NOTES ON ALTERNATIVE DISPUTE

RESOLUTION
Kenneth & King Hizon (3A)
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request
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13
commercial
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article
23(1),
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d.
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28,
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GRANT
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and
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Single
MEASURE
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OF
3.
A:
NOTE:
Q:
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1.
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Decision-making
refusing
Null
If
arbitrator
Commission
does
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is
and
award
the
agreement
void;
to
Provision
effect
becomes
postpone
or
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agreement
by
continue
of
panel
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in
the
de
the
security
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is
jure
challenging
to
arbitrators
(Article
made
sufficie
or
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in
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NOTE:
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A:
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Under
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instances
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of
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raising
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INFORMATION
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LAW
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GR:
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Q:
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court
in
A:
No.
The
dispute
to
be
covered
by
the
RTC
of
the
province
or
If ofthe arbitrators appointed by each
constitution
it
to
arbitration
and
the
recommended
approved
on
December
11,
1985,
in
the
National
Judicial
Capital
Region,
at
such
appeals
shall
be
limited
to
questions
of
tribunal
and
to
make
an
additional
award
as
to
or
29
of
this
Act
shall
apply
to
arbitration
of
tribunal
preliminary
or,
if
a
request
a
made
person
order
had
during
who
been
directing
has
a
session
made
not
a
under
been
of
party
a
previously
article
mediation
not
33,
to
translation
the
course
there
of
into
the
are
the
arbitral
any
language
known
proceedings,
or
languages
facts
unless
that
a
the
observance
of
good
faith;
.
where
any
of
the
parties
to
the
dispute
reduced
into
writing
Mini-trial
proceedings,
measure
or
in
not
relation
can
falling
the
to
within
mediator
arbitration
the
terms
proceedings,
of
the
day
the
order
or
enforcement
Supreme
fixed
modifying
in
Court.
the
of
an
or
submission
interim
correcting
measure
or
the
contract
shall
award,
for
17
(Article
incident
original
any
writing
facto
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of
hearing
the
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29)
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nt
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s
4.
:
arbitrators,
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method
shall
be
followed;
but
if
no
award
may
award
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PROTECTION
not
Arbitrator
yet
become
binding
on
2.
Inoperative;
or
Q: It
A
What
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In
When
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means
international
matter
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person
the
is
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excluded
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matters
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conducts
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conducted
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fees
hi
Sec.
A
A:
Q:
When
They
1.
It
What
Unless
8.
shall
c.
Persuasiveness,
statements,
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is
Term.
isbe
be
otherwise
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not
enforced
arbitral
The
be
nature
reports
permanently
ability
term
agreed
proceedings
in of
the
to
of
filed
the
convey
by
same
offce
employed
or
action
the
ideas,
manner
of
parties,
the
:A:
language
or
ARBITRATION
Information
obtained
through
mediation
shall
be
case
a
construction
ADR
must
the
arbitral
tribunal
and
during
arbitral
proceedings,
request
POLICY
city
where
any
offor
the
party
toINTERNATIONAL
the
contract,
ortotransactions
appointed
by
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of
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method
be
provided
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the
Court
of
First
Instance
from
the
date
which
on
is
which
open,
that
or
is
request
required
had
by
been
law
arbitral
claims
reasonable
presented
tribunal
considers
in
individual
the
arbitral
it
would
inappropriate
proceedings
consider
resides
or
has
his
place
of
business;
orshall
2.
Questions
concerning
matters
governed
signed
by
the
parties
SEC.
17.
Enforcement
of
Mediated
Settlement
Agreement.
NOTE:
All
of
the
arbitrators
appointed
in
irrespective
submission
to
rendering
upon
promptly
the
inform
the
Early
Neutral
arbitral
exclusive
official
perform
cause
languages,
his
proceedings?
jurisdiction
functions
shown,
the
over
or
or
party
for
construction
in
other
refusing
shall
reasons
supply
disputes
eviden
fails
aany
regarding
for
application
to
fact
for:
agree
all
that
(2
damages
on
legal
for
shall
he
the
of
representation
be
has
the
procedure?
the
resulting
served
award
appointed,
limited
either
from
be
by
refused?
a
personally
noncompliance,
or
party)
purpose
or
of
mediation.
considered
connection
:the
Philippines,
)a.
coverage?
awith
as
sto
recognition
members
with
as
:enforcement
the
considered
final
arbitral
the
knowledge;
submitted
and
CIAC.
of
terminated?
and
the
in
an
for
an
interim
measure
of
protection
or
modification
3.
incapable
of
being
performed
Sec.
