PCA Optional Rules for Arbitration between International Organizations and Private Parties 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 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 disputesreferred 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 the Secretary-General of the Permanent Court of Arbitration.

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

  6. 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.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...

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