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Permanent Court of Arbitration

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Template:Infobox high court Template:United Nations series The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, The Netherlands,[1] which was built to house the PCA.

Unlike a judicial court in the traditional sense, the PCA provides administrative support in international arbitrations involving various combinations of states, state entities, international organizations and private parties.[2] The cases span a wide range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions[3] with a combined membership of 128 Contracting Parties.[4] The PCA is not a United Nations agency,[5] but has been a United Nations observer since 1993.[6]

The PCA was established by the Convention for the Pacific Settlement of International Disputes, which concluded at The Hague in 1899 during the first Hague Peace Conference of 1899.[7] The Conference had been convened at the initiative of Tsar Nicholas II of Russia "with the object of seeking the most objective means of ensuring to all peoples the benefits of a real and lasting peace, and above all, of limiting the progressive development of existing armaments".

In the first three decades of its existence, the PCA was a major forum for resolving inter-state disputes.[8] Subsequently, the organization went dormant for much of the 20th century, as states opted to use the Permanent Court of International Justice instead of the PCA.[8] In the 21st century, the PCA has resurged as a venue for inter-state arbitrations and resolving investor-state disputes[8] and is currently administering over 200 dispute resolution proceedings.

In February 2026, the Court was acting as registry in 8 inter-state arbitrations, 1 other inter-state proceeding, 92 arbitrations arising under bilateral or multilateral investment treaties or national investment laws, 93 arbitrations arising under contracts involving a State or other public entity, and 7 other proceedings.

Organization

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File:Permanent-Court-of-Arbitration-Members.svg
Parties of the Permanent Court of Arbitration
  according to the convention of 1907
  according to the convention of 1899
  not a party
File:La haye palais paix jardin face.JPG
The PCA is held in the Peace Palace.

The PCA is not a conventional court, but an intergovernmental organization with the objective of having permanent and readily available means to serve as the registry for purposes of international arbitration and other related procedures, including commissions of enquiry and conciliation.[9]

The Administrative Council (formally the Permanent Administrative Council) is a body composed of all the diplomatic representatives of the Contracting Parties accredited to the Netherlands.[10] It is responsible for the "direction and control" of the International Bureau, directs the organisation's budget and reports on its activities.[11]

The International Bureau is the Secretariat of the PCA and is headed by the Secretary-General. It provides linguistic, research, administrative and financial support to PCA arbitration tribunals.[12]

The third organ of the PCA are the Members of the Court. Each contracting party may appoint up to four persons "of known competency in questions of international law, of the highest moral reputation and disposed to accept the duties of arbitrators" for a renewable six-year term. In addition to forming a panel of potential arbitrators, the Members of the Court from each contracting party constitute a "national group",[13] which is entitled to nominate candidates for the election to the International Court of Justice.[13] The Members of the Court (along with the judges of the International Court of Justice) are among a handful of groups entitled to nominate candidates for the Nobel Peace Prize.[13]

File:Leden van het Permanent Hof van Arbitrage voor het Vredespaleis.jpg
Members of the PCA in 2024

Parties to a dispute may, but are not obliged to, select arbitrators from the list of the Members of the Court.

The PCA sometimes gets confused with the International Court of Justice, which also has its seat in the Peace Palace.[14] The PCA is not part of the UN system,[15] holding observer status in the UN General Assembly since 1993.[16][17]

Both Courts handle inter-State cases. The ICJ does so through a defined judicial procedure, whereas the PCA administers a variety of dispute resolution services from arbitration and conciliation proceedings, to fact-finding commissions of inquiry and mass claims commissions.[18] The PCA also handles a variety of cases that are not only between States, but involve different combinations of States, State-controlled entities, intergovernmental organizations, and private entities.

Contracting parties

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Main article: List of parties to the Hague Conventions of 1899 and 1907

Parties to the Hague Conventions on the Pacific Settlement of disputes of 1899 (71 parties) and 1907 (102 parties) are automatically parties to the PCA. As 52 are parties to both conventions, the PCA has 128 contracting parties: 126 members of the United Nations, as well as Kosovo and Palestine.[4]

During the second Hague Peace Conference of 1907, French delegate Baron d’Estournelles de Constant proposed that all participating nations contribute to the construction of the PCA's headquarters, the Peace Palace. His suggestion was warmly received, and the PCA's founding states contributed gifts and materials from around the world for the construction of its headquarters.[19]

Functions

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PCA tribunals have jurisdiction for disputes based on the PCA founding documents (the Conventions on Pacific Settlement of International Disputes), or based on bilateral and multilateral treaties. While the PCA's initial activity principally concerned the settlement of disputes involving only States, through arbitration and other peaceful means such as conciliation, mediation, and fact-finding, the PCA Founding Conventions of 1899 and 1907 established a flexible framework. Over time, the PCA's Contracting Parties, in keeping with the evolving needs of the international community, have interpreted the Court's mandate to include disputes involving various combinations of States, State entities, international organizations, and private parties.[20]

Appointing authority

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The PCA Secretary General furthermore acts as an appointing authority for arbitration.

