Arbitration Case Of The Philippines Against China In San Diego
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FAQ
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Depending on the rules and the parties' arbitration agreement, the date the award must be given to the parties may differ, but it is usually between 14 and 30 days from the close of hearings.
from the date the tribunal enters upon reference. Extendable by 6 months, i.e. to 18 months by mutual consent of the parties. After the expiry of this 12 or 18 month period, as the case may be, parties have to approach the Court for extension of time. Time limit for the arbitral tribunal to pass an award.
Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
Arbitration in the Philippines is governed principally by Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004 (“RA 9285” or the “ADR Act”). RA 9285 was enacted on February 4, 2004 and primarily adopted: (1) Republic Act No.
But still, the simple difference in time to resolution is almost startling. Trials in court average over two years. Arbitrations average under a year. Anyone who has done litigation for a while knows that the longer a case lasts, the more you spend.
In Philippine law, the West Philippine Sea refers only to the portions of the South China Sea which the Philippine government claims to be part of the country's exclusive economic zone (EEZ). The naming of the area became official through Administrative Order No.
WHO DOES THE SHOAL BELONG TO? The Philippines and China lay claim to the shoal but sovereignty has never been established and it remains effectively under Beijing's control.
The 'West Philippine Sea' was first used by Manila in 2011 in expressing its disagreement with Beijing's claim. The 'West Philippine Sea' refers only to waters in the Philippines' 200-nautical-mile exclusive economic zone, not the whole of the South China Sea.