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This is a guide to and commentary on the new procedural rules for
arbitration adopted by the Permanent Court of Arbitration (PCA) in
December 2012. The PCA is a unique arbitral institution - an
intergovernmental organization counting over one hundred member
states - with a rapidly growing annual caseload of arbitrations
involving various combinations of states, state entities,
intergovernmental organizations, and private parties. The 2012 PCA
Rules are the most recent set of arbitral rules from any
institution, and constitute a consolidation of four sets of PCA
Rules drafted in the 1990s, and updated in light of PCA experience
and the revision of other procedural regimes. They include special
provisions adapted to arbitrations involving public entities and a
number of novel provisions drafted on the basis of the PCA's
experience administering arbitrations. In recent years, the PCA
caseload has expanded to the extent that the total amount in
dispute in PCA cases is estimated to be greater than that in any
other arbitral institution, increasing the need for a comprehensive
guide to arbitration under its auspices. This text benefits from
the unparalleled insights of its three co-authors, all of whom are
PCA lawyers, one of whom is the Deputy Secretary-General of the
PCA, and a member of the drafting committee for the 2012 PCA Rules.
An introductory chapter, describing the mandate for the revised
rules from the PCA member states, as well as the drafting process
itself, is followed by a rule-by-rule analysis following the
familiar structure of the rules themselves. This analysis is split
into four sections: the introductory rules; the composition of the
arbitral tribunal; arbitral proceedings; and the award. The
comprehensive appendices are intended to reduce the need for
recourse to other materials and provide a stand-alone resource.
This is a guide to and commentary on the new procedural rules for
arbitration adopted by the Permanent Court of Arbitration (PCA) in
December 2012. The PCA is a unique arbitral institution - an
intergovernmental organization counting over one hundred member
states - with a rapidly growing annual caseload of arbitrations
involving various combinations of states, state entities,
intergovernmental organizations, and private parties. The 2012 PCA
Rules are the most recent set of arbitral rules from any
institution, and constitute a consolidation of four sets of PCA
Rules drafted in the 1990s, and updated in light of PCA experience
and the revision of other procedural regimes. They include special
provisions adapted to arbitrations involving public entities and a
number of novel provisions drafted on the basis of the PCA's
experience administering arbitrations. In recent years, the PCA
caseload has expanded to the extent that the total amount in
dispute in PCA cases is estimated to be greater than that in any
other arbitral institution, increasing the need for a comprehensive
guide to arbitration under its auspices. This text benefits from
the unparalleled insights of its three co-authors, all of whom are
PCA lawyers, one of whom is the Deputy Secretary-General of the
PCA, and a member of the drafting committee for the 2012 PCA Rules.
An introductory chapter, describing the mandate for the revised
rules from the PCA member states, as well as the drafting process
itself, is followed by a rule-by-rule analysis following the
familiar structure of the rules themselves. This analysis is split
into four sections: the introductory rules; the composition of the
arbitral tribunal; arbitral proceedings; and the award. The
comprehensive appendices are intended to reduce the need for
recourse to other materials and provide a stand-alone resource.
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