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In a recent international arbitration case, the Permanent Court of Arbitration of Hague (PCA) has confirmed a decision of the MCCI Arbitration and Mediation Center (MARC) with respect to the appointment of the arbitral tribunal.

The challenge was made by one party under Article 12(4)(c) of the International Arbitration Act 2008, which provides that 'where, under an appointment procedure agreed upon by the parties (...) a third party, including an arbitral institution, fails to perform any function entrusted to it under that procedure, any party may request the PCA (Permanent Court of Arbitration of Hague) to take any necessary measures, unless the agreement procedure provides other means for securing the appointment.'

The PCA rejected the challenge and confirmed the decision of MARC.