Originially from: World Arbitration and Mediation Review (WAMR)

On Arbitration and ADR, International Labor Disputes,
and the Permanent Court of Arbitration
by
Arnold Zack
Member, WAMR Advisory Board
[B.A., Tufts, 1953; LL.B., Yale, 1956; M.P.A., Harvard,
1961; mediator and arbitrator of labor-management
disputes; past President of the National Academy of
Arbitrators; recipient of the American Arbitration
Association’s Whitney North Seymore Medal; and author
of twelve books on dispute resolution and international law
issue.]
[This two-part article is based upon a presentation made by
Mr. Zack at the Permanent Court of Arbitration (PCA)’s
Fifth International Law Seminar, entitled “Labor Law
Beyond Borders: ADR and the Internationalization of
Labor Disputes.” The article was originally published in
VI PCA Peace Palace Papers. The conference was held at
the Peace Palace on May 7, 2002.]
PART I
General Observations
The long and respected history of the Permanent Court of
Arbitration (“PCA”) demonstrates the alertness of the international
community to the benefits and strengths of alternative dispute resolution
(“ADR”). The role of the PCA in helping to resolve a wide range of
esoteric disputes between member states has demonstrated the significance
of arbitration as the most proficient dispute resolution mechanism in
international law. It has also demonstrated the need for procedures which
are more expeditious than conventional court litigation and which provide
the disputants with the luxury of selecting their own neutral problem
solvers.
The undertaking by the PCA in 1993 to make its services available
beyond member states reinforced the credibility and acceptability of
arbitration as the preferred procedure for resolving disputes in the
international arena. The Optional Rules for Arbitrating Disputes Between