PCIA Appointment Services: Terms and Conditions

These Paris Court of International Arbitration (PCIA) Appointment Terms and Conditions, effective from 1 December 2023, delineate the framework under which the PCIA may render its specialized appointment services.

Article 1: Scope of PCIA Appointment Services

1.1 The PCIA may provide the following appointment services (each, an "Appointment"), provided that the parties to the relevant Adjudication, Expert Determination, or Ad Hoc Arbitration (each, a "Party," and collectively, the "Parties") have either explicitly designated the PCIA as the appointing authority or a third entity has so designated the PCIA, and in all instances, the PCIA has consented to undertake such Appointment in accordance with Article 2.3: (a) The designation of an adjudicator for ad hoc adjudications ("Adjudication"); (b) The designation of an expert for ad hoc expert determinations ("Expert Determination"); (c) The designation of an arbitrator for ad hoc arbitrations ("Ad Hoc Arbitration"); and (d) The designation of a substitute for any of the aforementioned roles.

1.2 These PCIA Appointment Terms and Conditions govern the appointment of adjudicators and experts in proceedings not administered by an institution, and the appointment of arbitrators in arbitrations that are not institutionally administered and do not fall within the purview of the PCIA UNCITRAL Terms and Conditions.

1.3 For the purposes of these PCIA Appointment Terms and Conditions, any individual appointed as an adjudicator, expert, or arbitrator, including any substitute thereof, shall be referred to as the "Neutral."

1.4 Unless explicitly defined to include the plural, all other references in these PCIA Appointment Terms and Conditions to the singular shall be construed to also encompass the plural, where contextually appropriate, and vice versa.

Article 2: Procedures for Requesting PCIA Services

2.1 A Party may formally request the PCIA to effectuate one or more Appointments by submitting a comprehensive request via email to registrar@pariscourt.org (the "Request"). The Request must be accompanied by the following: (a) A verifiable copy of the contractual clause, a standalone agreement, or the decision from a third entity that confers upon or designates the PCIA as the appointing authority; (b) A copy of the foundational contract between the Parties that underlies the dispute; (c) A concise summary detailing the nature of the dispute and specifying the requisite expertise that the Parties mutually agree the Neutral should possess; (d) The electronic mail address for each Party, including the email addresses of any authorized legal representatives officially on record for the Party in the respective Adjudication, Expert Determination, or Ad Hoc Arbitration ("Legal Representatives"); (e) The European Union Value Added Tax (EU VAT) identification details for each Party, if subject to EU VAT; (f) Confirmation of the successful deposit of a non-refundable fee of US$2,500 (the "Registration Fee") into the PCIA’s designated bank account for each Appointment sought. Should a Party or the Parties request multiple Appointments in support of a single Expert Determination, Adjudication, or Ad Hoc Arbitration, an additional non-refundable Registration Fee shall be payable for each such additional Appointment, unless the PCIA, at its sole discretion and without obligation to provide reasons, elects to waive such further Registration Fee.

2.2 Parties submitting a Request designating the PCIA as an appointing authority on or after 1 December 2023, and any Neutral subsequently appointed, shall be deemed to have irrevocably consented to these PCIA Appointment Terms and Conditions.

2.3 Upon receipt of a complete Request and the requisite Registration Fee in accordance with Article 2.1, the PCIA shall, in its sole discretion and without obligation to articulate reasons, determine its willingness to proceed with the requested Appointment(s). The PCIA will inform the Parties of its decision with all due expedition.

2.4 Unless otherwise explicitly directed by the PCIA, all communications pertaining to these services shall be transmitted electronically to registrar@pariscourt.org. Any communication so delivered shall be considered as duly received upon transmission.

2.5 When communicating with, or copying correspondence to, the PCIA in connection with an Appointment, the Party initiating such communication shall conspicuously reference the assigned PCIA case reference number.

2.6 In the event of any alteration to the contact details of a Party or its Legal Representatives, the affected Party shall promptly notify the other Party and the PCIA in writing of the updated details, which shall thereafter be utilized for all official communications.

2.7 Until such notification of change is duly provided by a Party to the other Party and the PCIA, both the other Party and the PCIA are entitled to continue utilizing the Party's previously provided contact details, including those for their former Legal Representatives.

Article 3: PCIA Fees and Expenses

3.1 The Parties shall bear joint and several liability for all fees and expenses incurred by the PCIA in connection with the Appointments.

3.2 The PCIA shall levy charges for the time expended in performing the administrative functions essential to the provision of Appointment services. These charges shall be calculated at the following hourly rates, subject to amendment from time to time at the PCIA's sole discretion and without obligation to provide reasons: (a) For the Registrar, or Deputy Registrar: US350perhour;(b)ForSeniorCounselorCounsel:US325 per hour; (c) For Casework Administrator functions: US275perhour;and(d)ForCaseworkAccountingfunctions:US225 per hour. The rates stipulated above are exclusive of any applicable EU VAT.

3.3 The PCIA shall additionally charge the Parties for any expenses incurred by the PCIA and by members of the PCIA Court in relation to the Appointment (e.g., postage, telecommunications, travel costs, etc.), as well as for any supplementary arbitration support services, irrespective of whether such services are provided directly by the PCIA, by members of the PCIA Court, or through external resources.

