Arbitration Case Of The Philippines Against China In Houston

State:
Multi-State
City:
Houston
Control #:
US-0011BG
Format:
Word; 
Rich Text
114 downloads

Description

The Arbitration Case Submission Form is designed to facilitate the submission of a dispute for binding arbitration, specifically relating to the arbitration case of the Philippines against China in Houston. This form requires the details of both the Claimant and the Respondent, including contact information for their legal representatives. Key features include sections to specify the type of case—such as personal injury or contract disputes—and questions to confirm whether the parties have consented to arbitration and if an arbitrator has been selected. Additionally, users must indicate whether the arbitration is consumer-related and agree to share associated expenses. To fill out the form, users must provide accurate information in each designated field, ensuring clarity and completeness. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful for initiating the arbitration process, as it formalizes the parties' agreement to arbitrate and outlines necessary logistical details. Each audience can utilize the form to streamline client cases while ensuring compliance with arbitration procedures, thus facilitating a more efficient dispute resolution process.
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FAQ

On 29 October 2015, the PCA published the award by the arbitral tribunal on Jurisdiction and Admissibility for the case. The award favored the Philippines on most of its contentions. The tribunal found that it has jurisdiction to consider the following seven Philippines' Submissions.

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.

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— ...

Scarborough is the largest atoll in the South China Sea, located some 220 kilometers from the Philippines. The shoal is located inside the Exclusive Economic Zone of the Philippines but is claimed by China as its ancestral territory since the 13th century.

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— ...

Philippine stance Its position was that because most of the features in the South China Sea, such as most of the Spratly Islands, cannot sustain life, they cannot be given their own continental shelf as defined in the convention.

A territorial row between China and the Philippines in the South China Sea has turned increasingly violent, with the two sides trading allegations of intentional boat rammings, and Manila accusing Chinese coastguard personnel of using water cannon against its troops and engaging in fist fights with spears and knives.

In July 2016, the Permanent Court of Arbitration at The Hague ruled on a claim brought against China by the Philippines under UNCLOS, ruling in favor of the Philippines on almost every count. While China is a signatory to the treaty establishing the tribunal, it refuses to accept the court's authority.

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

In 2012, China seized Scarborough Shoal from the Philippines following a two-month standoff, and in recent years, Chinese coastguard and maritime militia vessels have attempted to block boats supplying food and water to troops garrisoned on a Filipino ship deliberately grounded on Second Thomas Shoal in 1999.

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Arbitration Case Of The Philippines Against China In Houston