HK arbitration expert questions jurisdiction of tribunal in The Hague

A leading Hong Kong law expert questioned on Wednesday both the procedures and the jurisdiction of the Arbitral Tribunal in The Hague in the South China Sea case, which ruled on Tuesday in favor of the Philippines.

However, a win-win situation is still likely in which China and the Philippines can resolve the dispute through negotiations, said Teresa Cheng Yeuk-wah, chairwoman of the Hong Kong International Arbitration Centre.

The Arbitral Tribunal, appointed by the Permanent Court of Arbitration in The Hague, announced on Tuesday that China has no "historic title" over the South China Seas and no historic basis supporting its claims behind the "nine-dash line" in the waters.

In response, Cheng said a number of international treaties and conventions signed after World War II have all recognized China's sovereignty over the South China Sea.

The highly disputed arbitration, unilaterally initiated by the administration of former Philippine president Benigno Aquino III in January 2013, was criticized by maritime law experts and scholars around the world because of the tribunal's lack of justifiable jurisdiction in the case.

Cheng also questioned its jurisdiction, saying the main issue of contention in this arbitration was whether the court had the right to rule.

She cited two cases??Nicaragua versus the United States and a maritime dispute between Mauritius and the United Kingdom.

The UK and the US both questioned the court's jurisdiction to rule and simply ignored the rulings.

The US resolved the disputes with Nicaragua through dialogue afterward, as the UK and Mauritius are doing now, said Cheng, a seasoned counsel and arbitrator who has been involved in many international arbitration cases.

When asked whether the South China Sea ruling would affect the court's credibility, Cheng said any ruling made without sufficient legal grounds would certainly affect a court's credibility.

Tuesday's high-profile ruling has drawn the attention of maritime law experts, some of whom are scheduled to attend a two-day seminar on maritime dispute settlement on Friday and Saturday in Hong Kong, hosted by the Hong Kong International Arbitration Centre and Chinese Society of International Law.

stushadow@chinadailyhk.com

(China Daily 07/14/2016 page2)