There was NO ARBITRATION in the 2016 Ruling by the PCA

Screenshot of the Inquirer's Infographic on Duterte's remarks on the 2016 PCA Ruling

I agree with President Rodrigo Duterte, the Ruling in 2016 of the Permanent Court of Arbitration (PCA) which the Dilawan Filipino Dogs of the Americans keep talking about is nothing but just absolute Trash due to a number of reasons, first and foremost is that there was NO ARBITRATION that happened in the first place. 

‘Arbitration’

A simple search in Google of the meaning of the Word “Arbitration” will get something like this most of the time, if not all the time: 

“Arbitration is a procedure in which a dispute is submitted, BY AGREEMENT OF THE PARTIES, to one or more arbitrators who make a binding decision on the dispute” from the World Intellectual Property Organization (WIPO)

And here’s another one, this time from the American Bar Association (ABA): 

“Arbitration is a private process where DISPUTING PARTIES AGREE that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments”.

So as we can see above, Arbitration only applies if BOTH SIDES VOLUNTARILY AGREE to be arbitrated. If one side does NOT agree to be arbitrated, then THERE IS NO ARBITRATION. 

In case of the 2016 PCA Ruling, China denied being part of the Arbitration, they said so themselves and did not officially participate in the Proceedings. 

Arbitration is always VOLUNTARY, it is never COERCIVE. If it is coercive like the 2016 PCA Ruling, then it is not an Arbitration. 

‘Money’

So why would the PCA accept the Philippines’ request for “Arbitration” while all the while knowing that the other side of the arbitration does not agree to it? Probably because of Money, by handling the Case they can charge the Philippines for their Services. 

I can’t find a full Accounting of the Money spent by the Philippines for the Arbitration, but the PCA can charge at least a THOUSAND or so of Euros PER HOUR for their Services, and the Case ran for three Years, from 2013 to 2016.

So just imagine how much money they must’ve spent for the PCA’s Services alone. The Duterte Administration should investigate to know how much AbNoy Panot spent for that Publicity Stunt just so it can say they “won” something against China. 

SOURCES:

* Official Inquirer Facebook Account Infographic, 05/06/21 - 0933H {Archived Link}

* World Intellectual Property Organization (WIPO) - What is Arbitration? {Archived Link}

* American Bar Association (ABA) Dispute Resolution Process - Arbitration {Archived Link}

* Philippine Media: Gov't spent $30 mln on Arbitration {Archived Link}

Check out my Links: https://linktr.ee/rhk111

Don’t forget to click on the Ads or to donate to help support this Website