Practice question
An Annex VII claimant asks for an award solely because the respondent failed to file a defense. The tribunal has not examined jurisdiction or whether the claim is founded in fact and law. What must it do under Article 9?
- Award everything automatically.
- Dismiss automatically solely for nonappearance.
- Conduct the required jurisdictional and factual/legal examination before an award.
- Treat silence as a treaty amendment.
- Assume jurisdiction over every territorial dispute in the world.
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/
Answer this question in flashcards to review your response and continue practicing.