The Work of the Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization established by treaty in 1899 to facilitate the resolution of disputes between states without recourse to war. Over the course of the 20th century, the PCA’s mandate evolved to handle disputes involving a mix of private and public parties. Its docket today includes state to state disputes, over 80 cases between foreign investors and host states under bilateral and multilateral investment treaties, and around 50 cases under a variety of agreements involving individuals, companies, state-owned enterprises, States and IGOs.
PCA Senior Legal Counsel, Judith Levine, will reflect on some of the key developments in this evolution, including the boom in investment treaty arbitrations, the first intra-State arbitration (Abyei); the first UNCLOS arbitrations involving non-participating respondents and non-party participants (Arctic Sunrise and South China Sea); the first conciliation under UNCLOS (Timor Sea); the first publicly known business and human rights arbitrations (Bangladesh Accord); and a growing number of disputes stemming from the global threat of climate change. In the context of this recent PCA experience, she will reflect on how arbitration is adapting to address expectations of efficiency and legitimacy.