the relevant

subject-matter, or an ad-hoc panel chosen by the parties, or any other officer, institution

or individual. The Secretary-General of the Permanent Court of Arbitration will consider

accepting designation as appointing authority in appropriate cases. Before inserting the

name of an appointing authority in an arbitration clause, it is advisable for the parties to

inquire whether the proposed authority is willing to act.

If the parties do not agree on the appointing authority, the Secretary-General of the

Permanent Court of Arbitration at The Hague will designate the appointing authority in

accordance with article 6 or 7 of the Rules, as the case may be.

MODEL ARBITRATION CLAUSES

FOR USE IN CONNECTION WITH THE PERMANENT COURT

OF ARBITRATION OPTIONAL RULES FOR ARBITRATION BETWEEN

INTERNATIONAL ORGANIZATIONS AND PRIVATE PARTIES

Future Disputes 

Where an international organization and a party that is neither a State nor an international

organization are parties to an agreement and wish to have any disputes referred

to arbitration under these Rules, they may insert in the contract an arbitration clause in

the following form:

1. Any dispute, controversy or claim arising out of or relating to the interpretation, 

application or performance of this contract, including its existence, validity or 

termination, shall be settled by final and binding arbitration in accordance with 

the Permanent Court of Arbitration Optional Rules for Arbitration between 

International Organizations and Private Parties, as in effect on the date of this 

agreement.1

Parties may wish to consider adding:

2. The number of arbitrators shall be . . . [insert 'one' or 'three'].2

3. The language(s) to be used in the arbitral proceedings shall be . . . [insert choice

of one or more languages].3

4. The appointing authority shall be . . . [insert choice].4

5. This agreement to arbitrate constitutes a waiver of any right to immunity from 

execution to which a party might otherwise be entitled with respect to the enforcement 

of any award rendered by an arbitral tribunal constituted pursuant to this 

agreement.5

Existing Disputes 

If the parties have not already entered into an arbitration agreement, or if they

mutually agree to change a previous agreement in order to provide for arbitration under

these Rules, they may enter into an agreement in the following form:

The parties agree to submit the following dispute to final and binding arbitration 

in accordance with the Permanent Court of Arbitration Optional 

Rules for Arbitration between International Organizations and Private Parties, as in effect on the date of this agreement: . . . [insert brief description

of dispute].

Parties may wish to consider adding paragraphs 2-5 of the arbitration clause for future

disputes as set forth above.

NOTES

1. Parties may agree to vary this model clause. If they consider doing so, they may consult

with the Secretary-General of the Permanent Court of Arbitration to ensure that the clause

to which they agree will be appropriate in the context of the Rules, and that the functions of

the Secretary-General and the International Bureau can be carried out effectively.

2. If the parties do not agree on the number of arbitrators, the number shall be three, in

accordance with article 5 of the Rules.

3. If the parties do not agree on the language, or languages, to be used in the arbitral

proceedings, this shall be determined by the arbitral tribunal in accordance with article 17 of

the Rules.

4. Parties are free to agree upon any appointing authority, e.g., the President of the

International Court of Justice, or the head of a specialized body expert in the relevant

subject-matter, or an ad-hoc panel chosen by the parties, or any other officer, institution or

individual. The Secretary-General of the Permanent Court of Arbitration will consider

accepting designation as appointing authority in appropriate cases. Before inserting the name

of an appointing authority in an arbitration clause, it is advisable for the parties to inquire

whether the proposed authority is willing to act.

If the parties do not agree on the appointing authority, the Secretary-General of the

Permanent Court of Arbitration at The Hague will designate the appointing authority in

accordance with article 6 or 7 of the Rules, as the case may be.

5. Waiver of immunity from jurisdiction is provided in article 1, paragraph 2 of the Rules.

MODEL CONCILIATION CLAUSES 

FOR USE IN CONNECTION WITH THE PERMANENT COURT

OF ARBITRATION OPTIONAL CONCILIATION RULES

Future Disputes 

If any dispute arises between the parties as to the interpretation, application or

performance of this [treaty] [agreement] [contract], including its existence, validity or

termination, either party may invite the other to conciliate the dispute under the

Permanent Court of Arbitration Optional Conciliation Rules as in effect on the date

hereof.

