Practice question
State A properly commences Annex VII proceedings against State B over an UNCLOS interpretation dispute. B declines to participate and says its absence alone nullifies the case. The tribunal finds the relevant jurisdictional requirements satisfied but concludes that one requested claim lacks a legal basis. Which result best follows Article 9?
- B's absence requires dismissal of every claim regardless of jurisdiction.
- The tribunal must grant the unsupported claim because B is absent.
- B's absence permits the tribunal to ignore all applicable law.
- Proceedings may continue, but the unsupported claim cannot succeed merely because B did not participate.
- The claimant alone may sign a binding award in place of the tribunal.
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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