PCA Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment 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 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 disputesreferred to arbitration under the PCA OptionalRulesfor 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.

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

    Existing Disputes

    If the Parties have not already entered...

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