Resolving Disputes in the International Community: The Permanent Court of Arbitration

Posted by Jamie Shilton

Established at the First Hague Convention in 1899, the Permanent Court of Arbitration (PCA) is a vital tool for dispute resolution. The PCA is not a court in the sense of the International Court of Justice or International Criminal Court, but a permanent framework to support international arbitral tribunals. Currently, 110 countries, including all members of the United Nations Security Council and most other major powers are members of the PCA.

In part due to its age, the PCA has several interesting features that distinguish it from post-WWII institutions. Its Administrative Council, which oversees policies and budgets, is comprised of member states’ diplomatic representatives accredited to the Netherlands and is chaired by the Dutch Minister for Foreign Affairs. The PCA’s budget is paid by member states whose contributions are determined by the Universal Postal Union, one of the few other international organizations existing at the time of the PCA’s founding.

The International Bureau of the PCA is composed of experienced legal and administrative staff from around the world. Its primary responsibility is the provision of legal research, administrative support, linguistic support and financial administration to international tribunals, commissions and other entities.

The Members of the Court are appointed by member states to serve as potential arbitrators. Member states can appoint up to four potential arbitrators. Members of the Court from the same country constitute ‘national groups’ who are entitled to nominate candidates for election to the International Court of Justice and for the Nobel Peace Prize.

The PCA is currently providing administrative support to many tribunals around the world, including those of NAFTA. Much of the work of the PCA has been to resolve territorial disputes. Recently, this has included arbitration between the government of Sudan and domestic rebel groups, between Trinidad and Tobago and Barbados, and between Eritrea and Yemen. The PCA also resolves disputes between corporations and countries. There is very little information about the tribunals themselves as hearings take place under utmost secrecy and very little information is released substantiating the results of arbitration.

The PCA is of interest to our group for two reasons. First, it is the primary supporter and administrator of arbitration as a means of international dispute resolution. Given how many disagreements around the world are settled in this fashion, we should become familiar with the process and its advantages. Second, the PCA is one of the few relevant organizations remaining from a different era of international relations. Despite the fact that it was envisaged long before the end of empire in Europe, it has remained a crucially important agent of the peaceful resolution of conflicts between states and other actors.