2.
Declaration
of
Policy.
It
is
hereby
be
refused
(Applicable
if
the
competent
also
in
authority
Domestic
in
the
2.
In
possible
A:
Q:
Is
The
2.
the
security
If
term
event
should
appointment
the
"agreement
court
required
that
the
finds
panel
the
as
in
in
contract
an
of
case
writing"
arbitrator,
arbitrators
of
between
shall
he
include
the
Q:
The
A:
What
(a
What
Unless
arbitral
are
should
dispute
otherwise
Notice
tribunal
the
Execution
SEC.
remedies
be
is20.
of
the
may
a
agreed
proceeding
Interpretation
and
construction
form
grant
of
enforcement
by
the
and
a
the
to
aggrieved
preliminary
contents
dispute
parties
parties,
of
of
in
recognition
languages
to
and
be
enforcement
used
in
the
arbitral
is
sought
proceedings.
privileged
COMMERCIAL
dispute
has
been
filed
before
it?
resolved
by
an
impartial
third
party
who
is
neither
It
is
not
incompatible
with
an
arbitration
Q: How
What
is
the
policy
of
the
one
party
to
the
contract
and
by
the
parties
reside,
to
would
thento
be
brought
The
mediation
The
Court
of
First
Instance
shall
appoint
an
arbitrator
thereof,
may
be
made
with
the
arbitral
tribunal
or
to
the
be
open,
to
the
public;
allow
such
likely
amendment
to
affect
the
having
impartiality
regard
of
to
the
the
but
omitted
from
the
award.
If
the
arbitral
in
the
National
Judicial
Capital
Region,
at
controversy
and
by
their
this
Law
counsel
and
although
duly
act
certified
without
to
the
hear
arbitration
translation
pertinent
undue
is
thereof
delay,
and
"commercial"
material
into
his
any
to
pursuant
mandate
of
such
including
by
participated
registered
all
disclosing
expenses,
mail
in
the
upon
appointment
to
and
the
the
reasonable
party
court
in
of,
default.
of
an
attorney's
relevant
declared
to
be
the
policy
of
the
State
to
whether
arbitration,
their
place
or
is
in
it
the
contains
territory
decisions
of
this
State,
on
application
court
of
of
any
any
termination,
party
to
suspension
the
controversy
or
(Article
8).
award,
unless
the
time
so
fixed
is
extended
by
commercial?
party
may
be
presented
by
any
enforcement
Commission
Instead,
executory
proceedings
Ability
arbitration
they
decisions
in
to
of
shall
shall
fully
respect
a
or
foreign
of
for
adopt
render
courts
expert
be
of
the
award?
a
of
services
six
evaluation.
position
particular
law
of
(6)
Where
the
only
of
his
dispute
years;
No
parties
disclose
an
provisional
decide
arbitral
that:
provides
on
any
the
remedies?
case?
awards
(Sec.
Model
of
party
order
the
an
)
arbitral
48)
provided
against
Law
which
arbitral
one
it
an
3.
A:
Q:
Sec.
Excluded
Does
d.
While
May
17.
that
CIAC
is
Deposit
the
Minione
from
have
challenging
or
parties
the
to
more
Cover
the
coverage
authority
of
request
Arbitration
incident
the
ofthe
this
arbitrators
is
for
law
Expenses.
discussed
are was
A:
Q:
The
Failing
Can
1.Recognition
a
d.
Where
all
arbitral
the
damages
such
Appointment
court
proceedings
agreement,
there
resulting
and
beparty,
given
enforcement
was
of
are
from
party
terminated
arbitrators
an
opportunity
who contract
of
evident
intends
by
the
and
confidential.
A
a3the
mediator,
a
finds
that:
PLACE
OF
MEDIATION
agreement
a
nor
an
agent
of
the
government.
Iforitthat
is
What
are
the
GENERAL
elements
PROVISIONS
of
State
in
ADR?
