International Arbitration

International Arbitration Information by Aceris Law LLC

  • International Arbitration Resources
  • Search Engine
  • Model Request for Arbitration
  • Model Answer to Request for Arbitration
  • Find International Arbitrators
  • Blog
  • Arbitration Laws
  • Arbitration Lawyers
You are here: Home / Arbitration Rules / The PCA Secretary General’s Role as Arbitrator Appointing Authority

The PCA Secretary General’s Role as Arbitrator Appointing Authority

14/12/2016 by International Arbitration

The Secretary General of one of the oldest arbitral institutions in the word, the Permanent Court of Arbitration (the “PCA”), has a very important role under the UNCITRAL Rules as an arbitrator appointing authority.

Arbitrator Appointing Authority Under both the 1976 and the 2010 UNCITRAL Rules (as revised in 2013), the Secretary General acts as the appointing authority when designated by the arbitration clause or subsequent agreement by the parties. In addition, the UNCITRAL Rules entrust him or her with the role of the designator of the “appointing authority”, the so-called “indirect appointment” method, for ad hoc arbitrations under the UNCITRAL Rules.

Under the 1976 UNCITRAL Arbitration Rules, the PCA Secretary General may be requested to designate an “appointing authority” in following cases: when there is to be a sole arbitrator but the parties could not agree within the prescribed amount of time (Article 6), in cases when there are three arbitrators, but the Respondent does not appoint the arbitrator within the prescribed period of time ( Article 7, (2) and (3) ) or when two arbitrators appointed by the parties cannot agree on the choice of the President (Article 7, (3)). In addition, the Secretary General will also take this role when the appointing authority agreed upon refuses to act or fails to appoint the arbitrator (Article 6(2) and Article 7(2)), a less common situation. Furthermore, pursuant to Article 12 of the UNCITRAL Rules, he is also given certain powers in case of the challenge of an arbitrator.

Essentially the same provisions can be found in the 2010 UNCITRAL Rules, with slight changes in article numbering.

When the Secretary General acts as the appointing authority, he generally follows the list-procedure provided by Article 6(3) 1976 UNCITRAL Rules and Article 8(2) 2010 Rules. However, the choice of arbitrators for the list-procedure or direct appointments is not limited to any list or panel, and he has broad discretion to choose whoever he finds the most appropriate arbitrator for a particular case.

In practice, the PCA’s role as designator of the arbitrator appointing authority has functioned well under the UNCITRAL Rules. The first Request dates from the days of the Iran-US Claims Tribunal, but the number of requests has increased regularly since then. This “indirect” method might not be the most efficient for the parties, but it provides for the most equitable result, taking into account that it would be extremely hard for a small institution to be able to be the arbitrator appointing authority in each and every case referred to them anywhere in the world.

  • Nina Jankovic, Aceris Law SARL

Filed Under: Arbitration Rules, PCA Arbitration, UNCITRAL Arbitration

Search Arbitration Information

Arbitrations Involving International Organisations

Before Commencing Arbitration: Six Critical Questions to Ask

How to Commence an ICDR Arbitration: From Filing to Tribunal Appointment

Behind the Curtain: A Step-by-Step Guide to ICC Arbitration

Cross-Cultural Differences and Impact on Arbitration Procedure

When Arbitrators Use AI: LaPaglia v. Valve and the Boundaries of Adjudication

Arbitration in Bosnia and Herzegovina

The Importance of Choosing the Right Arbitrator

Arbitration of Share Purchase Agreement Disputes Under English Law

What Are the Recoverable Costs in ICC Arbitration?

Arbitration in the Caribbean

English Arbitration Act 2025: Key Reforms

Translate


Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

About Us

The international arbitration information on this website is sponsored by the international arbitration law firm Aceris Law LLC.

© 2012-2025 · IA