PERMANENT COURT OF ARBITRATION OPTIONAL PROTOCOL ON PRELIMINARY DISMISSAL OF CLAIMS

As adopted by the Administrative Council of the Permanent Court of Arbitration on 16 July 2026

Article 1Scope of application

1. This Protocol shall apply to arbitration proceedings where the parties have agreed to the application of this Protocol.

2. This Protocol may apply to arbitration proceedings under any arbitration rules adopted by the Administrative Council of the Permanent Court of Arbitration at The Hague, under other arbitration rules, or in ad hoc arbitration proceedings, where not incompatible with this Protocol. This Protocol may apply to arbitration proceedings whether or not administered by the International Bureau of the Permanent Court of Arbitration (hereinafter the “International Bureau”).

Article 2Preliminary dismissal of claims

1. A party may request that the arbitral tribunal dismiss a claim, a counterclaim or a claim for the purpose of set-off (hereinafter, a “claim”) on a preliminary basis on the grounds that:

(a) the claim is manifestly without legal merit;

(b) the claim is manifestly outside the jurisdiction of the arbitral tribunal; or

2. A request for the preliminary dismissal of a claim shall state in detail the facts and legal arguments supporting the request. The party requesting preliminary dismissal shall, at the same time as it files the request with the arbitral tribunal, send a copy of the request to the International Bureau and to the other party or parties.

Article 3Procedure

1. A request for the preliminary dismissal of a claim shall be made within 45 days of the later of (a) the date of the claim or (b) the constitution of the arbitral tribunal. The arbitral tribunal may permit a later request if it considers that the grounds advanced for the preliminary dismissal of a claim could not reasonably have been known within 45 days of the relevant date and if consideration of the request will not unduly disrupt the procedural timetable.

2. The arbitral tribunal shall allow the request for the preliminary dismissal of a claim to proceed, provided that it is satisfied on a prima facie basis, after inviting the other party to express its views, that the request sets out grounds on the basis of which a claim could be dismissed on a preliminary basis.

3. If the request is allowed to proceed, the arbitral tribunal shall fix time limits for submissions on the request, whether written or oral, as may be appropriate.

4. If a party files a request for the preliminary dismissal of a claim before the constitution of the arbitral tribunal, the International Bureau shall fix time limits for written submissions on the request, so that the arbitral tribunal may consider the request promptly upon its constitution.

5. After giving the parties an opportunity to present their views, the arbitral tribunal shall render an order or award on the request, normally within 60 days after the latest of:

(a) the constitution of the arbitral tribunal;

(b) the last written submission on the request; or

This time limit may be extended by agreement of the parties or by the International Bureau.

Article 4Effect of a decision on preliminary dismissal

1. If the arbitral tribunal decides to dismiss all claims on a preliminary basis, it shall render an award to that effect. Otherwise, the arbitral tribunal shall issue an order or award on the request and such procedural directions as are necessary for the further conduct of the proceedings.

2. A decision by the arbitral tribunal that a claim should not be dismissed on a preliminary basis shall not preclude a party from subsequently raising an objection during the course of the arbitral proceedings to the jurisdiction of the arbitral tribunal, to the admissibility of any claim, or to the legal merit of any claim.