Ad Hoc Arbitration Under Annex VII of the United Nations Convention on the Law of the Sea
The 1982 United Nations Convention on the Law of the Sea (UNCLOS), which came into force on November 16, 1994, is an international treaty that provides a regulatory framework for the use of the world’s seas and oceans, inter alia, to ensure the conservation and equitable usage of resources and the marine environment and to ensure the protection and preservation of the living resources of the sea. UNCLOS also addresses such other matters as sovereignty, rights of usage in maritime zones, and navigational rights. As of January 10 2014, 166 States have ratified, acceded to, or succeeded to, UNCLOS. The full text and status of UNCLOS can be accessed through the United Nations Division for Oceans Affairs and the Law of the Sea.
UNCLOS sets forth in Part XV rules for the resolution of disputes between State Parties arising out of the interpretation or application of UNCLOS. Pursuant to Article 287(1) of UNCLOS, when signing, ratifying, or acceding to UNCLOS, a State may make a declaration choosing one or more of the following means for settling such disputes:
The International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany;the
International Court of Justice in The Hague, The Netherlands;
ad hoc arbitration (in accordance with Annex VII of UNCLOS); or
a “special arbitral tribunal” constituted for certain categories of disputes (established
under Annex VIII of UNCLOS).
Pursuant to Article 287(3) of UNCLOS, arbitration under Annex VII is the default means of dispute settlement if a State has not expressed any preference with respect to the means of dispute resolution available under Article 287(1) of UNCLOS (and has not expressed any reservation or optional exceptions pursuant to Article 298 of UNCLOS). Likewise, pursuant to Article 287(5) of UNCLOS, if the parties have not accepted the same procedure for the settlement of the dispute, arbitration under Annex VII is the default means of dispute settlement (again subject to same exceptions or reservations pursuant to Article 298).
Since the 1982 Convention came into force in 1994, twelve cases have been arbitrated under Annex VII of UNCLOS. The PCA is acting, or has acted, as registry in eleven of those cases. The cases arbitrated under the auspices of the PCA include the following:
The Duzgit Integrity Arbitration (Malta v. São Tomé and Príncipe), which was instituted in October 2013 and is still pending
The Arctic Sunrise Arbitration (the Netherlands v. the Russian Federation), which was instituted in October 2013 and is still pending;
The Atlanto-Scandian Herring Arbitration (Denmark in respect of the Faroe Islands v. the European Union), which was instituted in August 2013 and which was terminated through a tribunal order issued in September 2014, following an agreement between the Parties reached in August 2014;
Philippines v. China, which was instituted in January 2013 and is still pending;
Mauritius v. United Kingdom, (the “Chagos Marine Protected Area Arbitration”), which was instituted in December 2010 and decided by a final award rendered on 18 March 2015;
Bangladesh v. India (the "Bay of Bengal Maritime Boundary Arbitration"), which was instituted in October 2009 and decided by a final award rendered on July 7, 2014;
Argentina v. Ghana, (the "ARA Libertad Arbitration"), which was instituted in October 2012 and terminated through a tribunal order issued in November 2013 following an agreement between the Parties reached in September 2013;
Barbados v. Trinidad and Tobago, which was instituted in February 2004 and decided by a final award rendered on April 11, 2006;
Guyana v. Suriname, which was instituted in February 2004 and decided by a final award rendered on September 17, 2007;
Malaysia v. Singapore, which was instituted in July 2003 and terminated by an award on agreed terms rendered on September 1, 2005; and
Ireland v. United Kingdom (“MOX Plant Case”), which was instituted in November 2001 and terminated through a tribunal order issued on June 6, 2008.
Since the 1982 Convention came into force in 1994, twelve cases have been arbitrated under Annex VII of UNCLOS. The PCA is acting, or has acted, as registry in eleven of those cases. The cases arbitrated under the auspices of the PCA include the following:
The Duzgit Integrity Arbitration (Malta v. São Tomé and Príncipe), which was instituted in October 2013 and is still pending
The Arctic Sunrise Arbitration (the Netherlands v. the Russian Federation), which was instituted in October 2013 and is still pending;
The Atlanto-Scandian Herring Arbitration (Denmark in respect of the Faroe Islands v. the European Union), which was instituted in August 2013 and which was terminated through a tribunal order issued in September 2014, following an agreement between the Parties reached in August 2014;
Philippines v. China, which was instituted in January 2013 and is still pending;
Mauritius v. United Kingdom, (the “Chagos Marine Protected Area Arbitration”), which was instituted in December 2010 and decided by a final award rendered on 18 March 2015;
Bangladesh v. India (the "Bay of Bengal Maritime Boundary Arbitration"), which was instituted in October 2009 and decided by a final award rendered on July 7, 2014;
Argentina v. Ghana, (the "ARA Libertad Arbitration"), which was instituted in October 2012 and terminated through a tribunal order issued in November 2013 following an agreement between the Parties reached in September 2013;
Barbados v. Trinidad and Tobago, which was instituted in February 2004 and decided by a final award rendered on April 11, 2006;
Guyana v. Suriname, which was instituted in February 2004 and decided by a final award rendered on September 17, 2007;
Malaysia v. Singapore, which was instituted in July 2003 and terminated by an award on agreed terms rendered on September 1, 2005; and
Ireland v. United Kingdom (“MOX Plant Case”), which was instituted in November 2001 and terminated through a tribunal order issued on June 6, 2008.
