Editing Permanent Court of Arbitration (section)

==Functions==
PCA tribunals have jurisdiction for disputes based on the PCA founding documents (the Conventions on Pacific Settlement of International Disputes), or based on bilateral and multilateral treaties. Its Secretary General furthermore acts as an appointing authority for arbitration.

===Appointing authority===
When problems arise in designating arbitrators for an arbitration under [[UNCITRAL]] arbitration rules (e.g. because one of the parties refuses to designate an arbitrator, or when the designated arbitrators are unable to agree on designation of a third arbitrator), the PCA Secretary-General may be requested to serve as an appointing authority. This option is also open for other arbitration agreements, in which the Secretary General is designated.<ref name=appointing>{{cite web|title=PCA Secretary-General as Appointing Authority|access-date=30 July 2016|work=Permanent Court of Arbitration|url=https://pca-cpa.org/en/services/appointing-authority/pca-secretary-general-as-appointing-authority/|url-status=dead|archive-url=https://web.archive.org/web/20160827181525/https://pca-cpa.org/en/services/appointing-authority/pca-secretary-general-as-appointing-authority/|archive-date=27 August 2016}}</ref> Between 2011, and 2015, 257 of such requests were submitted.<ref name=AR2015/>

===Interstate arbitration based on the Hague Convention===
Arbitration between two states takes place when two member states of the PCA decide to submit a dispute for arbitration to a PCA Tribunal. The Tribunal consists of five arbitrators:  two (one of whom may be a national of the party concerned) are selected by each party to the arbitration;  these four arbitrators then choose the fifth and presiding arbitrator.<ref>{{cite web|url=http://avalon.law.yale.edu/20th_century/pacific.asp|title=1907 The Hague Convention for the Pacific Settlement of International Disputes|access-date=31 July 2016|url-status=live|archive-url=http://archive.wikiwix.com/cache/20110816180903/http://avalon.law.yale.edu/20th_century/pacific.asp|archive-date=16 August 2011}}</ref>

===Interstate arbitration based on UNCLOS===
The [[United Nations Convention on the Law of the Sea]] (UNCLOS) provides for a dispute resolution mechanism regarding maritime boundaries in which member states can choose either the 
#[[International Tribunal for the Law of the Sea]]
#[[International Court of Justice]], 
#arbitral tribunal (constituted in accordance with Annex VII, UNCLOS){{Citation needed|date=July 2023}}
#a special arbitral tribunal (constituted in accordance with Annex VIII). 
If two member states have elected different dispute resolution measures, the third option is to be used.<ref name=UNCLOS>{{cite web|url=https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf|title=United Nations Convention on the law of the sea|quote=article 287|access-date=31 July 2016|url-status=live|archive-url=https://web.archive.org/web/20151109235201/http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf|archive-date=9 November 2015}}</ref> As of August 2016, the PCA has administered twelve of the thirteen cases initiated by states under Annex VII to the [[UNCLOS]].<ref>{{cite web |url=https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Press-Release-No-11-English.pdf |title=Archived copy |access-date=2016-07-13 |url-status=dead |archive-url=https://web.archive.org/web/20160712201412/https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Press-Release-No-11-English.pdf |archive-date=2016-07-12 }}</ref><ref name=UNCLOSPCA>{{cite web|access-date=31 July 2016|work=PCA|title=United Nations Convention on the Law of the Sea|url=https://pca-cpa.org/en/services/arbitration-services/unclos/|url-status=dead|archive-url=https://web.archive.org/web/20160827171112/https://pca-cpa.org/en/services/arbitration-services/unclos/|archive-date=27 August 2016}}</ref>

===Investor{{endash}}state investment disputes===
Many [[free trade agreement]]s provide for a mechanism to resolve disputes between investors and states through arbitration through so-called investor-state dispute settlement ([[ISDS]]) clauses. The PCA may play a role in such proceedings as appointing authority for arbitrators, by use of its arbitration rules or by providing support to the arbitration case.<ref>{{cite web|url=https://pca-cpa.org/en/documents/instruments-referring-to-the-pca/|work=PCA|title=INSTRUMENTS REFERRING TO THE PCA|access-date=31 July 2016|url-status=dead|archive-url=https://web.archive.org/web/20160827154320/https://pca-cpa.org/en/documents/instruments-referring-to-the-pca/|archive-date=27 August 2016}}</ref>