Model Arbitration Clauses - for Use with the Permanent Court of Arbitration Optional Rules for Arbitration between International Organizations and Private Parties - Future and Existing Disputes

Sep 16, 2026

Model arbitration clauses to support dispute settlement between an international organization and a non-state, non-international-organization party under the Permanent Court of Arbitration Optional Rules for Arbitration between International Organizations and Private Parties. Covers arbitration language for future disputes and for existing disputes via a new agreement or amendment, with optional tailoring for number of arbitrators, arbitral proceeding language, appointing authority, seat, and an express waiver of immunity from execution. Includes notes explaining how these options relate to specific provisions of the Rules.

LanguageEnglish

CategoryLetters

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

Future Disputes

Existing Disputes

Notes

MODEL ARBITRATION CLAUSES FOR USE IN CONNECTION WITH THE PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATION BETWEEN INTERNATIONAL ORGANIZATIONS AND PRIVATE PARTIES Future Disputes Where an international organization and a party that is neither a State nor an international organization are parties to an agreement and wish to have any disputes referred to arbitration under these Rules, they may insert in the contract an arbitration clause in the following form: 1. Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of this contract, including its existence, validity or termination, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration between International Organizations and Private Parties, as in effect on the date of this agreement.1 Parties may wish to consider adding: 2. The number of arbitrators shall be [insert ‘one’or ‘three’] .2 3. The language(s) to be used in the arbitral proceedings shall be . . . [insert choice of one or more languages] .3 4. The appointing authority shall be the Secretary-General of the Permanent Court of Arbitration. 5. The place of arbitration shall be . . . [insert city and country] . 6. This agreement to arbitrate constitutes a waiver of any right to immunity from execution to which aparty might otherwise be entitled with respect to the enforcement of any award rendered by an arbitral tribunal constituted pursuant to this agreement.4 Existing Disputes If the parties have not already entered into an arbitration agreement, or if they mutually agree to change a previous agreement in order to provide for arbitration under these Rules, they may enter into an agreement in the following form: The parties agree to submit the following dispute to final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration between International Organizations and Private Parties, as in effect on the date of this agreement: . . . [insert brief description of dispute] . Parties may wish to consider adding paragraphs 2-6 ofthe arbitration clause for future disputes as set forth above. NOTES 1. Parties may agree to vary this model clause. If they consider doing so, they may consult with the Secretary-General of the Permanent Court of Arbitration to ensure that the clause to which they agree will be appropriate in the context of the Rules, and that the functions of the Secretary-General and the International Bureau can be carried out effectively. 2. If the parties do not agree on the number of arbitrators, the number shall be three, in accordance with article 5 of the Rules. 3. If the parties do not agree on the language, or languages, to be used in the arbitral proceedings, this shall be determined by the arbitral tribunal in accordance with article 17 of the Rules. 4. Waiver of immunity from jurisdiction is provided in article 1, paragraph 2 of the Rules.

FAQs

How do the model clauses apply to future disputes?

They allow an international organization and a non-state, non-international-organization party to insert an arbitration clause covering any dispute related to interpretation, application, performance, existence, validity, or termination of the contract.

What differs for existing disputes if the parties already have no arbitration agreement?

The parties can enter into an arbitration agreement to submit a described dispute to final and binding arbitration under the same Optional Rules, optionally adding paragraphs 2–6 for future-dispute settings.

What optional items can the parties specify in the clause?

The clause may be tailored with the number of arbitrators, the language(s) for arbitral proceedings, the appointing authority, the place (seat) of arbitration, and an express waiver of any right to immunity from execution regarding enforcement of an award.

Sep 16, 2026

Upload by Lucas Martin