Practice question
A company asks the PCA International Bureau to issue a binding merits award against a State immediately. It identifies no arbitration agreement, treaty consent or constituted tribunal and argues that payment of registry fees alone creates adjudicative authority. What is the best response?
- Administrative services do not themselves create jurisdiction or make the Bureau the merits tribunal
- Fees alone confer universal jurisdiction
- The Bureau automatically becomes the ICJ
- Every State accepts every private claim by belonging to the PCA framework
- An unappointed roster member may issue the award alone on personal initiative
Legal references
- PCA Introduction, Bureau and arbitrator selection: https://pca.int/en/about/introduction/ ; 1907 Convention Article 37: https://docs.pca-cpa.org/2016/01/1907-Convention-for-the-Pacific-Settlement-of-International-Disputes-1.pdf
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