Practice question
A valid final Annex VII award concerns an UNCLOS dispute between A and B. The parties did not agree in advance to an appellate procedure. B argues that its dissatisfaction makes the award nonbinding and that it must be reapproved by a third State. How should Articles 296 and Annex VII Article 11 be applied?
- Dissatisfaction automatically cancels the award.
- Third-State approval is always required.
- The award binds every State in every unrelated dispute.
- An award has no legal effect until unanimously endorsed by the General Assembly.
- The award is final and must be complied with by the parties to that dispute; B's dissatisfaction does not supply the asserted approval requirement.
Legal references
- UNCLOS, Part XV, Articles 286–288 and 296; Annex VII, Articles 3, 9 and 11, https://www.un.org/depts/los/convention_agreements/texts/unclos/part15.htm ; https://www.un.org/depts/los/convention_agreements/texts/unclos/annex7.htm
- PCA, UNCLOS arbitration framework, https://pca-cpa.org/en/services/arbitration-services/unclos/
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