XPN:
Failing
such
agreement,
language
to
A:
A
regional
trial
court
which
a to
construction
enforce
such
or
arbitrators,
the
to judge
court
for
recognition
shall
be guided
by
theagree
following
operative
principles:
extent
that
the as
arbitral
tribunal
has
no
power
to
act or
is
(d)
The
parties
may
instatement
the
settlement
agreement
mediator,
including
athat
financial
or
SEC.
Commercial
Arbitration.
-the
An
arbitration
is of
adocuments
threat
or
of
a
plan
to
tribunal
considers
the
request
to
be
justified,
it
mediator.
must
attend
all
the
hearings
in
matter
and
which
are
not
expressly
settled
in
itor
are
to
terminates
if
he
withdraws
from
his
office
or
fees,
paid
in
obtaining
in
cases
the
order's
where
resort
judicial
encourage
the
early
and
expeditious
the
written
agreement
of
the
parties
to
the
provided,
commence
however,
on
the
date
that
on
of
which
the
atribunal
Commission
request
for
as
it
has
matters
in
relation
beyond
to
proceedings
scope
in
courts.
the
person
of
his
choice.
Provided,
that
such
when
called
party;
to
arbitrate.
For
each
dispute
they
clause
in
a
contract
or
an
arbitration
award?
arbitral
tribunal:
party
award?
is
an
international
arbitration?
Trial?
interim
for
before
circumstances
disputes
collect
The
the
CIAC
disqualified
the
appointment
fees?
arising
shall
measure
likely
of
of
to
a
give
single
rise
arbitrator,
to
justifiable
(Article
award
to
considers
final
to
challenge
resume
.(b
award
miscalculation
noncompliance,
may
11)
that
the
be
prior
disclosure
of
of
the
request
nonparty
participant
may
refuse
to
disclose
and
Hearings
The
subject
and
matter
written
of
the
proceedings
difference
is
Grounds
court
Rejection
that
for
of
refusing
resolves
a
foreign
recognition
the
arbitral
dispute,
award
such
NOTE:
the
Q:
A:
Relationships
Can
The
a.
In
When
Pending
parties
arbitral
the
arbitral
The
the
subject-matter
should
mediator
court
or
the
proceedings
tribunal
of
contained
shall,
a
determination
the
transactions
may
in
notice
of
its
with
in
require
the
discretion
an
dispute
more
of
exchange
the
of
than
party
appoint
is
ma
not
one
th
or
If
A:
fees
Q:
the
How
What
When
Proceedings
(Sec.
Execution
finding
Notice
should
is
should
Court-Annexed
be
of
the
and
for
the
that
Proceeding
Model
Enforcement
recognition
issue
no
agreement
Law
of
the
be
to
of
and
Awards.
Parties.
in
writing
As
(Article
1)
Sec.
SEC.
for
a
party
to
request,
before
be
used
shall
indust
DOMESTIC
ARBITRATION
dispute
is
filed
SEC.
25.
Interpretation
of
the
Act
unable
to
act
effectively,
the
request
may
be
made
with
the
case
may
be,
in
the
following
instances:
the
mediator
A:
It
is
hereby
declared
the
policy
of
the
State
"commercial"
if it
21.
matters
arising
frominterest
allcovers
relationships
of
a
commercial
personal
in
the
outcome
of time
the
inflict
bodily
injury
or
commit
a the
hear
all
the
allegations
and
proofs
of
the
parties;
submission
or
contract
their
attorneys,
or
if
the
parties
agree
on
the
termination.
members
that
dispute
first
to
be
appointed,
referred
to
the
arbitration
chairman
is
The
submission
court
shall
to
arbitration,
exercise
provided
such
power
that,
in
if
representative,
unless
admitted
to
practice
of
Ability
convince
other
party
to
demand
doubts
as
shall
to
his
be
impartiality
set
forth
or
independence.
a
specific
An
the
interim
measure
to
the
party
against
whom
it
party
may
prevent
any
other
person
from
disclosing
a
protection
court,
from
be
authorized
employer-employee
the
to
act
hearing
in
as
to
fix
such
arbitral
the
or
under
arbitration
amount
relationships
proceedings?
section
be
shall
nine
deposited
which
be
hereof,
refused,
an
or
arbitral
b.
arbitrator
an
figures,
including
order
proceedings?
at
the
shall,
of
or
all
the
request
expenses,
an
within
arbitral
evident
of
tribunal.
fifteen
and
the
mistake
party
days
against
in
after
voluntarily
include:
proceeding
one
of
such
requesting
arbitrator,
letters
or
issue,
capable
three
any
an
testify?
to
of
parties
be
y
ethe
Mediation?
providing
enforcement
14).
exceeding
interpreted?
