PCA Optional Rules for Arbitrating Disputes between Two States Model Arbitration Clauses

Updated at:August 2016
SUMMARY

Future Disputes. Existing Disputes.

 
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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, asin 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 the Secretary-General of the Permanent Court of Arbitration.

  5. The place of arbitration shall be . . . [insert city and country].

    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...

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