Permanent Court of Arbitration

The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international arbitrations involving various combinations of States, State entities, international organizations and private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 126 Contracting Parties. The PCA is not a United Nations agency, but has been a United Nations observer since 1993.

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 of 1899. The Conference had been convened at the initiative of emperor Nicholas 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".

In the first three decades of its existence, the PCA was a major forum for resolving inter-state disputes. Subsequently, the organization went dormant for much of the 20th century, as states opted to use the Permanent Court of International Justice instead of the PCA. In the 21st century, the PCA has resurged as a venue for resolving investor-state disputes.

The PCA is not a conventional court, but an administrative organization with the objective of having permanent and readily available means to serve as the registry for purposes of international arbitration and other related procedures, including commissions of enquiry and conciliation.

The Administrative Council (formally the Permanent Administrative Council) is a body composed of all the diplomatic representatives of the Contracting Parties accredited to the Netherlands. It is presided by the Minister of Foreign Affairs of the Netherlands, who is also a Contracting Party. It is responsible for the "direction and control" of the International Bureau, directs the organisation's budget and reports on its activities.

The International Bureau is the Secretariat of the PCA and is headed by the Secretary-General. It provides linguistic, research, administrative and financial support to PCA arbitration tribunals.

The third organ of the PCA are the Members of the Court. Each Contracting Party may appoint 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" for a renewable 6-year term. In addition to forming a panel of potential arbitrators, the Members of the Court from each Contracting Party constitute a “national group,” which is entitled to nominate candidates for the election to the International Court of Justice. The Members of the Court (along with the judges of the International Court of Justice) are among a handful of groups entitled to nominate candidates for the Nobel Peace Prize.

Parties to a dispute may, but are not obliged to, select arbitrators from the list of the Members of the Court.