PH President of  Permanent Court of Arbitration Urges Fuller Use of Its Services, Including Conciliation, at U.N. Forum

NEW YORK 27 October 2023 - The Permanent Court of Arbitration (PCA)’s significant role in international dispute prevention and resolution took center stage at a well-attended forum “Preparation of the 125 th Anniversary of the PCA: Reflections on the Timor-Leste/Australia Conciliation, Five Years after the First Ever UNCLOS Conciliation,” which was held 24 October during the International Law Week at the U.N. Headquarters in New York.

In his welcome remarks, Ambassador J. Eduardo Malaya, the head of the PCA Administrative Council, conveyed the PCA’s appreciation to the U.N. Member States for its adoption by consensus on 1 August of the U.N. General Assembly Resolution which cited the “important contribution of the PCA in the peaceful settlement of disputes,” and called for fuller use by Member States of its dispute settlement services, including conciliation.

Ambassador Malaya, the Philippine Ambassador to the Netherlands, is the acting President of the PCA administrative governing board for term 2023-2024. “The UNGA Resolution is a milestone in the history of the PCA for at least three reasons. It was adopted by consensus, with 122 co-sponsors, which is a remarkable majority in this 193-member Assembly. The sponsors included 26 non-Contracting Parties, which underscore the broad appreciation of the PCA’s valuable role, activities and services in the settlement of disputes. Thirdly, it is only the second resolution ever from the UNGA on the PCA, the first one having been in 1993 when the latter was invited to participate in UN proceedings as an Observer, and the first ever from the UNGA recognizing the PCA’s significant contributions to justice and peace,” Malaya said.

“The UNGA Resolution has served as an abiding source of inspiration to the PCA, affirming that the work of the PCA is meaningful and essential. It represents our collective vision for the organization, embodying the Contracting Parties’ best ideals and fervent aspirations for justice, peace, and the rule of law,” Malaya added.

The event was hosted by the PCA in partnership with the Permanent Missions to theU.N. of the Philippines, Australia, Egypt, Guatemala, Hungary, Thailand, Singapore,Timor Leste, and Viet Nam. Philippine Permanent Representative to the U.N. Antonio Manuel Lagdameo, the formal host of the forum, welcomed the attendees, and cited the significant contributions of the PCA to the international community.

PCA Secretary General Marcin Czepelak similarly encouraged countries to make use of the services of the PCA, including arbitration, enquiry, mediation, and conciliation, and invited those that had not yet acceded to the Convention for the Pacific Settlement of Disputes of 1899 and 1907 to do so.

The panel discussion, ”The Australia-Timor Leste Experience: PCA Conciliation under UNCLOS,” featured Timor-Leste’s Former Foreign Minister, Dionisio Babo Soares, and Australia’s Department of Foreign Affairs and Trade Chief Counsel, Mr. Adam McCarthy. In addition, Singapore’s Solicitor General, Ms. Daphne Hong, presented insights into the potential of alternative dispute resolution in inter-state dispute resolution.

The panelists expressed the view that States should consider conciliation as a viable and effective dispute settlement process, and that the PCA is well-suited as registry for the proceedings. Timor Leste – Australia conciliation settled their maritime boundary dispute in the Timor Sea, with the parties signing in March 2018 a settlement treaty on the basis of the proposal of the Conciliation Commission.

The discussion was moderated by Dr. Hao Duy Phan, a lecturer and researcher at the Diplomatic Academy of Viet Nam, while Lesther Ortega, Charge d’ Affaires of the Embassy of Guatemala in The Netherlands, served as the rapporteur.

Members of the diplomatic corps who are based in the Hague followed the proceedings at the PCA Headquarters in Peace Palace, through the U.N. webcast https://media.un.org/en/asset/k1g/k1gi0yccsh.

Conciliation is a method for the settlement of disputes by which a Commission set up by the Parties proceeds to the impartial examination of the dispute and attempts to define the terms of a settlement susceptible of being accepted by them or or affording the Parties, with a view to its settlement, such aid as they may have requested.

The PCA is the world’s oldest existing dispute settlement tribunal and one of the world’s foremost tribunals, alongside the International Court of Justice. The awards and decisions of its tribunals and commissions have significantly shaped the development of international law and contributed to world peace.

The PCA Administrative Council provides general guidance on the work and general direction of the PCA, and supervises its administration, budget and expenditure. It shapes the policy of the organization in consultation with its Secretary-General. END

Philippine Ambassador to the Netherlands J. Eduardo Malaya (photo from The Hague PE)

PCA Secretary General Marcin Czepelak (photo from The Hague PE)

For more information, visit https://www.thehaguepe.dfa.gov.ph  or  https://www.facebook.com/PHinTheNetherlands/.