Parties may wish to consider adding:

In any such conciliation: 

1. The number of conciliators shall be . . . [insert 'one', 'two', or 'three']

2. The language(s) to be used in the conciliation shall be . . . [insert choice of one or

more languages].

3. The parties agree that . . . [insert 'the conciliator(s)' or 'the third conciliator']

shall be appointed by . . . [insert choice of 'The Secretary-General of the 

Permanent Court of Arbitration' or the name of another person or institution], or:

The parties agree that the Secretary-General of the Permanent Court of 

Arbitration shall designate an institution or person to appoint the . . . [insert 'the 

conciliator(s)' or 'the third conciliator'].

Existing Disputes 

The parties agree to commence conciliation of the following dispute under the 

Permanent Court of Arbitration Optional Conciliation Rules as in effect on the 

date hereof: . . . [insert brief description of dispute].

Parties may wish to consider adding paragraphs 2(a)-2(c) of the Model Clause for

conciliating future disputes as set forth above.

MODEL ARBITRATION CLAUSES

FOR USE IN CONNECTION WITH THE PERMANENT COURT

OF ARBITRATION OPTIONAL RULES FOR ARBITRATION OF DISPUTES

RELATING TO NATURAL RESOURCES AND/OR THE ENVIRONMENT

Future Disputes 

Parties may choose to include the following model clause in agreements to have disputes

referred to arbitration under the PCA Optional Rules for Arbitration of Disputes Relating

to Natural Resources and/or the Environment:

1. Any dispute, controversy, or claim arising out of or relating to the interpretation, 

application or performance of this agreement, including its existence, validity, or 

termination, shall be settled by final and binding arbitration in accordance with 

the Permanent Court of Arbitration Optional Rules for Arbitration of Disputes 

Relating to Natural Resources and/or the Environment, as in effect on the date of 

this agreement. The International Bureau of the Permanent Court of Arbitration 

shall serve as Registry for the proceedings. 

Parties may wish to consider adding:

2. The number of arbitrators shall be [insert 'one', 'three', or 'five'].

3. The language(s) to be used in the arbitral proceedings shall be [insert choice of

one or more languages].

4. The appointing authority shall be [the Secretary-General of the Permanent Court 

of Arbitration], [or insert choice].

Existing Disputes 

If the Parties have not already entered into an arbitration agreement, or if they mutually

agree to modify a previous agreement in order to provide for arbitration under the PCA

Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the

Environment, they may enter into an agreement in the following form:

1. The Parties agree to submit the following dispute to final and binding arbitration 

in accordance with the Permanent Court of Arbitration Optional Rules for 

Arbitration of Disputes Relating to Natural Resources and/or the Environment, as 

in effect on the date of this agreement: [insert brief description of dispute].

2. Parties may wish to consider adding additional information as set forth above in

paragraphs 2-4 in 'Future Disputes'.

MODEL ARBITRATION CLAUSE

FOR USE IN CONNECTION WITH THE ARBITRATION OF DISPUTES BEING

CONCILIATED UNDER THE PERMANENT COURT OF ARBITRATION

OPTIONAL RULES FOR CONCILIATION OF DISPUTES RELATING TO

NATURAL RESOURCES AND/OR THE ENVIRONMENT

In the event that a dispute being conciliated under the Permanent Court of Arbitration 

Optional Rules for Conciliation of Disputes Relating to Natural Resources and/or the 

Environment has not been settled pursuant to said Rules within 90 days of filing an 

invitation to conciliate, or within such other period as the parties may agree in writing, 

or when some aspect of the dispute is unresolved notwithstanding the terms of a 

settlement agreement reached pursuant to Article 12 of said Rules, such dispute shall be 

finally settled under the Permanent Court of Arbitration Optional Rules for Arbitration 

of Disputes Relating to Natural Resources and/or the Environment by one or more 

arbitrators appointed in accordance with the said Rules of Arbitration. No admission 

or proposal formulated during the course of the conciliation procedure, either by one 

of the Parties or by the Conciliation Commission, can be considered as prejudicing the 

rights or the contentions of either Party in the event of the failure of the procedure.