Workshop on the Permanent Court of Arbitration Addresses International Mechanisms for Commercial and Investment Dispute Resolution
On May 14th, a workshop titled “The Permanent Court of Arbitration and Timor-Leste: Navigating International Trade and Investment Disputes” will be held at the Dili Convention Centre. The objective of this workshop is to enhance the understanding of the functions of the Permanent Court of Arbitration (PCA) and to elucidate how Timor-Leste may utilise its dispute resolution mechanisms.
The Permanent Court of Arbitration (PCA), located in The Hague, represents the longest-established international institution dedicated to dispute resolution, founded by the Hague Conventions of 1899 and 1907. It functions as an autonomous forum for the resolution of conflicts involving states, international organisations, and private entities through mechanisms such as arbitration, mediation, conciliation, or fact-finding. In contrast to permanent courts, the PCA employs ad hoc arbitral tribunals that are specifically designated for each individual case, with coordination provided by its International Secretariat. 
Timor-Leste's accession to the Permanent Court of Arbitration (PCA) as the 123rd member state in 2024 represents a significant advancement in the country's commitment to international law and the peaceful resolution of conflicts. This accession occurs during a period of increasing international economic engagement for Timor-Leste, characterised by its recent membership in the World Trade Organisation (WTO) and its ongoing process of accession to the Association of Southeast Asian Nations (ASEAN). Consequently, participation in the PCA serves as an additional assurance for international investors and partners operating within the country.
The workshop seeks to establish a platform for training and strategic reflection regarding how Timor-Leste can effectively leverage PCA mechanisms within the realms of investment arbitration and commercial dispute resolution. The primary objectives of this initiative encompass the enhancement of understanding regarding the role of the PCA and its mechanisms, the analysis of its application to both public and private commercial arbitration—particularly in relation to disputes pertaining to foreign investments—and the promotion of the alignment of the national legal framework with international standards. 
The session will include the participation of the Deputy Secretaries-General and Principal Legal Advisers of the Permanent Court of Arbitration (PCA), Martin Doe and Garth Schofield, both of whom are internationally recognised jurists with substantial experience in intricate proceedings between states and investors. Both individuals participated in the noteworthy Mandatory Conciliation process between Timor-Leste and Australia, culminating in the signing of the Treaty on Maritime Boundaries in the Timor Sea in 2018. This event marked the inaugural successful implementation of the mechanism delineated in the United Nations Convention on the Law of the Sea. 
The event is being organised by the Office of the Vice Prime Minister and Coordinating Minister of Economic Affairs in collaboration with the Ministry of Justice and the Ministry of Foreign Affairs and Cooperation, with the support of the Office of the Prime Minister. This workshop aims to unite magistrates, jurists, lawyers, representatives of public administration, and the Chamber of Commerce of Timor-Leste, alongside international experts in arbitration.
The event will commence with an opening speech delivered by the Vice Prime Minister, the Coordinating Minister of Economic Affairs, and the Minister of Tourism and Environment, Francisco Kalbuadi Lay, followed by closing remarks presented by the Minister of Justice, Sérgio Hornai.
On May 15th and 16th, the second Dili International Conference on the Law of the Sea shall also take place at the JL World Hotel in Dili, under the theme “Facing Challenges: Law of the Sea and Maritime Dispute Resolution." Organised by the Land and Maritime Boundary Office (GFTM), the conference will convene representatives from governmental entities, international courts, academic institutions, and regional organisations to discuss the efficacy of the mechanisms stipulated in the United Nations Convention on the Law of the Sea concerning the peaceful settlement of maritime disputes.
The event will be attended by the President of the Republic, José Ramos-Horta, in addition to the President of the International Tribunal for the Law of the Sea, Judge Tomas Heidar. The proceedings will encompass a comprehensive analysis of the lessons learned from the Compulsory Conciliation process involving Timor-Leste and Australia. Furthermore, this occasion will commemorate the 10th anniversary of the establishment of the LMBO.
