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Philippine Bar review · Question

Practice question: Annex VII Arbitration

Essay Medium

Practice question

Explain how Annex VII, Article 9 balances continuation of arbitration despite nonappearance with protection against an automatic default victory. Assume the tribunal is properly constituted.

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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