Appointment Services

Article 1: PCIA Appointment Services 

1.1    These terms and conditions (PCIA Appointment Terms and Conditions) effective from 1 December 2023 set out the terms on which the PCIA may provide the following services: 

 (a)     the appointment of an adjudicator in ad hoc adjudications (Adjudication); 

 (b)    the appointment of an expert in ad hoc expert determinations (Expert Determination); 

 (c)     the appointment of an arbitrator in ad hoc arbitrations (Ad Hoc Arbitration)¹ ; and; 

 (d)    the appointment of a substitute of any of the above;  each the Appointment, provided that the parties to the Adjudication or Expert Determination or Ad Hoc Arbitration (each a Party and together the Parties) have either agreed that the PCIA will serve as appointing authority or a third entity has designated the PCIA as appointing authority and, in all cases, the PCIA has agreed to make the Appointment in accordance with Article 2.3. 

1.2    These PCIA Appointment Terms and Conditions apply to the appointment of an adjudicator and an expert in proceedings that are not administered by an institution and to the appointment of an arbitrator in arbitrations that are not administered by an institution and that do not fall within the scope of the PCIA UNCITRAL Terms and Conditions. 

1.3    For the purpose of these PCIA Appointment Terms and Conditions, any adjudicator/expert or arbitrator, including any appointment of a substitute thereof, is referred to as the Neutral. 

1.4    In addition to terms that are expressly defined to include the plural, all other references in these PCIA Appointment Terms and Conditions to the singular shall also include the plural, where applicable, and vice versa. 

Article 2: Requests for the PCIA’s Services 

2.1     A Party may request the PCIA to make one or more of the Appointments by sending the PCIA a request by email to registrar@pariscourt.org  (Request) together with: 

 (a)    a copy of the relevant clause, standalone agreement or decision of the third entity for the PCIA to act or be designated as the appointing authority; 

 (b)     a copy of the underlying contract between the Parties; 

 (c)     a summary of the nature of the dispute and the expertise that the Parties have agreed that the Neutral should have; 

 (d)   the email address of each Party including the email address of any legal representatives authorised to act on legal matters for the Party, and who is on the record in the Adjudication, Expert Determination, or Ad Hoc Arbitration (Legal Representatives); 

 (e)   the EU value added tax (EU VAT) details for each Party if they are subject to EU VAT; 

 (f)     confirmation that a non-refundable fee of US$2,500 (Registration Fee) for each Appointment requested has been deposited in the PCIA’s bank account. Where a Party or the Parties request that the PCIA provide more than one Appointment in support of the same Expert Determination, Adjudication or Ad Hoc Arbitration, a further non-refundable Registration Fee is payable for each such Appointment unless the PCIA shall decide in its sole discretion, and without the need to state any reasons, to waive such further Registration Fee. 

2.2    Parties to any Request designating the PCIA as an appointing authority, filed with the PCIA on or after 1 December 2023, and any Neutral to be appointed, are deemed to have consented to these PCIA Appointment Terms and Conditions. 

2.3    Once the PCIA has received the Request and the Registration Fee in accordance with Article 2.1, the PCIA will decide in its sole discretion, and without the need to state any reasons, whether it is willing to make the Appointment(s) and will inform the Parties of its decision as soon as practicable. 

2.4    Unless otherwise directed by the PCIA, all communications shall be delivered in electronic form to registrar@pariscourt.org  and any communication so delivered shall be treated as having been received. 

2.5    When a Party communicates with, or copies correspondence to, the PCIA in connection with the Appointment, that Party shall prominently quote the PCIA case reference number. 

2.6    If there is any change to the contact details of a Party or its Legal Representatives, that Party shall promptly inform the other Party and the PCIA in writing of the new contact details, and such details should then be used. 

2.7     Unless and until the Party informs the other Party and the PCIA of any change, the other Party, and the PCIA are entitled to continue using that Party’s previous contact details (including the contact details for their previous Legal Representatives). 

Article 3: The PCIA's Fees and Expenses 

3.1    The Parties shall be jointly and severally liable for the PCIA’s fees and expenses. 

3.2    The PCIA will charge the Parties for time spent performing the administrative functions necessary to provide the Appointment, at the following rates, as amended from time to time in its sole discretion, and without the need to state any reasons:² 

 (a)    for the Registrar, or Deputy Registrar: US$350 per hour; 

 (b)    for Senior Counsel or Counsel: US$325 per hour; 

 (c)    for Casework Administrator functions: US$275 per hour; and 

 (d)   for Casework Accounting functions: US$225 per hour. 

The rates provided above exclude EU VAT. 

3.3     The PCIA will charge the Parties expenses, if any, incurred by the PCIA and by members of the PCIA Court in connection with the Appointment (such as postage, telephone, travel, etc) and additional arbitration support services, whether provided by the PCIA, or by the members of the PCIA Court, from its own resources or otherwise. 

3.4    The PCIA will not fulfil any Appointment unless it is in receipt of sufficient funds to cover its fees and expenses and, in any event, will notify the Parties of the Appointment when the PCIA’s charges have been settled in full, irrespective of the time limit provided by the relevant clause, standalone agreement or decision of the third entity for the PCIA to act or be designated as the appointing authority. 

3.5    The PCIA will periodically render invoices for its fees and expenses. Once invoices are rendered, the PCIA will deduct the fees directly from the account in accordance with the payment terms of its invoice. 

3.6    EU-based Parties shall be jointly and severally liable to the PCIA for any EU VAT chargeable on or in respect of the Appointment by the PCIA. 

3.7     Any bank charges incurred on any transfer of funds by or to the Parties shall be borne exclusively by the Parties. 

