The modern tendency to restrict international arbitration to matters of
commerce and investment is succumbing to a renewed recognition of the original
impetus for dispute resolution by arbitration – i.e., matters of public
international law, most importantly the settlement of disputes that pose a
threat of international conflict. Recent developments suggest a renaissance of
public international arbitration, most clearly manifested in the present
flourishing of the Permanent Court of Arbitration (PCA), the oldest existing
dispute settlement institution in international law.
As the calls for the development of new and more appropriate methods for
dispute settlement in international law increased during the 1990s, the PCA
undertook a structural reform and is today a vital forum for dispute
settlement, with scores of arbitrations currently pending under its auspices.
This book – the most comprehensive study of the institution to date, covering
its history, its present status, and its future prospects – proves the PCA’s
contemporary relevance within the international dispute settlement framework.
Among aspects of the PCA’s work covered are the following:
how public international arbitration functions in comparison to other means
available for dispute settlement in international law;
the PCA’s historical contributions to the current dispute settlement framework;
arbitrations between a state and a non-state actor that are in whole or in
part governed by public international law;
the fields in which public international arbitration plays a revived role;
the PCA’s present-day institutional framework and its current activities;
the prospects for public international arbitration and the PCA in the dispute
settlement framework of the twenty-first century; and
A very useful Practitioner’s Guide provides an overview of the PCA’s various
services and the best means of accessing them, along with a summary of the key
provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved
in dispute resolution proceedings, there can be little doubt about the PCA’s
relevance. This book is at once an academic work, indispensable for scholars
of the institution, and a practical guide that will be a required addition to
the libraries of counsel, arbitrators, and others involved in dispute
resolution proceedings conducted at the PCA.
proposals to increase the PCA’s activities in future and to sustain and
enhance the institution’s ongoing revitalization.
Foreword by Brooks W. Daly. Preface. List of Abbreviations. INTRODUCTION
Awakening Sleeping Beauties? CHAPTER 1 Roots of Public International
Arbitration and the Permanent Court of Arbitration. CHAPTER 2 Public
International Arbitration in Today’s Dispute Settlement Framework.
CHAPTER 3 Today’s Activities of the Permanent Court of Arbitration.
CHAPTER 4 Prospects for International Arbitration and the PCA in the
Twenty-First Century. CONCLUSION Institutionalized Arbitration
Revisited. ANNEX I Inter-State and Inter-State Related Arbitral
Proceedings since 1945. Bibliography. Index.