PCA Rules—appointing authority and the tribunal
Produced in partnership with Jonathan Lim of WilmerHale

The following Arbitration practice note produced in partnership with Jonathan Lim of WilmerHale provides comprehensive and up to date legal information covering:

  • PCA Rules—appointing authority and the tribunal
  • Appointing authority
  • Number of arbitrators
  • Appointment of arbitrators
  • Disclosures by and challenges to arbitrators
  • Replacement of an arbitrator
  • Repetition of hearings in the event of the replacement of an arbitrator
  • Exclusion of liability

PCA Rules—appointing authority and the tribunal

This Practice Note covers the automatic designation of the Secretary-General of the Permanent Court of Arbitration (PCA) as the appointing authority under the PCA Arbitration Rules 2012 (the PCA Rules), how the tribunal is constituted under the PCA Rules and challenges to and replacements of arbitrators. The Practice Note also covers the exclusion of liability for the tribunal and persons appointed by it.

Appointing authority

PCA Rules, art 6(1) provides that the Secretary-General of the PCA shall serve as the 'appointing authority' under the PCA Rules. The primary role of the appointing authority is to assist with the process of constituting a suitable tribunal, by resolving problems that arise in constituting the tribunal, such as where parties cannot agree on a candidate for the sole or presiding arbitrator.

As appointing authority, the PCA Secretary-General may appoint an arbitrator where there is no party agreement within a fixed period of time. The PCA Secretary-General maintains a list of PCA Members of the Court who are nominated by PCA Member States and are available to act as arbitrators in PCA-administered proceedings, as well as specialised lists of arbitrators and experts for environmental- and space-related disputes.

As well as helping to constitute the tribunal, the PCA Secretary-General may also, as provided in the PCA Rules, decide on challenges to arbitrators, substitute arbitrators in the event of

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