Article 4: Deposits of Costs 

4.1    The PCIA shall direct deposits from the Parties in such proportions and at such times as it thinks appropriate, to cover the PCIA’s fees and expenses for the Appointment. 

4.2    Any deposits made to the PCIA at its own direction, shall be the property of the PCIA to be disbursed or otherwise applied by the PCIA in accordance with these PCIA Appointment Terms and Conditions. The Parties agree that the PCIA shall not act as trustee, and its sole duty in respect of the funds received shall be to act in accordance with these PCIA Appointment Terms and Conditions.;    

4.3    The Parties are not entitled to interest on any credit balance, and any interest earned from funds paid to the PCIA by the Parties shall accrue for the sole benefit of the PCIA. 

4.4    The PCIA will only accept deposits, and any other payments in connection with the Appointment, from a Party or a Party’s Legal Representatives, and the PCIA’s acceptance of deposits/payments is subject to Article 6. 

4.5    No Party should deposit or seek to deposit funds with the PCIA (other than the Registration Fee) before the PCIA has confirmed its willingness to make the Appointment in accordance with Article 2.3. Otherwise, and unless the PCIA obtains satisfactory additional information, it may, in its sole discretion, and without the need to state any reasons, return the funds to the account from which they were paid. 

Article 5: Return of Funds 

5.1    Where the PCIA holds deposits made in accordance with Article 4 above and there is an excess amount to be returned to the Parties, the PCIA will return the funds: 

 (a)     in accordance with any written agreement between the Parties; failing which, 

 (b)    the PCIA shall return the funds in the same proportions and to the same Parties as the payments were made to the PCIA. 

5.2    Subject to Article 6, once instructions are provided, the PCIA will transfer the excess amount as soon as practicable in accordance with the details provided by the Parties and provide confirmation to the Parties that the transfer has occurred. 

5.3    The PCIA will make reasonable attempts to contact the Parties in order to arrange for the transfer of the excess amount, using the contact details provided to the PCIA during the proceedings. If a response is not received from a Party so contacted within 30 days, the PCIA will provide that Party with written notice of its intention to retain the excess amount. If no response is received within a further 60 days, the Party will be deemed irrevocably to have waived any right to claim and/or receive the excess amount. 

5.4    If a payment or payments have been made or the excess funds have been dealt with, such that the account has no balance remaining, the PCIA may close the account. 

Article 6: Compliance 

6.1    Any dealings between a Party, the Neutral(s) and the PCIA will be subject to any requirements applicable to that Party, the Neutral(s) or the PCIA relating to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering and/or economic or trade sanctions (Prohibited Activity), and the PCIA will deal with any Party and any Neutral on the understanding that it is complying with all such requirements. 

6.2    The PCIA may refuse to act on any instruction and/or accept or make any payment if the PCIA determines (in its sole discretion and without the need to state any reasons) that doing so may involve Prohibited Activity, or breach any law, regulation, or other legal duty which applies to it, or that doing so might otherwise expose the PCIA to enforcement action or censure from any regulator or law enforcement agency. 

6.3    The Parties and the Neutral(s) agree to provide the PCIA with any information and/or documents reasonably requested by the PCIA for the purpose of compliance with laws relating to Prohibited Activity. The PCIA may take any action it considers appropriate to comply with any applicable obligations relating to Prohibited Activity, including disclosure of any information and documents to courts, law enforcement agencies or regulatory authorities. 

Article 7: Data Protection 

7.1    Any processing of personal data by the PCIA is subject to applicable data protection legislation, and the PCIA’s data protection notice can be found on the PCIA’s website. 

Article 8: Limitation of Liability 

8.1    The PCIA is not liable, or otherwise responsible, for any loss incurred by the Parties, the Neutral, or any third parties, as a consequence of the failure of, or any act or omission by, any bank or banks holding funds. 

8.2    None of the PCIA (including its officers, members, and employees), the PCIA Court (including its President, Vice-Presidents, Honorary Vice-Presidents, former Vice-Presidents, and members), the PCIA Board (including any board member) and the Registrar (including any Deputy Registrar) shall be liable to any Party or any Neutral(s) howsoever for any act or omission in connection with the Appointment, save: 

 (a)    where the act or omission is shown by that Party, or that Neutral, to constitute conscious and deliberate wrongdoing committed by the body or person alleged to be liable to that Party, or to that Neutral; or 

 (b)     to the extent that any part of this provision is shown to be prohibited by any applicable law. 

Article 9: Governing Law and Jurisdiction 

9.1    These PCIA Appointment Terms and Conditions constitute the entire agreement between the PCIA, the Parties and the Neutral(s) concerning the Appointment(s). 

9.2    These PCIA Appointment Terms and Conditions (and any non-contractual obligations related to them) are governed by, and shall be interpreted in accordance with, the laws of the State of New York. 

9.3    The Dubai International Arbitration Centre (DIAC) shall have exclusive jurisdiction to hear and decide any action, suit or proceedings between a Party, the Neutral(s), the PCIA (including its officers, members and employees), the PCIA Court (including its President, Vice Presidents, Honorary Vice Presidents, former Vice Presidents and members), the PCIA Board (including any board member), the Registrar (including any Deputy Registrar) which may arise out of or in connection with these PCIA Appointment Terms and Conditions (including any non-contractual obligations related to them) and, for these purposes, each Party and each Neutral irrevocably submits to the jurisdiction of the Dubai International Arbitration Centre.  

¹ Appointments under the 2010 or 2013 UNCITRAL arbitration rules (UNCITRAL Arbitration Rules) are governed by the PCIA UNCITRAL Terms and Conditions found on our website 

²  Minimum unit of time in all cases: six minutes