International Court of Arbitration/ICA

ZS 2010-11

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International Law and Courts Office Number: 304 Metropolitní univerzita Praha, o.p.s.Dubečská 900/10100 31 Praha 10 - StrašniceCourse time: Tuesday Winter Semestr 2010/11, 11.40 – 13.10, Dubečská, No. 109Office hours: Please contact me by appointment, on Tuesday, on Thursday Jarov.

Mgr. Ilona KostadinovováKontakt: ilda@seznam.czWeb: http://akilda.webnode.cz/

Session Breakdown:

Week 4)The first quiz.

Permanent Court of Arbitration (PCA)

An important and relevant theory to this course concerns the history of the court and the role of this court and the basic principles of the proceedings under the court.

This Week´s Readings:This lesson looks at some cases.http://pca-cpa.org/

Permanent Court of Arbitration (PCA)

The PCA is an intergovernmental organization with over one hundred member states.

Established in 1899 to facilitate arbitration and other forms of dispute resolution between states, the PCA has developed into a modern, multi-faceted arbitral institution that is now perfectly situated at the juncture between public and private international law to meet the rapidly evolving dispute resolution needs of the international community.

Today the PCA provides services for the resolution of disputes involving various combinations of states, state entities, intergovernmental organizations, and private parties.

Permanent Court of Arbitration (PCA)The PCA's Secretariat, the International Bureau, headed by its Secretary-General, provides full registry services and legal and administrative support to tribunals and commissions.

Its caseload reflects the breadth of PCA involvement in international dispute resolution, encompassing territorial, treaty, and human rights disputes between states, as well as commercial and investment disputes, including disputes arising under bilateral and multilateral investment treaties. The PCA can assist in the selection of arbitrators, and may be called upon to designate or act as appointing authority. The PCA is also a center for scholarship and publication, and a forum for legal discourse.

HISTORY

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 was 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."

The most concrete achievement of the Conference was the establishment of the PCA: the first global mechanism for the settlement of disputes between states. The 1899 Convention was revised at the second Hague Peace Conference in 1907.

Basic Documents

Contains downloadable PDF files of the conventions, rules, and model clauses that constitute the PCA's basic documents. http://pca-cpa.org/showpage.asp?pag_id=1067

CentenaryTo celebrate the 100th anniversary of the 1907 Hague Peace Conference and the 1907 Convention for the Pacific Settlement of International Disputes, a commemorative meeting of the PCA’s Administrative Council was held for PCA member states on October 18, 2007.

Historic awardsWorking in close co-operation with the PCA, the Hague Justice Portal is making the PCA’s historic international arbitral awards available for the first time in electronic format.

The PCA’s awards from the early 20th century, together with additional documents relating to those arbitrations, are being made available online at the Hague Justice Portal in both searchable PDF and HTML format.

UNICITRALMember states of the United Nations Commission on International Trade Law (UNCITRAL) together represent the different legal, economic and social systems, and geographic regions of the world.

The UNCITRAL Arbitration Rules, adopted in 1976, entrust the Secretary-General of the PCA with the role of designating an "appointing authority" upon request of a party to arbitration proceedings. This role has taken on increasing significance in recent years as the acceptance and use of the UNCITRAL Rules has increased.

In addition to the role of designating appointing authorities, the Secretary-General of the PCA will act as the appointing authority under the UNCITRAL Arbitration Rules when the parties so agree.

UNICITRAL

The PCA also frequently provides full administrative support in arbitrations under the UNCITRAL Arbitration Rules.

Further information concerning the PCA’s appointing authority activities is provided in the PCA’s Annual Reports:http://pca-cpa.org/showpage.asp?pag_id=1069

A 2006 report of the PCA Secretary-General to UNCITRAL about the PCA's activities under the UNCITRAL Arbitration Rules since 1976 is available here:

http://pca-cpa.org/upload/files/PCA%20to%20UNCITRAL%20Report%202006.pdf

CasesThe PCA only identifies the parties and publishes awards or other information in proceedings under PCA auspices where the parties have so agreed.

http://pca-cpa.org/showpage.asp?pag_id=1029

European American Investment Bank AG v. The Slovak RepublicThe PCA is providing administrative support in this arbitration, which is being conducted under the UNCITRAL Arbitration Rules pursuant to the Agreement between the Republic of Austria and the Czech and Slovak Federal Republic Concerning the Promotion and Protection of Investments.

http://pca-cpa.org/showpage.asp?pag_id=1373

Czech Courts?Czech Constitution – basic document, Act Number 1 / 1993 Coll.

Ústavní soud ČR – v Brněhttp://www.usoud.cz-Act N. 182/1993 Coll.

Nejvyšší soud – v Brněhttp://www.nsoud.cz-Okresní a krajské soudy- Act N. 99/1963 Coll. Nejvyšší správní soud - v Brněhttp://www.nssoud.cz- Act N. 150/2002 Coll.

Ilona Kostadinovováilda@seznam.cz

http://akilda.webnode.cz/

Thank you for your attention. I wish you a beautiful rest of the day.

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