Non-Syria News: Update on that Philippines-China Arbitration
I’ve been distracted the last few days by all this Syria stuff (and a nasty case of poison ivy), so I neglected to keep up with the latest on that Philippines-China UNCLOS arbitration now seated at the Permanent Court of Arbitration at The Hague. Luckily, Luke Petersen of Investment Arbitration Reporter is on the case and has this great post analyzing the information released so far about the arbitration. Note that the Philippines has until March 2014 to file their memorial. This seems ridiculously long given that they’ve been preparing their case for at least a year already, and they have an interest in moving this along more quickly. But that’s another conversation.
I don’t have much to add to Luke’s post except I would point readers to Luke’s interesting discussion of other arbitrations where one party doesn’t participate (like China is refusing to do here). Those cases, he notes, can go all the way to an award, and even (in one case) to enforcement. Wouldn’t bet on that here, but you never know.