Introduction

This article is a study of the first publicly known arbitrations that were brought pursuant to that Accord (the 'Accord Arbitrations') and which were administered by the Permanent Court of Arbitration ('PCA') and concluded in amicable settlements in July 2018. Specifically, it examines how the Parties and the Tribunal tackled the following three procedural hurdles during the arbitration proceedings: the silence of the arbitration clause on certain key issues, the degree of transparency and confidentiality applicable to the arbitrations, and the establishment of an efficient procedure to ...