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Philippine Bar review · Question

Practice question: Annex VII Arbitration

Multiple Choice Hard

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?
  1. B's absence requires dismissal of every claim regardless of jurisdiction.
  2. The tribunal must grant the unsupported claim because B is absent.
  3. B's absence permits the tribunal to ignore all applicable law.
  4. Proceedings may continue, but the unsupported claim cannot succeed merely because B did not participate.
  5. 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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