Arbitration Case Of The Philippines Against China In San Jose
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Summary of Claims The Philippines claims the northeastern section of the Spratly Islands as the Kalayaan Island Group, in addition to the Scarborough Shoal, which it calls the Bajo de Masinloc. Malaysia claims part of the Kalayaan Island, while China and Taiwan claim the entirety of the island group.
Yes, Philippine courts have the power to issue the following interim measures of protection relating to an arbitration: (a) preliminary injunction directed against a party to an arbitration, (b) preliminary attachment against property or garnishment of funds in the custody of a bank or third person, (c) appointment of ...
In 2016, the Permanent Court of Arbitration issued a decision confirming that the Philippines has sovereign rights over its 200 miles Exclusive Economic Zone (EEZ) in the West Philippine Sea.
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 nine-dash line, also referred to as the eleven-dash line by Taiwan, is a set of line segments on various maps that accompanied the claims of the People's Republic of China (PRC, "Mainland China") and the Republic of China (ROC, "Taiwan") in the South China Sea.
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— ...
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.
China adopted a position of non-acceptance and non-participation in the proceedings. The Permanent Court of Arbitration served as Registry in this arbitration.
Contracts, such as an arbitration agreement, generally take effect only between the parties, their assigns, and heirs, as provided in article 1311 of the Civil Code of the Philippines (Civil Code). Thus, as a general rule, a third party cannot be bound by an arbitration agreement.