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Tag: Arbitral Tribunal

How much did PH pay for foreign lawyers in case vs China?

(I did this article for VERA Files.)

The government paid $7 million in legal fees to the international team that gave the Philippines its landmark victory against China over the disputed features in the South China Sea, a member of the Philippine delegation to The Hague hearings said.

The source who asked for anonymity said the $7 million was a ceiling in lawyers’ fees the government of President Benigno Aquino III insisted on, having learned a costly lesson from the case against the Philippine International Air Terminals Co. (Piatco) where, under an open-ended agreement, the lawyers’ fees reached $65 million.

The Philippines was represented in the two-and-a half year litigation by Foley Hoag LLP. The case against China was filed with the Permanent Court of Arbitration in The Hague, Netherlands on January 22, 2013.

Counsel for the Philippines Paul S. Reichler. Photo from Permanent Court of Arbitration.
Counsel for the Philippines Paul S. Reichler. Photo from Permanent Court of Arbitration.

The $7 million (P328,996,500 at P47 to $1) was the third ceiling set, more than 65 per cent higher than the original contract fee of $4,212,000 agreed upon in December 2012 by then Solicitor General and now Supreme Court Associate Justice Francis Jardeleza and Paul S. Reichler of Foley Hoag.

What the Philippine U.N. case vs China is not

Permanent Court of ArbitrationContrary to what many think that the Philippines case against China in the Arbitral Court of the United Nations Commission on the Law of the Sea (UNCLOS) will clarify who owns what or which of the reefs in the Spratlys, it won’t.

That’s because that is not in the scope of the U.N. Arbitral Tribunal where the Philippines filed the case. The UN Arbitral Tribunal only deals with the interpretation and application of UNCLOS.

It does not decide on sovereignty over disputed features in the sea.

Territorial disputes are the domain of the International Court of Justice or ICJ.