August 2021 | International Law Alerts | West Philippine Sea/ International Arbitration Law

National Security Adviser (NSA) Hermogenes Esperon Jr. on Friday belied reports of alleged harassment of Filipino fishermen in the West Philippine Sea.

In one of its many efforts on sustainability, the Department of Agriculture (DA) puts premium on ensuring good management of coastal and fisheries resources

Foreign Affairs Secretary Teodoro Locsin Jr. on Tuesday said the Philippines has not surrendered a single inch of territory amid the country’s longstanding dispute with China in the West Philippine Sea (WPS)

BRP Antonio Luna (FF-151), the Philippine Navy’s new guided-missile frigate, has joined two Indian Navy ships in a maritime exercise at the West Philippine Sea Monday.

The maritime law enforcers with the formidable task of patrolling and defending the country’s vast coastline, including the contested West Philippine Sea, upgraded their maritime capabilities through a program under the United States Coast Guard.

Due to threats in Scarborough Shoal, fisherfolk in the area are being deprived of access to sea resources, according to a marine expert.

The Armed Forces of the Philippines (AFP) raised another cause of concern in the the West Philippine Sea, reporting that China now uses flares to ward off Philippine military assets patrolling the area.

In 2008, Larry Hugo was stunned when he first ventured into the cerulean seas around Pag-asa Island – 932 kilometers southwest of the Philippine capital of Manila and known internationally as Thitu. Only a few hundred meters away from the shore, he found his outrigger boat already brimming with a wide array of fish. It was a haul enough to feed his small island community for a day. He sold it for P80 ($1.60) per kilogram, primarily to military personnel stationed on the island.

The chairman of a House committee has endorsed the Philippine Coast Guard’s plan to acquire two additional French-made high-endurance offshore patrol vessels (OPVs) at an estimated cost of P11.2 billion.

National Security Adviser Hermogenes Esperon Jr. said on Friday the Philippine government reactivated its marine research efforts in the West Philippine Sea with the purchase of additional ocean-going research ships boosting its naval assets.

Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business of “litigating”, but want to resolve their (commercial) disputes in order to continue their business. A dispute is resolved by the decision of the tribunal, i.e. the arbitral award. In order to ensure a timely decision, most arbitral institutions provide for a time limit for the final award (e.g. six months under Article 31 of the ICC Rules or three months under Article 37 of the DIS Rules).

In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can defend itself against the arbitral award with counterclaims at the stage of enforcement proceedings in Germany

In a decision published on 15th June 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge to set aside an arbitral award because in its view, the request to reschedule the hearing was merely intended to delay the arbitral proceedings, an intention which is not protected by the right to be heard

Barry and Donna Rowland (“Rowland”) first enlisted Sandy Morris and her Florida-based firm, Sandy Morris Financial LLC (“SMF”), for financial planning advice in 2014. After the couple moved to North Carolina, they continued to use SMF for financial services and, in 2017, hired Morris and SMF to manage their investment accounts

On August 9, 2021, the Brazilian Superior Court of Justice (STJ)published an interesting decision on the time limit to request the annulment of arbitral awards with a seat in Brazil.