Having administered most of the UNCLOS Annex VII arbitrations to date, the PCA has gained unique experience in dealing with, among other things, diverse organizational, procedural, and substantive issues that may arise in such arbitrations.
Through an exchange of letters between the Secretary-General of the PCA and the Registrar of ITLOS, the PCA and ITLOS have agreed to cooperate with respect to relevant legal and administrative matters. Under the arrangement, the PCA and ITLOS have undertaken to exchange documents, particularly those connected with disputes under Annex VII of UNCLOS, and to explore cooperation in other areas of concern.
Through an exchange of letters between the Secretary-General of the PCA and the Registrar of ITLOS, the PCA and ITLOS have agreed to cooperate with respect to relevant legal and administrative matters. Under the arrangement, the PCA and ITLOS have undertaken to exchange documents, particularly those connected with disputes under Annex VII of UNCLOS, and to explore cooperation in other areas of concern.
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The Republic of the Philippines v. The People’s Republic of China
On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China under Annex VII to the United Nations Convention on the Law of the Sea (the “Convention”), “with respect to the dispute with China over the maritime jurisdiction of the Philippines in the West Philippine Sea.” On 19 February 2013, China presented a Note Verbale to the Philippines in which it described “the Position of China on the South China Sea issues,” and rejected and returned the Philippines’ Notification. The Permanent Court of Arbitration acts as Registry in this arbitration.
Arbitral Tribunal
The members of the Arbitral Tribunal are:
The members of the Arbitral Tribunal are:
Judge Thomas A. Mensah (President)
Judge Jean-Pierre Cot
Judge Stanislaw Pawlak
Professor Alfred H. A. Soons
Judge Rüdiger Wolfrum
Party Representatives
The Philippines is represented by:
The Philippines is represented by:
AgentFlorin T. Hilbay, Acting Solicitor General
Office of the Solicitor General, Makati, Republic of the Philippines
Counsel
Paul S. Reichler
Lawrence H. Martin
Foley Hoag LLP, Washington DC, United States of America
Professor Bernard H. Oxman
University of Miami School of Law, Miami, United States of America
Professor Philippe Sands QC
Matrix Chambers, London, United Kingdom
Professor Alan Boyle
Essex Court Chambers, London, United Kingdom
China has not appointed an agent. In a Note Verbale to the PCA on 1 August 2013, China reiterated “its position that it does not accept the arbitration initiated by the Philippines.”
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Award or other decision
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Press release
"First
Press Release" - 27-08-2013
(English)
"First Press Release (Unofficial Mandarin Chinese
translation)" - 27-08-2013
(Chinese) http://www.pcacases.com/web/sendAttach/228
"First Press Release" - 27-08-2013 (French)
http://www.pcacases.com/web/sendAttach/229\
"Second
Press Release" - 03-06-2014
(English)
"Second Press Release (Unofficial Mandarin Chinese
translation)" - 03-06-2014
(Chinese) http://www.pcacases.com/web/sendAttach/230
"Second
Press Release" - 03-06-2014
(French)
"Third
Press Release" - 17-12-2014
(French)
"Fifth
Press Release " - 07-07-2015
(English)
"Fifth
Press Release (Unofficial Mandarin Chinese translation) " -
07-07-2015 (Chinese)
"Sixth
Press Release (Unofficial Mandarin Chinese translation) " -
13-07-2015 (Chinese)
"Sixth
Press Release" - 13-07-2015
(French)
"Seventh Press Release 29102015" - 29-10-2015 (English)
"Seventh Press Release 29102015" - 29-10-2015 (French)
http://www.pcacases.com/web/sendAttach/1504http://www.pcacases.com/web/sendAttach/1505
PRESS RELEASE :
ARBITRATION BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE PEOPLE’S REPUBLIC OF CHINA - The Hague, 29 October 2015
http://www.pcacases.com/web/sendAttach/1503
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| Transcript/Minutes Final Transcript - Day 1 - Jurisdiction Hearing - 07-07-201
http://www.pcacases.com/web/sendAttach/1399
http://www.pcacases.com/web/sendAttach/1400
Final Transcript - Day 3 - Jurisdiction Hearing - 13-07-2015
http://www.pcacases.com/web/sendAttach/1401
|
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Related story :
Philippines wins round 1 in historic case vs China
West
Philippine Sea Arbitration – Philippines won in first round
http://jibraelangel2blog.blogspot.com/2015/10/west-philippine-sea-arbitration.html
Three
Centuries of Philippine Maps 1598 to present era.
Spratly
islands and Bajo de Masinloc in Ancient Chinese Maps, Spanish and other Foreign
Maps.
We must
recover our Scarborough Shoal from China's illegal occupation.
China
constructing Artificial Islands in some reefs of our Kalayaan Islands Group in
West Philippine Sea.
BRP Sierra
Madre at Ayungin Shoal - Philippine's Last Line of Defense Against China's
Agression
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The Hague arbitration court confirms jurisdiction
over case
of the Philippines against China
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China rejects demands for participation in arbitration
at The Hague over South China Sea
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ang kaso ng
PH laban sa China
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