Practice question
Under Article48, StateA sends the International Bureau a declaration that it is ready to arbitrate a dispute. StateB claims the mere forwarding of that note automatically constitutes B’s consent and a final merits award. Which is best?
- The Bureau communicates the declaration; that act is not itself the other State’s consent or an award
- Forwarding necessarily creates a final award
- A unilateral letter automatically appoints all PCA Members to decide
- The Bureau becomes StateB’s legislature
- Every invitation to arbitrate is legally a declaration of war
Legal references
- 1907 Hague Convention Articles44,48–49, PCA official text: https://docs.pca-cpa.org/2016/01/bd7626f1-1907-convention-for-the-pacific-settlement-of-international-disputes.pdf
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