SC, The Hague-based PCA start talks on conduct of arbitration proceedings in Philippines

The Philippine Supreme Court (SC) and the Permanent Court of Arbitration (PCA) based in The Hague have started exploring the possibility of conducting PCA proceedings in the Philippines. 

The suggestion was raised by PCA Secretary General Dr. Marcin Czepelak during his courtesy call on Chief Justice Alexander G. Gesmundo at the SC last Friday, Aug. 30. 

Secretary General Czepelak said the collaboration could come through a Host Country Agreement where PCA can hold hearings in facilities provided by the Philippines’ SC.

Chief Justice Gesmundo said a possible agreement will be looked into by the SC.

During the courtesy call, Ambassador to The Netherlands J. Eduardo Malaya said that on Aug. 24, 2024, the PCA signed a cooperation agreement with the Philippine Dispute Resolution Center, Inc. (PDRCI) for the use of its facilities. 

Malaya said the agreement will allow the PCA to conduct hearings in accordance with PCA rules using the facilities at PDRCI and that PDCRI-administered cases can also be conducted or held in PCA offices in The Hague, Singapore, and Vietnam in accordance with PDRCI rules.

Set up in 1899, the PCA plays a crucial role in facilitating the peaceful resolution of international legal disputes through arbitration. 

Also, during the visit, Chief Justice Gesmundo reaffirmed the SC’s commitment in supporting activities to strengthen international law “to ensure that the rule of law prevails in the whole world.” 

Gesmundo cited the SC’s efforts to promote alternative dispute resolution, particularly arbitration and mediation in the Philippines. 

He mentioned the Proposed Amendments to the Rules of Civil Procedure Regional Consultations, which will commence on Sept. 4, 2024, and the 6th Asian Mediation Association Conference on Oct. 15 and 16 this year.  

At the same time, Chief Justice Gesmundo assured Secretary General Czepelak that the SC is always willing to help the PCA and The Hague Conference on International Private Law (HCCH) in their activities, citing a recent partnership between the Philippine Judicial Academy (PHILJA) and The Hague Academy of International Law, the Advanced Courses of The Hague Academy of International Law in the Philippines training course on public and private international law for justices, judges, and court attorneys held from Feb. 19 to March 1, 2024. 

He congratulated the PCA on its 125th anniversary this year, as well as Ambassador Malaya for his election as acting president of the PCA’s Administrative Council for 2023-2024. 

Present during the courtesy call were Associate Justices Mario V. Lopez, Jose Midas P. Marquez and Maria Filomena D. Singh. 

With Secretary General Czepelak were Senior Legal Counsel Julian Bordacahar from the PCA in Argentina, Atty. Neil Nucup from the PCA in Vietnam, and First Secretary Jarie Osias of the Philippine Embassy in The Netherlands. 

Also present were Philippine Judicial Academy Chancellor and retired SC associate justice Rosmari D. Carandang, Court Administrator Raul B. Villanueva, SC Chief Communications Officer Atty. Michael Jobert I. Navallo, SC Spokesperson Atty. Camille Sue Mae L. Ting, and Deputy Clerk of Court and Judicial Reform Program Administrator Atty. Laura C.H. Del Rosario.