3.4 The PCIA shall not finalize any Appointment unless it has received sufficient funds to fully cover its anticipated fees and expenses. In any event, the PCIA will only issue formal notification of the Appointment once all its charges have been settled in full, notwithstanding any time limit stipulated by the relevant contractual clause, standalone agreement, or third-entity designation.

3.5 The PCIA shall periodically render invoices for its fees and expenses. Upon issuance of such invoices, the PCIA is authorized to directly deduct the invoiced amounts from any funds held on account, in accordance with the payment terms specified in its invoice.

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

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

Article 4: Deposits for Costs

4.1 The PCIA reserves the right to direct the Parties to make deposits in such proportions and at such intervals as it deems appropriate to cover the PCIA’s fees and expenses associated with the Appointment.

4.2 Any deposits made to the PCIA at its direction shall become the property of the PCIA, to be disbursed or otherwise applied by the PCIA strictly in accordance with these PCIA Appointment Terms and Conditions. The Parties explicitly agree that the PCIA shall not act as a trustee, and its sole obligation regarding received funds shall be to administer them in compliance with these PCIA Appointment Terms and Conditions.

4.3 The Parties shall not be entitled to any interest on credit balances. Any interest accrued from funds paid to the PCIA by the Parties shall accrue solely for the benefit of the PCIA.

4.4 The PCIA shall only accept deposits and other payments related to an Appointment from a Party or a Party’s Legal Representatives, and such acceptance is subject to the compliance provisions of Article 6.

4.5 No Party should remit or attempt to remit funds to the PCIA (other than the Registration Fee) prior to the PCIA confirming its willingness to undertake the Appointment, as stipulated in Article 2.3. Failure to adhere to this, and unless the PCIA obtains satisfactory additional information, may result in the PCIA, at its sole discretion and without obligation to provide reasons, returning the funds to their originating account.

Article 5: Refund of Excess Funds

5.1 Where the PCIA holds deposits made pursuant to Article 4 and an excess amount remains to be returned to the Parties, the PCIA shall return such funds: (a) In strict accordance with any written agreement between the Parties; or, failing such agreement, (b) The PCIA shall return the funds in the same proportions and to the same Parties from whom the payments were originally received by the PCIA.

5.2 Subject to Article 6, once clear instructions are provided, the PCIA shall transfer the excess amount with all due expedition in accordance with the details furnished by the Parties and shall provide confirmation of the transfer to the Parties.

5.3 The PCIA shall undertake reasonable efforts to contact the Parties to arrange for the transfer of any excess amount, utilizing the contact details provided to the PCIA during the proceedings. Should no response be received from a contacted Party within 30 days, the PCIA shall provide that Party with written notice of its intent to retain the excess amount. If no response is received within a further 60 days following this notice, the Party shall be deemed to have irrevocably waived any right to claim and/or receive the excess amount.

5.4 Should a payment or payments result in the account having no remaining balance, the PCIA reserves the right to close the associated account.

Article 6: Compliance Framework

6.1 All interactions and dealings between a Party, the Neutral(s), and the PCIA shall be subject to any applicable requirements pertaining to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering, and/or economic or trade sanctions (collectively, "Prohibited Activity"). The PCIA shall conduct all dealings with any Party and any Neutral on the express understanding that all such requirements are being fully observed.

6.2 The PCIA retains the right to decline any instruction and/or refuse to accept or make any payment if the PCIA determines (in its sole discretion and without obligation to provide reasons) that doing so may involve Prohibited Activity, or would constitute a breach of any law, regulation, or other legal duty applicable to it, or might otherwise expose the PCIA to enforcement action or censure from any regulatory or law enforcement authority.

6.3 The Parties and the Neutral(s) covenant to furnish the PCIA with any information and/or documents reasonably requested by the PCIA for the purpose of ensuring compliance with laws pertinent to Prohibited Activity. The PCIA may undertake any action it deems appropriate to fulfill its applicable obligations concerning Prohibited Activity, including, but not limited to, the 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 undertaken by the PCIA shall strictly adhere to applicable data protection legislation. The PCIA’s comprehensive data protection notice is accessible on the PCIA’s official website.

Article 8: Limitation of Liability

8.1 The PCIA shall not be held liable or otherwise responsible for any loss incurred by the Parties, the Neutral, or any third parties, arising as a consequence of the failure of, or any act or omission by, any banking institution or institutions holding funds related to the Appointments.

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), nor the Registrar (including any Deputy Registrar) shall bear liability to any Party or any Neutral(s) whatsoever for any act or omission in connection with the Appointment, save only: (a) In instances where the act or omission is conclusively demonstrated by that Party or that Neutral to constitute conscious and deliberate wrongdoing perpetrated by the specific body or person alleged to be liable to that Party or that Neutral; or (b) To the extent that any portion of this provision is determined 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 among 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 arising therefrom or related thereto) shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.

9.3 The London Court of International Arbitration (LCIA) shall have exclusive jurisdiction to hear and decide any action, suit, or proceeding 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), and 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 thereto). For these purposes, each Party and each Neutral irrevocably submits to the exclusive jurisdiction of the London Court of International Arbitration (LCIA).