)a.
soon
In
for
its
as
of
special
a
scope
an
Court.
The
arbitral
tribunal
is
deemed
constituted
when
ry
(Article
not
CHAPTER
capable
24)
VII.
RECOURSE
AGAINST
(Sec.
45)
enforcement
constitution
of
the
tribunal,
from
atrade
A:
3.
ItEnglish
Arbitration
means
The
The
Commission
applicant
a
means
structured
shall
is
a
empowered
voluntary
dispute
to:
resolution
that
dispute
the
A:
arbitration
decision,
proceeding
Q:
In
Where
Can
What
an
4.
The
Under
may
arbitration
the
arbitral
order
are
Article
should
court
agreement
appoint
the
to
award
award
for
factors
interim
2044
in
the
with
which
one
shall
has
of
three
oror
to
recognition
measures
or
the
become
the
be
be
for
more
arbitrators,
New
made
action
vacation,
final
Civil
experts
of
in
or
and
writing
the
Code,
each
and
to
in
international
arbitration,
and
shall
become
aa
sole
arbitrator
for
the
dispute
and
shall
treat
(a
If
the
parties
to
the
contract
orthe
submission
shall,
Q:
When
The
upon
elements
is
becoming
arbitration
or
aware,
considered
not
later
as
than
the
to Yes.
actively
NOTE:
Such
submission
or
contract
shall
be
valid,
nature,
whether
Q:.by
A
and
B
entered
into
an
agreement
that
contractual
or
not.
Relationships
of
a establish
transactions:
any
mediation
and
any
existing
or
past
crime
of
violence;
internationally
but
an
award
by
the
majority
of
them
is
Failure
to
comply
with
shall
hold
offce
for
six
years;
the
other
Otherwise,
if
a
controversy
remains
concerning
accept
their
position;
accordance
decisions
with
its
on
matters
own
procedures
submitted
in
in
the
Philippines,
shall
not
be
authorized
to
within
arbitrator,
which
from
the
the
parties
time
of
shall
his
appointment
agree
upon
such
and
is
directed
risks
frustrating
the
purpose
of
the
)law
are
unable
to
agree
the
person
to
be
appointed
agreed
to
the
settlement
upon
a
single
Where
suspended,
shall
which
continue
must
and
should
wilfully
and
it
the
whom
becoming
description
it
is
aware
of
c.
reasonable
attorney's
fees,
paid
in
made?
arbitrators,
telegrams.
arbitration
interim
decision
settlement
of
measure
the
proceedings
according
arbitral
by
to
arbitration
tribunal
provide
to
commenced
the
under
importance
shall
appropriate
the
be
law
made,
of
arbitration
be
raised?
was
made,
or
that
there
is(Sec.
no
default
resolution
method
country
in
process
which
in
Mediation
appeal
protection
and
the
setting
executory,
enforcement
considered?
party
validity
shall
shall
report
is
aside,
be
pending
be
of
available
the
to
of
held?
itthe
an
on
arbitral
to
Court
anlaw
interim
measure
of
AWARD
transaction
for
Language
Appointment
of
(Article
the
of
proceedings
experts
(Article
15)
a.
determine
country;
and
collect
fees,
deposits,
A:
Q:
What
2)
No,
any
because
should
trade
transaction
be
situation
the
form
for
will
of
the
supply
the
rules
or of
Q:
A:
In
The
When
How
What
(c
It
interpreting
means
e.
court,
can
is
should
the
a
when
any
party
effect
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RULE
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9)
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Party
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Application
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To
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In
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than
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auspices
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to
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scope
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resolve
Q:
The
A:
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Subject
What
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A:
supervision
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Q:
Such
When
What
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CIAC
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Information
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mediation
)tribunal
unwilling
or
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CIAC.
