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.