Practice question
States Iona and Juno agree to a PCA-administered arbitration under a valid submission. Their dispute concerns interpretation of a water-sharing treaty. After losing, Juno says the award is merely a mediator's nonbinding suggestion because the PCA supports both mediation and arbitration. Assuming a valid binding award under the agreed framework, which is correct?
- All PCA-supported processes have identical nonbinding effect
- Arbitration and mediation have distinct legal effects; the institution's support for both does not erase the binding arbitral commitment
- Mediation services invalidate every arbitration clause
- The International Bureau must personally retry the merits
- Only a permanent bench may ever issue a binding decision
Legal references
- 1907 Convention Articles 6 and 37: https://docs.pca-cpa.org/2016/01/1907-Convention-for-the-Pacific-Settlement-of-International-Disputes-1.pdf
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