Special Arbitration

Special arbitration is the technical dispute-settlement procedure under UNCLOS Annex VIII for disputes concerning fisheries, protection and preservation of the marine environment, marine scientific research, and navigation, including pollution from vessels and by dumping. Parties choosing this procedure draw arbitrators from expert lists maintained by the FAO, UNEP, the IOC, and the IMO for the respective subject. A special arbitral tribunal may also, at the parties’ request, carry out fact-finding to establish the facts giving rise to a dispute, with findings that are conclusive unless the parties agree otherwise. It is one of the four compulsory procedures selectable under Article 287.