PCA Rules—the award
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—the award
  • Decisions
  • Form and effect of the award
  • Applicable law and amiable compositeur
  • Settlement or other grounds for termination
  • Interpretation of the award
  • Correction of the award
  • Additional award

PCA Rules—the award

This Practice Note covers how a tribunal is to a reach a decision or award under the Permanent Court of Arbitration (PCA) Arbitration Rules (the PCA Rules), and sets out the provisions on the form and effect of the award, applicable law or amiable compositeur, settlement or termination of proceedings in situations other than the issuance of an award. It also sets out how a party may apply for interpretation or correction of an award, and how a party may apply for an additional award.

Decisions

PCA Rules, art 33(1) provides for awards or decisions to be made by a majority of the arbitrators, where there is more than one arbitrator.

PCA Rules, art 33(2) provides that, the case of procedural issues, if there is no majority or the tribunal authorises, the presiding arbitrator may decide alone. The decision by the presiding arbitrator is subject to revision by the tribunal. This replicates the UNCITRAL Arbitration Rules (UNCITRAL Rules), art 33.

Form and effect of the award

PCA Rules, art 34 outlines the form and effect of arbitral awards.

PCA Rules, art 34(1) provides that the tribunal 'may make separate awards on different issues at different times'.

PCA Rules, art 34(2) provides that awards shall be in writing and are final and binding on the parties, and that parties shall carry out awards without delay.

PCA Rules, art 34(3) provides that

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