When problems arise in designating arbitrators for an arbitration under UNCITRAL arbitration rules (e.g. because one of the parties refuses to designate an arbitrator, or when the designated arbitrators are unable to agree on designation of a third arbitrator), the PCA Secretary-General may be requested to serve as an appointing authority. This option is also open for other arbitration agreements, in which the Secretary-General is designated.[21] Between 2011 and 2015, 257 such requests were submitted.[22] In 2024, the Secretary-General received 51 requests relating to appointing authority services.

Interstate arbitration based on the Hague Convention

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Arbitration between two States takes place when two Contracting Parties of the PCA decide to submit a dispute for arbitration to a PCA Tribunal. The Tribunal consists of five arbitrators: two (one of whom may be a national of the party concerned) are selected by each party to the arbitration; these four arbitrators then choose the fifth and presiding arbitrator.[23]

Interstate arbitration based on UNCLOS

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The United Nations Convention on the Law of the Sea (UNCLOS) provides for a dispute resolution mechanism regarding maritime boundaries in which member states can choose one of the following:

  1. International Tribunal for the Law of the Sea
  2. International Court of Justice,
  3. arbitral tribunal (constituted in accordance with Annex VII, UNCLOS)[24]
  4. a special arbitral tribunal (constituted in accordance with Annex VIII).

If two member states have elected different dispute resolution measures, the third option is to be used.[25] As of 2025, the PCA has administered 14 of the 15 cases initiated by states under Annex VII to the UNCLOS.[26][27]

Investor–state investment disputes

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Many free trade agreements provide for a mechanism to resolve disputes between investors and states through arbitration through so-called investor-state dispute settlement (ISDS) clauses. The PCA may play a role in such proceedings as appointing authority for arbitrators, by use of its arbitration rules or by providing support to the arbitration case.[28]

Conciliation

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Conciliation has formed part of the PCA’s activities since 1937, when the Administrative Council formally incorporated conciliation within the PCA’s mandate. The PCA subsequently adopted rules of procedure to facilitate conciliation proceedings. More recently, the PCA supported the conciliation proceedings between Timor-Leste and Australia concerning their maritime boundary in the Timor Sea between 2016 and 2018, which resulted in the conclusion of a maritime boundaries treaty between the parties.

Commissions of Enquiry

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The PCA may also assist parties in establishing commissions of inquiry or other fact-finding mechanisms. Historically, such procedures have been used to clarify disputed factual circumstances between States, including in the 1905 Dogger Bank inquiry between Great Britain and Russia conducted under the auspices of the Hague Conventions. Fact-finding mechanisms remain available to parties who wish to establish an objective record of facts that may facilitate the resolution of a dispute.[29]

Procedure

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File:Public Hearing in PCA Case No. 2015-28.jpg
A PCA hearing in July 2019

The rules of arbitration procedure are outlined in Articles 30–57 of the Hague Convention of 1899. These rules are an adapted version of pre-existing treaties among the states. They were amended in 1907, with the creation of a summary procedure for simple cases being the most conspicuous change, and were relevant in the 1920s development of rules for the Court of International Justice.

The first act of parties before the PCA is the submission of the so-called "compromisis", stating the issue and the competence of the arbitrator(s). Proceedings are then conducted in two phases: written pleadings and oral discussion. The Court retires once the debate is over to deliberate and conclude the case by a simple majority of votes.

The decision is published as an award, along with any dissenting opinions. Early Court decisions were countersigned by the arbitrators themselves, but, in 1907, that responsibility was passed to the president and secretary (of the PCA). The award is read in a public session in the presence of the agents and lawyers of the parties to the case. The decision is binding on the parties, and there is no mechanism for appeal.[30]

History

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File:North Atlantic Fisheries Arbitration, The Hague, 1910.jpg
North Atlantic Fisheries Arbitration at the Permanent Court of Arbitration, Prinsegracht 71, The Hague, 1910.

