The following Arbitration guidance note Produced in partnership with Jonathan Lim of Wilmer Cutler Pickering Hale and Dorr LLP provides comprehensive and up to date legal information covering:
This Practice Note covers the conduct of proceedings under the Permanent Court of Arbitration (PCA) Arbitration Rules 2012 (the PCA Rules), and sets out the main provisions on how the parties’ arguments and evidence are to be presented, how jurisdictional objections and interim measures are to be dealt with, how hearings are to be conducted, and how proceedings are to be closed.
PCA Rules, art 17 sets out general provisions regarding the conduct of arbitral proceedings under the PCA Rules, and largely tracks the UNCITRAL Arbitration Rules (UNCITRAL Rules), art 17. PCA Rules, art 17(1) provides that the tribunal may conduct the arbitration in such a manner as it considers appropriate, so long as the parties are treated with equality and each party is given a reasonable opportunity to present its case.
PCA Rules, art 17(1) further provides that the tribunal shall conduct proceedings so as to avoid unnecessary delay and expense, and provide a fair and efficient process.
PCA Rules, art 17(2) provides that the tribunal shall establish a provisional timetable '[a]s soon as practicable after its constitution', and that it may extend or abridge any period of time prescribed under the PCA Rules or agreed by the parties. PCA Rules, art 17(3) provides that, if at an appropriate stage of the proceedings any party so requests, the tribunal
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