Professional Documents
Culture Documents
ADR 2B
Page 1
4.
- construction dispute
Define:
construction
confidentiality
proceedings?
parties,
or
Court is made
16.
Define:
Small claim- Cases where the claim does not exceed P1
million
shall
be
categorized as a small claim thereby entitled to special
procedures
of
disposition
and
reduced
fees.
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ADR 2B
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5.
When
shall
arbitral
proceedings
begin?
Arbitral proceedings shall be deemed to commence on
the date on which the notice of arbitration is received by
the respondent.
the
amount
involved,
if
any;
(f)
The
relief
or
remedy
sought;
(g) A proposal as to the number of arbitrators (i.e. one or
three), if the parties have not previously agreed thereon.
The notice of arbitration may also include:
(a) The proposals for the appointments of a sole
arbitrator
and
an
appointing
authority
(b) The notification of the appointment of an arbitrator
(c) The statement of claim referred to in Article 18
11.
When
can
an
arbitrator
be
replaced?
In the event of the death or resignation of an arbitrator
during the course of the arbitral proceedings, a
substitute arbitrator shall be appointed or chosen
pursuant to the procedure provided for in Articles 6 to 9
that was applicable to the appointment or choice of the
arbitrator being replaced.
In the event that an arbitrator fails to act or in the event
of the de jure or de facto impossibility of his performing
his functions, the procedure in respect of the challenge
and replacement of an arbitrator as provided in the
preceding articles shall apply.
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16.
What
do
costs
include?
The
term
"costs"
includes
only:
(a)
The
fees
of
the
arbitral
tribunal;
(b) The travel and other expenses incurred by the
arbitrators;
(c) The costs of expert advice and of other assistance
required
by
the
arbitral
tribunal;
(d) The travel and other expenses of witnesses;
(e) The costs for legal representation and assistance of
the
successful
party;
(f) Any administrative fees and expenses of PDRCI as
administering authority and for acting as appointing
authority.
a.
a national court is required to refer the
parties to arbitration
b.
a party to a foreign arbitration may apply
with a national court before or during arbitral
proceedings for an interim measure of protection
c.
a prevailing party in a foreign arbitration
may apply with a national court for recognition
and enforcement of a foreign award
d.
a national court may refuse an
application for recognition and enforcement of a
foreign arbitral award
6. Why did the Model Law limit its application to
international commercial arbitration?
GROUP 3
1. What are the Models not covered by the Model Law?
a.
arbitrability of the subject matter of the
dispute
b.
capacity of the parties to enter into an
arbitration agreement
c.
state immunity from suit
d.
enforcement by national courts of
interim measures of protection granted by an
arbitrator
e.
the competence of an arbitrator to
reform a contract
f.
fixing of arbitrators fees
g.
request for and making a deposit for
fees
h.
the time limit for an award
i.
consolidation of arbitral proceedings
j.
contractual relations between the
arbitrators and parties of arbitration bodies
k.
security for fees and costs or period of
time for the enforcement of arbitral awards
l.
the enforcement of interim measures of
protection granted by arbitrators
m.
the manner in which arbitration awards
are enforced
2. What is the scope of the Model Law?
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True
True or False
An arbitration agreement is in writing if it is
contained in an exchange of statements of claim and
defense is alleged by one party and not denied by the
other.
True
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A.
Preliminary
injunction
B.
Preliminary
attachment
C.
Appointment
of
receiver
D. Detention, preservation, delivery or inspection
of property
T/F: The request of a party from a court for
interim measure of protection prior or during
arbitral proceeding is compatible with arbitration
agreement.
True
GROUP 5
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GROUP 6
1. What is the courts action on a request brought
before it in a matter which is the subject of an
arbitration agreement?
The court shall refer the parties to
arbitration unless it finds that the
agreement is null and void, inoperative
or incapable of being performed (Art. 8,
Model Law).
2. How may an arbitral tribunal rule on a plea that
the arbitral tribunal does not have jurisdiction?
The arbitral tribunal may rule on a plea
either as a preliminary question or in an
award on the merits.
3. It is the existence of a valid arbitration
agreement binding between the parties that
gives an arbitral tribunal the jurisdiction to hear
and decide the dispute between them.
TRUE.
4. How may a party oppose a motion for the court
to refer the parties to arbitration?