The PCA is the oldest institution for international dispute resolution. It was established in 1899 by the first Hague Peace Conference under Articles 20 to 29 of the 1899 Hague Convention for the Pacific Settlement of International Disputes. The Conference was convened at the initiative of Tsar Nicholas II of Russia "with the object of seeking the most objective means of ensuring to all peoples the benefits of a real and lasting peace, and above all, of limiting the progressive development of existing armaments".[31]

At the second Hague Peace Conference, the earlier Convention was revised by the 1907 Convention for the Pacific Settlement of International Disputes.

List of PCA Secretaries-General

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The current Secretary-General of the PCA is Dr. Hab. Marcin Czepelak, who was elected on 14 February 2022 by the PCA Administrative Council for a term of five years (from 1 June 2022 until 31 May 2027).

The below table lists all the Secretaries-General who have served the PCA since its founding.

Secretary-General Tenure
Baron R. Melvil van Lynden 1900–1901
Mr. L. H. Ruyssenaers 1901–1905
Baron L. P. M. H. Michiels van Verduynen 1905–1929
Dr. M. A. Crommelin 1929–1947
Jonkheer Aarnout Marinus Snouck Hurgronje [nl] 1948–1951
Dr. A. Loudon 1951–1953
Prof. Jean Pierre Adrien François [nl] 1954–1968
Baron E. O. van Boetzelaar 1968–1980
Mr. J. Varekamp 1981–1990
Mr. P. J. H. Jonkman 1990–1999
Mr. Tjaco T. van den Hout 1999–2008
Mr. Christiaan M. J. Kröner 2008–2011
Mr. Hugo H. Siblesz 2012–2022
Dr. Hab. Marcin Czepelak 2022–present

Budget and fees

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The budget of the PCA comes from the contributions of its Contracting Parties and income through arbitration cases. The distribution of the amounts to be paid by the individual Contracting Parties is based on the system in use by the Universal Postal Union.[10]

Parties to arbitration have to pay the expenses of the arbitral tribunal set up to hear the case, including the salary of the arbitrators, registry and administrative functions, but not including overheads of the organization.[32][33] The costs of arbitration vary from case to case and discussions may be held between the PCA and the parties over fee arrangements.[34]

The fixed costs for action as an appointing authority are €3,000.[35]

Cases

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Examples of cases are shown below:

