Arellano University School of Law

Taft Avenue corner Menlo St., Pasay City

Alternative Dispute Resolution

Set B Sunday Class
8:00 to 10:00 AM

DOMESTIC ARBITRATION (Part I)

Prepared and Reported by:

Group 7
Maria Pacita Marias
Ruther Martinez
Raymund Anthony Panis

Submitted to:

Atty. David Ballesteros

ALTERNATIVE DISPUTE RESOLUTION

CHAPTER VI: DOMESTIC ARBITRATION (Part I)
GROUP 7

When Domestic

Arbitration is domestic if the below components are all located

in the Philippines.

1. parties places of business,

2. place of arbitration,
3. place of performance of a substantial part of the
obligation, and
4. place where the subject matter of the dispute is
most closely connected

Disputes Covered
Rule on Receipt of
Written
Communication
Waiver of the Right
to Object

Confidentiality

Due Process
Default Place
Default
Commencement
Default Language

Default Applicable
Law

Arbitrators
(Default number and
Procedure)

The provisions and rules on domestic arbitration cover both

commercial and non-commercial disputes provided:
1.
2.

They are susceptible of arbitration, and

Do not fall within the exclusive original arbitral
jurisdiction of quasi-judicial agencies.

Shall be delivered personally, by registered mail or

courier service, and shall be deemed to be
received on the date it is delivered.
A party may be estopped from questioning noncompliance with a non-mandatory rule or any
requirement in an arbitration agreement or is
deemed to have waived his objection thereto if he
fails to raise the objection without delay.
GENERAL RULE: The proceedings, records, evidence, and the
arbitral award is confidential and shall not be disclosed
EXCEPTIONS:
1. with consent of the parties; or
2. For the limited purpose of disclosing to the court
relevant documents in cases where resort to the
court is allowed.

Parties shall be treated equally and shall be given

a full opportunity to present their sides.
Metro Manila, unless the arbitral tribunal decides
on a different place of arbitration taking into
consideration the circumstances of the case.
Reckoned from the date when the other party
agreed to submit the dispute to arbitration.
English and Filipino
1. The Arbitration Law (Republic Act No. 876)
2. Some provisions of the Model Law and the ADR
Act
3. Implementing Rules and Regulations of the ADR
Act
4. All other rules applicable to international
commercial arbitration which may be given
suppletory application in the absence of specific
applicable provisions.

Three (3) Arbitrators

1. Each party shall appoint one (1) arbitrator, and
both appointed shall appoint the third arbitrator,
failing which the appointment shall be made by
the appointing authority.
Domestic Arbitration_Group7
Maria Pacita Marias
Ruther Martinez
Raymund Anthony Panis

2. Sole arbitrator shall be appointed by the

appointing authority.

Arbitrators
(Qualifications/Disquali
fications)

An arbitrator must:
1. Be of legal age
2. Be in full enjoyment of his civil rights; and
3. Know how to read and write

No person shall serve as an arbitrator if:

Grounds for
Challenge of an
Arbitrator

1. He is related by blood or marriage within the 6 th

degree to either party.
2. He has or has had financial, fiduciary or other
interest in the controversy or cause to be
decided or in the result of the proceeding;
3. He has personal bias which might prejudice the
right of any party to a fair and impartial award;
or
4. He has been selected to act as champion or to
advocate a partys cause.

If circumstances exist that give rise to a justiciable doubt as to

his:

Default Procedure
for the Challenge

Procedure in case
the Arbitrator Fails
to Act
Interim Measures

1. Impartiality or independence
2. Possession of the qualifications provided for
under the law or agreed upon by the parties
3. Disqualification to act as arbitrator
4. Refusal to respond to questions by a party
regarding the nature and extent of his
professional dealings with a party or his counsel
1. The challenging party shall send a written
statement of the reasons for the challenge to the
arbitral tribunal within fifteen (15) days after
becoming aware of the constitution of the
arbitral tribunal or after becoming aware of the
circumstance constituting the ground for the
challenge.
2. If the challenge is not successful, the challenging
party may request the appointing authority
within thirty (30) days from notice of the decision
rejecting the challenge, to decide the challenge.

If an arbitrator becomes de jure or de facto unable to perform

his functions or fails to act without undue delay, his mandate
terminates:
1. If he withdraws, or
2. If the parties agree on the termination

Any party may request for the grant of interim

measures from the arbitral tribunal against the
adverse party. The relief may be granted in order
to prevent irreparable loss, to provide security for
the performance of an obligation, to produce or
preserve evidence, or to compel any other
Domestic Arbitration_Group7
Maria Pacita Marias
Ruther Martinez
Raymund Anthony Panis

appropriate acts or omissions.

Legal Representation

Costs
1.
2.

Correction &
Interpretation

3.
4.
5.
6.
7.
1.
2.
3.

Setting Aside of
Arbitral Award 4.
5.

Recognition /
Confirmation

A person of his choice

If a non-lawyer is so appointed, he shall not be
authorized to appear as counsel in any Philippine
court or any quasi-judicial body even if such
appearance is in relation to the arbitration in which
he appears
Shall be borne by the unsuccessful party
May apportion the costs if reasonable under the
party. However, the arbitral tribunal circumstances
of the case.
Quantification of costs
Correction of typographical and similar errors initiated
by a party
Correction of typographical and similar errors initiated
by the court
Interpretation of the award
Additional award
Under the arbitration agreement
Failure to resolve an issue as to the unresolved issues
The arbitral award was procured by corruption, fraud or
other undue means;
There was evident partiality or corruption in the arbitral
tribunal or any of its members;
The arbitral tribunal was guilty of misconduct or any
form of misbehavior that has materially prejudiced
the rights of any party;
One or more of the arbitrators was disqualified to act
as such and willfully refrained from disclosing such
disqualification; or
The arbitral tribunal exceeded its powers, or so
imperfectly executed them, such that a complete,
final and definite award upon the subject matter
submitted to it was not made.
Must go through the process of confirmation prior
to their implementation.

Domestic Arbitration
1

Domestic Arbitration_Group7
Maria Pacita Marias
Ruther Martinez
Raymund Anthony Panis

Across

Down

3. to make it right
6. mediation=mediator,
arbitration=?
6
7
8. the one as well as the other
9. secret or private
12. required or expected to happen
13. to put away
9
14. to oppose something
15. temporary or provisional
17. filipino and english
12

1. the price of something

2. MM in MMDA
5
4. not ordinary mail
8
5. to corroborate
7. act or speak for someone or
something
9. a person does to a champion to
10
11
beat the latter in a match
10. not international
11. thing we study to be a lawyer
16. to not succeed
13

14
15
16
17

Domestic Arbitration_Group7
Maria Pacita Marias
Ruther Martinez
Raymund Anthony Panis