PERMANENT COURT OF ARBITRATION

History:
The PCA was the first permanent intergovernmental
organization to provide a forum for the resolution of
international disputes through arbitration and other
peaceful means.

The PCA was established by the Convention for the

Pacific Settlement of International Disputes, concluded at
The Hague in 1899 during the first Hague Peace
Conference. The Conference had been convened at the
initiative of Czar Nicolas II of Russia with the object of
seeking the most objective means of ensuring to all
peoples the benefits of a real and lasting peace, and
above all, of limiting the progressive development of
existing armaments.

Among the aims of the Conference had been the

strengthening of systems of international dispute
resolutionespecially international arbitration. The
delegates at the Conference were mindful that, during the
previous 100 years, there had been a number of
successful international arbitrations, starting with the Jay
Treaty Mixed Commissions at the end of the 18th
century, and reaching a pinnacle with the Alabama
arbitration in 1871-1872. In addition, the Insitut de Droit
International had adopted a code of procedure for
arbitration in 1875.

This movement toward favoring arbitration as a means of

international dispute resolution was continued in 1899,
and the most concrete achievement of the 1899
Conference was the establishment of the PCA as the first
global mechanism for the settlement of disputes between
states. Article 16 of the 1899 Convention recognized that
in questions of a legal nature, and especially in the
interpretation or application of International Conventions
arbitration is the most effective, and at the same time the
most equitable, means of settling disputes which
diplomacy has failed to settle.

Accordingly, Article 20 of the 1899 Convention formally

established the PCA, stating: [w]ith the object of
facilitating an immediate recourse to arbitration for
international differences which it has not been possible to
settle by diplomacy, the signatory Powers undertake to
organize a Permanent Court of Arbitration, accessible at
all times and operating, unless otherwise stipulated by the
parties, in accordance with the rules of procedure inserted
in the present Convention.

The 1899 Convention was revised at the second Hague

Peace Conference in 1907.

The 1899 and 1907 Conventions can be downloaded from

the PCA Rules and Founding Conventions section.

entities, intergovernmental organizations, and private

parties.

Structure:
The PCA is not a court in the traditional sense, but a
permanent framework for arbitral tribunals constituted to
resolve specific disputes.
The PCA has a three-part organizational structure
consisting of an Administrative Council that oversees its
policies and budgets, a panel of independent potential
arbitrators known as the Members of the Court, and its
Secretariat, known as the International Bureau, headed
by the Secretary-General.
As part of its environmental dispute resolution
services, the PCA maintains a list of arbitrators who
specialize in disputes relating to the environment and
natural resources, as well as a list of scientific and
technical experts who may be appointed as expert
witnesses under the PCAs Environmental Rules.

Administrative Council
Member states diplomatic representatives accredited to
The Netherlands comprise the Administrative Council,
under the chairmanship of the Netherlands Minister for
Foreign Affairs. This body, in consultation with the
Secretary-General, shapes the policy of the organization.

Today the PCA provides services for the resolution of

disputes involving various combinations of states, state
1

International Bureau

Members of the Court

The PCAs Secretariat - the International Bureau consists of an experienced team of legal and
administrative staff of various nationalities.

Members of the Court are potential arbitrators appointed

by member states. Each member state is entitled to
nominate up to four persons of known competency in
questions of international law, of the highest moral
reputation and disposed to accept the duties of
arbitrators as Members of the Court.