Interstate

Interstate: Annex VII UNCLOS

Investor-state

Other

See also

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References

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  1. ↑ "About us - PCA-CPA".
  2. ↑ "Services - PCA-CPA". Archived from the original on 22 June 2016.
  3. ↑ "History". PCA. Archived from the original on 27 August 2016. Retrieved 2 August 2016.
  4. ↑ 4.0 4.1 "Contracting Parties". PCA. Retrieved 3 August 2019.
  5. ↑ "United Nations stresses separation from Hague tribunal". Archived from the original on 16 July 2016. The United Nations clarified on its Chinese microblog yesterday that the tribunal that ruled against China's historic claims over the disputed South China Sea was not a UN agency.
  6. ↑ "Intergovernmental Organizations". UN. Archived from the original on 23 May 2017.
  7. ↑ Schofield, Garth (2021), Lim, C. L. (ed.), "The Permanent Court of Arbitration: From 1899 to the Present", The Cambridge Companion to International Arbitration, Cambridge Companions to Law, Cambridge University Press, pp. 349–388, doi:10.1017/9781108635752.023, ISBN 978-1-108-48059-8
  8. ↑ 8.0 8.1 8.2 Powell, Emilia Justyna; Pérez-Liñán, Aníbal (2025). "Compliance with decisions of the Permanent Court of Arbitration". The Review of International Organizations. doi:10.1007/s11558-025-09599-y. ISSN 1559-744X.
  9. ↑ Shabtai Rosenne (2001), "The Hague Peace Conferences of 1899 and 1907 and International Arbitration: Reports and Documents", T.M.C. Asser Press, page xxi.
  10. ↑ 10.0 10.1 "Administrative Council". PCA. Archived from the original on 27 August 2016. Retrieved 30 July 2016.
  11. ↑ Article 49
  12. ↑ "International Bureau". PCA. Archived from the original on 27 August 2016. Retrieved 2 August 2016.
  13. ↑ 13.0 13.1 13.2 "Members of the Court". PCA. Archived from the original on 27 August 2016. Retrieved 2 August 2016.
  14. ↑ "International Court of Justice". International Court of Justice. Archived from the original on 14 July 2016. Retrieved 14 July 2016. The International Court of Justice (ICJ) wishes to draw the attention of the media and the public to the fact that the Award in the South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China) was issued by an Arbitral Tribunal acting with the secretarial assistance of the Permanent Court of Arbitration (PCA). The relevant information can be found on the PCA’s website (www.pca-cpa.org). The ICJ, which is a totally distinct institution, has had no involvement in the above mentioned case and, for that reason, there is no information about it on the ICJ's website.
  15. ↑ "Arbitral court not a UN agency". Archived from the original on 16 July 2016. Retrieved 20 July 2016. ... they confuse the PCA with the UN’s International Court of Justice (ICJ).
  16. ↑ "A/RES/48/3 29th plenary meeting 13 October 1993". United Nations General Assembly. Archived from the original on 24 January 2006.
  17. ↑ "General Assembly of the United Nations – Observers". United Nations. Archived from the original on 16 June 2017.
  18. ↑ "Dispute Resolution Services". Retrieved 19 April 2026.
  19. ↑ "History | PCA-CPA". Retrieved 16 April 2026.
  20. ↑ "Introduction to the PCA | PCA-CPA". Retrieved 16 April 2026.
  21. ↑ "PCA Secretary-General as Appointing Authority". Permanent Court of Arbitration. Archived from the original on 27 August 2016. Retrieved 30 July 2016.
  22. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named AR2015
  23. ↑ "1907 The Hague Convention for the Pacific Settlement of International Disputes". Archived from the original on 16 August 2011. Retrieved 31 July 2016 – via Yale University.
  24. ↑ "Preamble to the United Nations Convention on the Law of the Sea". United Nations. Amex VII. Retrieved 27 June 2025.
  25. ↑ "United Nations Convention on the law of the sea" (PDF). United Nations. Article 287. Archived (PDF) from the original on 9 November 2015. Retrieved 31 July 2016.
  26. ↑ "The South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China)" (PDF) (Press release). Permanent Court of Arbitration. 12 July 2016. Archived from the original (PDF) on 12 July 2016. Retrieved 13 July 2016.
  27. ↑ "United Nations Convention on the Law of the Sea". Permanent Court of Arbitration. Archived from the original on 27 August 2016. Retrieved 31 July 2016.
  28. ↑ "Instruments referring to the PCA". Permanent Court of Arbitration. Archived from the original on 27 August 2016. Retrieved 31 July 2016.
  29. ↑ "International Conciliation and Mediation at the PCA | PCA-CPA". Retrieved 16 April 2026.
  30. ↑ Eyffinger, Arthur (1988). The Peace Palace: residence for justice, domicile of learning. Carnegie. p. 136. ISBN 9066113316.
  31. ↑ Loukas A. Mistelis (1 May 2010). Arbitration Rules-International Institutions-3rd Edition. Juris Publishing, Inc. p. 300. ISBN 978-1-933833-56-9.
  32. ↑ Art. 85 Convention for the Pacific Settlement of International Disputes (Hague I), October 18, 1907.
  33. ↑ "Schedule of Fees and Costs". PCA. Archived from the original on 12 May 2018. Retrieved 27 July 2016.
  34. ↑ "FAQ, PCA-CPA". Archived from the original on 27 August 2016. Retrieved 14 July 2016. The costs of arbitration vary from case to case. To promote maximum flexibility in each case, the PCA has no fixed fee schedule. The PCA assists the parties and tribunal in finding a fee arrangement that is most appropriate for the case.
  35. ↑ "Fees and costs | PCA-CPA". pca-cpa.org.
  36. ↑ "Cases | PCA-CPA".
  37. ↑ "PCA-CPA". Archived from the original on 19 October 2013.
  38. ↑ "PCA-CPA". Archived from the original on 13 December 2010.
  39. ↑ "Cases | PCA-CPA".
  40. ↑ "Cases | PCA-CPA".
  41. ↑ "PCA-CPA". Archived from the original on 30 July 2014.
  42. ↑ "Cases | PCA-CPA — Cairn Energy PLC & Cairn UK Holdings Limited v. The Republic of India". pca-cpa.org. Permanent Court of Arbitration. Archived from the original on 3 February 2020. Retrieved 22 July 2021.
  43. ↑ Judge George H. Aldrich, "The Iran-U.S. Claims Tribunal" in P. Hamilton et al., ed., The Permanent Court of Arbitration: International Arbitration and Dispute Resolution, Kluwer Law International (1999), p. 208.

Further reading

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  • Hudson, Manley O. (June 1943). "Chapter 1. The Permanent Court of Arbitration". The Permanent Court of International Justice 1920-1942 (A Treatise). New York: The Macmillan Company. pp. 3–36 Sections 1–32. – The relevant chapter includes information about a number of cases referred to the Permanent Court of Arbitration.
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