Permanent Court of Arbitration

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. 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. It is responsible for the "direction and control" of the International Bureau, directs the organisation's budget and reports on its activities. 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. 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", which is entitled to nominate candidates for the election to the International Court of Justice. The PCA is not part of the UN system, holding observer status in the UN General Assembly since 1993. 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. 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 ==

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. 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. ==Functions==

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. File:Hearing in PCA Case 2016-10, the Timor Leste Conciliation (Timor-Leste v. Australia) - Photo 1.jpg File:Meeting in PCA Case 2013-14, SPRFMO Review Panel.jpg File:Public Hearing in PCA Case 2012-04.jpg Appointing authority 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. Between 2011 and 2015, 257 such requests were submitted. Interstate arbitration based on UNCLOS 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: • International Tribunal for the Law of the Sea • International Court of Justice, • arbitral tribunal (constituted in accordance with Annex VII, UNCLOS) • 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. As of 2025, the PCA has administered 14 of the 15 cases initiated by states under Annex VII to the UNCLOS. Investor–state investment disputes 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. Conciliation 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 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. ==Procedure==

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. ==History==

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".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==

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. ==Budget and fees==

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. The costs of arbitration vary from case to case and discussions may be held between the PCA and the parties over fee arrangements. The fixed costs for action as an appointing authority are €3,000. ==Cases==

Examples of cases are shown below: Interstate • United States of America v. Mexico (Pious Fund of the Californias) (1902) • United States of America v. United Kingdom (The North Atlantic Coast Fisheries Case) (1910) • France v. Great Britain (Savarkar Case) (1911) • United States of America v. The Netherlands (Island of Palmas Case) (1928) • Eritrea v. Yemen (Hanish Islands conflict) (1999) • Belgium v. The Netherlands (Iron Rhine case) (2005) • Croatia v. Slovenia (2017) • Qatar v. Bahrain (2020) • Pakistan v. India (Indus Waters Western Rivers Arbitration) (2023) • Azerbaijan v. Armenia (Energy Charter Treaty Arbitration) (2023) • Azerbaijan v. Armenia (Bern Convention Arbitration) (2023) • European Union v. United Kingdom (2024) • Rwanda v. United Kingdom (Arbitration pursuant to the Asylum Partnership Agreement) (2025) Interstate: Annex VII UNCLOS • Barbados v. Trinidad and Tobago (2006) • Bangladesh v. India (Bay of Bengal Maritime Boundary) (2014) • Denmark in respect of the Faroe Islands v. European Union (Atlanto-Scandian Herring Arbitration) (2014) • Mauritius v. United Kingdom (Chagos Marine Protected Area) (2015) • Philippines v. China (2016) • Netherlands v. Russia (Greenpeace Arctic Sunrise ship case) (2017) • Ukraine v. Russia (Coastal State Rights in the Black Sea, Sea of Azov and Kerch Strait) (2017) • Italy v. India (Enrica Lexie case) (2020) Investor-state • Hulley Enterprises Limited (Cyprus), Yukos Universal Limited (Isle of Man) and Veteran Petroleum Limited (Cyprus) v. the Russian Federation (2015) • Cairn Energy PLC & Cairn UK Holdings Limited v. The Republic of India Other • United States v. Iran (Iran-United States Claims Tribunal) in the early 1980s the PCA helped set up the claims tribunal • Eritrea v. Ethiopia (Eritrea-Ethiopia Claims Commission) (2009) Claims Commission was organized through the PCA • Sudan v. Sudan People's Liberation Movement (Abyei Arbitration) (2009) ==See also==