Jurisdiction(s):
United Kingdom

Key definition

Rules definition

What does Rules mean? Rules describes the written provisions that govern how a pension scheme operates—especially occupational pension schemes—usually contained in, or annexed to, the trust deed (trust deed and rules). Legislation refers to these as scheme rules (for example, Pensions Act 1995 and Pensions Act 2004 in the UK, and the Pensions Act 1990 in Ireland). Scheme rules set out eligibility, benefit structure (defined benefit or defined contribution), contributions, service and accrual, retirement options and ages, revaluation/indexation, ill‑health and death benefits, transfers in and out, leaver provisions, forfeiture, augmentation, priority on winding‑up, discretions and decision‑making, and the scheme’s amendment and termination powers. They also...

PCA Arbitration Rules 2012: Secretary-General as appointing authority, tribunal constitution, multi-party appointments, challenges and replacements of arbitrators, hearings on replacement, and exclusion of liability

Published by a LexisNexis Arbitration expert

Practice notes

Appointing authority

This Practice Note outlines the automatic designation of the Secretary-General of the Permanent Court of Arbitration (PCA) as the appointing authority under the PCA Arbitration rules 2012 (the PCA Rules), the specific manner in which a tribunal is formed under the PCA Rules, and the procedures for both challenging and replacing arbitrators. It further addresses the exclusion of liability for the tribunal and any persons it appoints. Under PCA Rules, art 6(1), the Secretary-General of the PCA is designated to act as appointing authority under the PCA Rules. The appointing authority’s central and primary function is to facilitate the constitution of an appropriate tribunal, by resolving difficulties that occur in putting the tribunal in place, for example when the parties fail to agree on a nominee for a sole or presiding arbitrator. In that capacity, the PCA Secretary-General may select an arbitrator if the parties do not reach agreement within a set period. The Secretary-General also keeps a roster of PCA Members of the Court, nominated by PCA Member States and available to serve as arbitrators in PCA-administered matters, together with specialised panels of arbitrators and experts for environmental- and space-related disputes...

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Jonathan Lim

WilmerHale

Jonathan Lim is a Senior Associate with WilmerHale in London. He has represented governments and private corporations in commercial and investment arbitrations under all major arbitration rules sited across Africa, Asia, Europe and South America. He has also advised governments in Africa and Asia on a range of public international law issues and the drafting of arbitration legislation. In addition to his practice as counsel, Jonathan has a developing practice as an arbitrator, with appointments as sole and party-appointed arbitrator in proceedings seated in Europe and Asia. Jonathan also co-teaches a course on international arbitration at the National University of Singapore each January. He is listed in Who's Who Legal 2018 as a Future Leader in International Arbitration, and has been described by clients and peers as "a very smart all-round lawyer with a strong work ethic" and “a sure bet as a future...

Web page updated on 21/05/2026

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