What was the ruling by the Permanent Court of Arbitration in favor of the Philippines in 2016?

In its ruling, the Tribunal firmly rejected any PRC territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines' exclusive economic zone and continental shelf. As provided under the Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines.

US Legal Forms
Arbitration Case Submission Form

Arbitration Case Of The Philippines Against China In Dallas

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

County:

Dallas

Control #:

US-0011BG

Format:

Instant download

Description

The Arbitration Case Submission Form is a crucial document for initiating arbitration proceedings, specifically relating to the arbitration case of the Philippines against China in Dallas. This form is designed to be completed by the parties involved, namely the Claimant and the Respondent, who must provide their identifying details as well as the particulars of their legal representatives. Key features include sections to outline the nature of the dispute, consent to arbitration, and information about the selected arbitrator. The form also prompts for declarations regarding the existence of an arbitration agreement and whether it qualifies as Consumer Arbitration. It facilitates the efficient organization of essential details necessary for the arbitration process, ensuring that both parties are aligned on expenses and compensation for the arbitrator. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who handle dispute resolution, as it streamlines the arbitration initiation process and sets clear expectations for all parties involved. Legal professionals should fill out the form carefully, following instructions for each section to ensure compliance and clarity in the arbitration proceedings.

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FAQ

The tribunal employed the text under Article 9 to establish its jurisdictions, therefore making the dispute admissible in court. On the second issue, the tribunal ruled out any historical rights of China over both resources and fishing rights in the sea areas of the nine-dash line.

In its ruling, the Tribunal firmly rejected any PRC territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines' exclusive economic zone and continental shelf. As provided under the Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines.

In its ruling, the Tribunal firmly rejected any PRC territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines' exclusive economic zone and continental shelf.

On July 12, 2016, the arbitral tribunal adjudicating the Philippines' case against China in the South China Sea ruled overwhelmingly in favor of the Philippines, determining that major elements of China's claim—including its nine-dash line, recent land reclamation activities, and other activities in Philippine waters— ...

China adopted a position of non-acceptance and non-participation in the proceedings. The Permanent Court of Arbitration served as Registry in this arbitration.

The Philippines' formal claims, and proclaimed so in a 1978 decree by President Marcos, on certain land features in the Spratlys islands group in the South China Sea, called the Kalayan (“Freedom” in Filipino) Group, have been made under the doctrine of Res nullius (ineffective sovereignty) and their geographical ...

The PCA is not a United Nations agency, but has been a United Nations observer since 1993. The PCA was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Peace Conference of 1899.

China is not a party to the Statute of the International Criminal Court. The only and most important role of China in the international criminal justice system is related to its membership in the Security Council as a permanent member.

Bilateral ties took a downturn when the Philippine government filed an arbitration case against China under the United Na-tional Convention on the Law of the Sea (UNCLOS) in January 2013 challenging the legality of China's nine-dash line claim over the contested waters.

While the disputes can be traced back to the 1940s, pressure on the Philippines from China as the most powerful and assertive claimant began in the mid-1990s with the Panganiban Reef (Mischief Reef) incident, and escalated especially since the 2012 Panatag Shoal (Scarborough Shoal; Bajo de Masinloc) standoff.