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  • The Permanent Court of Arbitration: Expanding Its Reach for Global Justice and Peace

The Permanent Court of Arbitration: Expanding Its Reach for Global Justice and Peace

30 Aug 2024

Quality Education
Peace, Justice and Strong Institutions
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From left: SC Justice (ret) Francis Jardeleza; Commissioner Linda Hornilla, PhilJA; SC Justice Alfredo Benjamin Caguioa; Chancellor Rosmari D Carandang, PhilJA; Dean Jose Maria Hofileña, ALS; Dr Marcin Czepelak, Secretary General, PCA; Amb J Eduardo Malaya, Phil Ambassador to the Netherlands and Acting President of the PCA Administrative Council; Senior Legal Counsel Julian Bordaçahar, Representative, PCA Buenos Aires Office, Argentina; Atty Neil Nucup, Legal Counsel and Representative, PCA Hanoi Office, Vietnam; Associate Dean Maita Chan-Gonzaga, ALS; Atty Aldrich Fitz Dy, MOSVELDTT Law

The Ateneo Law School hosted a forum on 29 August 2024, that brought together distinguished personalities in the legal and diplomatic communities to celebrate and discuss the organization, operation and functions of the Permanent Court of Arbitration (PCA). The event, titled "The Permanent Court of Arbitration: Its Expanded Facilities in the Service of Justice and Peace," highlighted the PCA's ongoing contributions to global justice, real and lasting peace and the rule of law.

The program began with a warm welcome from Atty Jose Maria G Hofileña, Dean of the Ateneo School of Law. During his remarks, Dean Hofileña mentioned that one of the ancestors of the keynote speaker, Secretary General Czepalak, had met Dr Jose Rizal, an esteemed alumnus of Ateneo de Manila University. He went on to say, “Even then, as is the case today, the world was small. The paths of nations and individuals often intersect—whether in trade, personal relations, or geopolitics…” Dean Hofileña elaborated that these intersections can lead to disagreements, but fortunately, there is a civilized way to peacefully resolve disputes through the PCA. Dean Hofileña also highlighted that the PCA’s 125-year history is a testament to its enduring relevance and success. He further emphasized that the significance of this forum aligns with the Ateneo School of Law’s mission to cultivate graduates who are not only academically excellent and competent but also globally connected.

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Ambassador J Eduardo Malaya, the Philippine Ambassador to the Netherlands and Acting President of the PCA Administrative Council, spoke following Dean Hofileña. He highlighted the PCA's pivotal role in peacefully resolving conflicts, particularly for countries like the Philippines, which have engaged the PCA in significant matters, including maritime disputes. Ambassador Malaya noted the PCA's extensive history and its record number of 218 cases in 2023, surpassing other international courts. He emphasized the PCA's benefits for the Filipino legal community, including its flexible rules, high-quality staff, and cost-effectiveness. Additionally, he discussed a new cooperation agreement allowing PCA-administered hearings in the Philippines, furthering local accessibility. Reflecting on the PCA's 125th anniversary, Ambassador Malaya reaffirmed the Filipino people's commitment to the rule of law and the importance of institutions like the PCA and the International Court of Justice (ICJ)in upholding a rules-based international order crucial for justice and global cooperation.

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The keynote address was delivered by Dr Marcin Czepelak, Secretary General of the Permanent Court of Arbitration. Dr Czepelak provided an insightful overview of the PCA’s expanded facilities and their implications for the global legal community. Dr Czepelak underscored the vital collaboration between diplomats, lawyers, and law students in fostering peace through justice. He elaborated on the role of the PCA in resolving international disputes, emphasizing its adaptability to various types of cases, including investment and contractual disputes. He also highlighted the importance of a recent cooperation agreement with the Philippine Dispute Resolution Center (PDRC), which facilitates the conduct of PCA-administered hearings in the Philippines, providing significant cost and time efficiencies. Additionally, Dr Czepelak stressed the need for a robust legal framework to support PCA operations in the Philippines and the essential role of national judiciaries in upholding international arbitration.

The program featured reactions from retired Supreme Court Justice Francis Jardeleza and Atty Aldrich Fitz U Dy of MOSVELDTT Law.

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n open forum allowed attendees to engage directly with the speakers, fostering a lively discussion on the future of international arbitration and the role of the PCA in promoting peaceful conflict resolution. The open forum was facilitated by Commissioner Linda Hornilla of the Philippine Judicial Academy.

The event concluded with a closing message from Chancellor Rosmari D Carandang of the Philippine Judicial Academy. Chancellor Carandang reflected on the day’s discussions, underscoring the importance of continued education and collaboration in the legal community to support the work of institutions like the PCA.

The event was moderated by Prof Ma. Ngina Teresa V Chan-Gonzaga, Associate Dean for Academic Affairs at the Ateneo School of Law.

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