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PRACTICE NOTES
This Practice Note sets out how the costs of the arbitration are to be fixed in proceedings under the Permanent Court of Arbitration (PCA) Arbitration Rules (PCA Rules), including how the fees and expenses of the arbitrators are to be determined, how the parties’ legal costs are to be allocated and how and when deposits for the costs of the arbitration are to be paid. Definition of costs PCA Rules, art 40 addresses the costs of the arbitration. It is similar to the equivalent provision of the UNCITRAL Arbitration Rules (UNCITRAL Rules), but PCA Rules, art 40(2)(f) includes the 'fees and expenses of the International Bureau' within the definition of 'costs'. PCA Rules, art 40(1) provides that the tribunal shall fix the costs of arbitration in the final award, or if it deems appropriate, in another decision. PCA Rules, art 40(2) provides an exhaustive list of potential fees and expenses that are included within the costs of arbitration. These are: • the fees of the tribunal stated as to each arbitrator • the reasonable travel and other expenses
PRACTICE NOTES
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
PRACTICE NOTES
This Practice Note covers the conduct of proceedings under the PCA Arbitration Rules 2012 (with Optional Protocols adopted in 2024) (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. General provisions 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 to provide a fair and efficient process. PCA Rules, art 17(2) provides that the tribunal shall establish a provisional
NEWS
The Permanent Court of Arbitration (PCA) has issued a press release announcing the entry into force of the Host Country Agreement between the PCA and the Federative Republic of Brazil. This landmark agreement formalises the relationship between the two entities and is expected to enhance the PCA's ability to conduct arbitration proceedings within Brazil. The press release, available in both English and French, provides further details on this significant development in international arbitration law. This agreement marks an important step in expanding the PCA's global reach and reinforcing its role in resolving international disputes.
NEWS
The Permanent Court of Arbitration (PCA) has announced that the Arbitration Tribunal, established under Article 740 of the Trade and Cooperation Agreement (TCA) between the EU and the UK, has scheduled a public hearing for the UK-Sandeel case (the European Union v the United Kingdom) Case No. 2024-45. The hearing will take place from 28 to 30 January 2025 at the Peace Palace in the Hague. The dispute, initiated by the EU on 25 October 2024, concerns the UK's decision to ban sandeel fishing in English waters of the North Sea and all Scottish waters since 26 March 2024. The three-member Tribunal is chaired by Dr Penelope Jane Ridings, with the PCA acting as Registry for the proceedings.
NEWS
The Permanent Court of Arbitration (PCA) announced that it will host three Vis Pre-Moots in preparation for the 2026 Willem C. Vis International Commercial Arbitration Moot and the Vis East Moot. The PCA notes that it will hold the 7th Buenos Aires Pre-Moot and the 5th Singapore Pre-Moot on 5–6 March 2026, followed by the 19th Hague Pre-Moot on 19–20 March 2026, with all events taking place in person. The PCA notes that the fifth Singapore Vis Pre-Moot will be organised with the support of the Singapore International Arbitration Centre, whose arbitration rules govern the 2026 Vis Moot. The PCA further advised that teams wishing to participate in the Buenos Aires, Singapore, or Hague Pre-Moots must submit the team registration form by Sunday, 4 January 2026, with selection notifications to follow, potentially, by Friday, 9 January 2026.
NEWS
The Permanent Court of Arbitration (PCA) has announced the opening of its upgraded hearing facilities at its Ha Noi Office and the publication of the Vietnamese translation of the PCA Arbitration Rules and Optional Protocols. The PCA stated that the development marks a milestone for the Ha Noi Office, strengthening its service offering and reinforcing its commitment to the peaceful settlement of international disputes. The opening ceremony was attended by members of the diplomatic corps, representatives of ministries and agencies of the Government of Viet Nam, as well as law firms and academic institutions.
NEWS
Law360: An unusual, decades-old dispute over a massive cache of gold, silver and emeralds from an early 18th-century shipwreck off the coast of Colombia has prompted a US$10bn claim filed against the country at the Permanent Court of Arbitration, according to documents made public this week.
NEWS
The Permanent Court of Arbitration (PCA) has announced that the initial organisational meeting for the arbitration between the European Union and the United Kingdom, concerning the UK's prohibition of sandeel fishing in certain waters, took place on 18 November 2024. The three-member Tribunal, chaired by Dr. Penelope Ridings, consulted with the parties on procedural matters and submission schedules. The PCA, acting as Registry, will administer the proceedings. Notably, the Tribunal has agreed to accept amicus curiae submissions until 28 November 2024, subject to specific criteria outlined in Rules 40-42 of Annex 48 of the Trade and Cooperation Agreement. This development marks the formal commencement of arbitration proceedings in this significant fisheries dispute between the EU and post-Brexit UK.
NEWS
The Permanent Court of Arbitration (PCA) has established an Expert Group to reflect on the PCA's historical contributions, assess its current relevance, and plan its strategic future to ensure it remains a leader in international dispute resolution. Co-chaired by Professor Gabrielle Kaufmann-Kohler and Sir Daniel Bethlehem KC, the 17-member group held its inaugural meeting at the Peace Palace in The Hague on 20-21 March 2025, launching the group's mandate and discussing the PCA's role in the evolving landscape of international dispute resolution. Supported by the International Bureau, the Expert Group will consider both historical and forward-looking perspectives on the PCA’s contributions to international law, with recommendations to be reported in 2026.
NEWS
The Permanent Court of Arbitration (PCA) has issued a press release on the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v the Russian Federation). It has reported that the Arbitral Tribunal has scheduled a hearing on the merits and remaining issues of jurisdiction and admissibility. The hearing will be held from 23 September to 5 October 2024 at the seat of the PCA at the Peace Palace in The Hague.
NEWS
The Permanent Court of Arbitration (PCA) has published its 2023 Annual Report. The report highlights the number of PCA cases administered and gives an overview of the PCA’s activities in 2023. The report notes that the PCA registered 82 new cases in 2023, the largest number of new cases registered by the PCA in a single year ever, and that throughout 2023, the PCA administered 246 cases.