A party may submit an opposition or
comment on the motion alleging that:
(1) There is no agreement to refer the
dispute to arbitration;
(2) The arbitration agreement is null
and void;
(3) The subject-matter is not capable of
settlement
or
resolution
by
arbitration pursuant to Section 6 of
the ADR Act.
5. What are the three specific situations when the
court may be called upon to decide the issue of
existence and validity or enforceability of an
arbitration agreement?
(1) When a party commences a civil action
concerning a matter which is the subject of
an arbitration agreement;
(2) When a special proceeding under Rule 3 of
the Special ADR Rules is submitted to a
court for determination at any time prior to
the commencement of arbitration; and
(3) Other situations where the issue of
competence of an arbitral tribunal is raised
before the court, including issues concerning
the validity or enforceability of the arbitration
agreement.
6. The issue of jurisdiction of an arbitral tribunal
must be brought before the submission of
motion to dismiss.
TRUE
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FALSE
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Recognition or enforcement of an
interim measure may be refused only at
the request of the party against whom it
is invoked if the court is satisfied that:
i
Such refusal is warranted
ii
The arbitral tribunals decision
with respect to the provision of
security in connection with the
interim measure issued by the
arbitral tribunal has not been
complied with; or
iii
The interim measure has been
terminated or suspended by the
arbitral tribunal or by the court of
the State in which the arbitration
takes place or under the law of
which that interim measure was
granted; or
Recognition or enforcement of an
interim measure may be refused only if
the court finds that:
(i)
The
interim
measure
is
incompatible with the powers
conferred upon the court unless
the court decides to reformulate
the interim measure to the
extent necessary to adapt it to
its own powers and procedures
for the purposes of enforcing
that interim measure and
without modifying its substance;
or
(ii)
(ii) Any of the grounds set forth
in article 36(1)(b)(i) or (ii), apply
to
the
recognition
and
enforcement of the interim
measure.
6. TRUE OR FALSE
If the parties failed to agree on the rules of
procedure, the arbitral tribunal may conduct the
arbitration in any way the latter chooses to do so.
FALSE
8. TRUE OR FALSE
The Court is allowed to intervene or interfere only
before the place of arbitration has been
determined.
FALSE
GROUP 8
1. Enumerate 3 minimal requirements for a fair
hearing.
Adequate notice
Hearing on evidence
Impartial Decision
2. TRUE OR FALSE
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GROUP 9
1. Types of awards:
Final (final determination of the claims)
Interim (non-final)
Interlocutory or partial (non-final)
2. When shall the arbitral tribunal issue an order
for the termination of the arbitral proceeding?
(a) the claimant withdraws his claim,
unless the respondent objects thereto
and the arbitral tribunal recognizes a
legitimate interest on his part in
obtaining a final settlement of the
dispute;
(b) the parties agree on the termination
of the proceedings;
(c) the arbitral tribunal finds that the
continuation of the proceedings has for
any other reason become unnecessary
or impossible.
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GROUP 10
1. Enumerate the 3 venues where a petition to confirm or
to set aside a Model Law award may be made:
A)
National
Judicial
Capital
Region
B) Place where the arbitration proceedings were
conducted
C) Place where the asset to be attached or levied upon,
or the act to be enjoined is located
2-4. Enumerate the allegations that must be included
within
a
petition.
A) That an arbitrational agreement exists between the
parties
B)
That
an
award
was
made
C) The names of the arbitrators and proof of their
appointment
D) The relief sought which is either to recognize and
enforce
it
or
to
set
it
aside
E) Their addresses of record to show the arbitration is
international
5. Enumerate the allegations that must be stated in a
petition to set aside an arbitral award on the ground that
a
party
was
a
minor
or
an:
A) The other party to arbitration had knowingly entered
into a submission or agreement with the minor or
incompetent
B) The submission to arbitration was made by a
guardian or guardian ad litem who was not authorized to
do so by a competent court
6. Enumerate the grounds upon which the Regional Trial
Court may set aside an arbitral award:
A) the award is in conflict with the public policy of the
Philippines
B) the subject-matter of the dispute is not capable of
settlement by arbitration under the law of the Philippines
7-12. Enumerate the grounds which a party in an
arbitration agreement must prove in order for the arbitral
award
to
be
set
aside.
A) a party to the arbitration agreement is incapacitated
B) the agreement is not valid under the law to which the
parties
have
subjected
it
C) the award contains decisions on matters beyond the
scope
of
the
submission
to
arbitration
D) the award deals with a dispute not contemplated by
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