serve,
and
his
successor
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appointed
in any
the
disclosure
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mediation
parties
factoring;
leasing,
consulting;
engineering;
licensing;
granted
against
the
conceal
an
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crime
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right
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informed
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CIAC;
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of
procedure
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rules
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presence
pursuant
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of
enforcement
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to
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ADR
Act
third
of
of
the
person
2004,
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necessary
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rights
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referred
Where
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article
arbitrators
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party
12(2),
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upon
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of
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Articles
party
all
members
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cannot
2038,
arbitrator
of
2039,
the
be
counsel,
shall
Hearing
submit
by
to
the
the
arbitrators
regional
trial
distribution
suspend
the
setting
aside
proceedings
for
a
court
has
acquired
jurisdiction
of
the
award
(Article
34)
party
an
has
arbitral
been
to
request:
brought,
award,
the
arbitral
Court
proceedings
shall
send
may
notice
to
Failing
its
measure
authority
such
be
agreement,
refused?
shall
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raised
place
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of
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mediation
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consequence
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parties,
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for
a
of
Towards
end,
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State
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proceedings
appoint
has
proceedings?
.1.
be
made
limited
experts?
a
and
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language
or
languages
to
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used
in
the
manner
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Discovery
of
any
circumstances
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c.
determination
isin
to
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need
for
uniformity
in
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If
A:
Q:
The
Discuss
Does
How
The
What
the
Can
e.
Can
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deposit
court
the
contract
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if
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composition
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application
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Contracting
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appointed
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to
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oa
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The
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The
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(i)
an
or
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to
country.
governed
by
proceedings
shall
be
SEC.
28.
Grant
of
Interim
Measure
of
Q:
Which
body
administrative
investment;
financing;
banking;
insurance;
joint
venture
arbitration.
There
was
a
breach
of
a.
the
parties
to
an
arbitration
agreement
have,
What
are
the
advantages
of
A:
In
interpreting
the
Act,
the
court
shall
have
adverse
party:
cooperation;
carriage
of
goods
orthis
passengers
by
air,
criminal
activity;
to
go
to
court
for
the
resolve
after
which
a
dispute
the
by
parties
rendering
seek
an
award.
a
negotiated
award
would
be
contrary
to
the
public
he/she
is
either
coarbitrator
upon
functions
and
responsibilities.
presiding
arbitrator,
if
so
authorized
by
default
in
proceeding
thereunder,
an
order
shall
a
matter
not
submitted
to
them,
not
court
a
party
written
have
been
agreement
materially
exclusive
prejudiced;
for
the
statement
of
the
reasons
for
the
challenge
to
request
for
an
interim
measure
of
agreements;
arbitral
and
served
within
period
2040
thirty
of
tribunal
notice
applicable
time
days
shall
determined
at
of
such
suffice,
to
receipt
both
address,
provided
by
compromises
of
it
a
in
request
that
at
order
such
and
the
to
Protection.
any

relevant
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appointed;
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a.
It
ispending
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arbitration
agreement
encourage
and
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promote
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use
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nevertheless
proceedings.
parties
at
be
This
agreement
or
determination,
shall
matter
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alleged
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to
performance
arbitral
tribunal
of
shall
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decide
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determination
b.
in
respect
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or
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Commission
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party
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2.
Uniformity
on
motion
in
of
any
information
An
parties
Q:
Under
a.
Can
arbitrator
to
Before
be
what
agree
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accepted
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constitution
mediation
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Q:
A:
The
Recognition
What
3.
services
resor
parties
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of
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purposes
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free
beprinciples
towith
agree
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or
of
of
aapplication
on
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courtto
experts
the
interim
the
language
may
Republic
Act
No.
876,
otherwise
known
as
"The
subject
to
the
following
and
guidelines:
at
the
time
(2)
Such
Appeal
relief
may
from
be
court
decisions
on
arbitration?
due
regard
to
b.
29.
Further
Authority
for
Arbitrator
A SEC.
Appointment
of
ADR
Practitioners
sought
or
offered
to
prove
or
disprove
for
a
party
to
(c
If
either
party
to
the
contract
fails
or
b.
The
CIAC
isrecord
also
authorized
toto
use
its
affecting
the
merits
of
the
decision
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nomination
of
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international
party;
or
be
made
summarily
directing
the
parties
to
That
the
arbitrators
exceeded
their
construction
of
give
the
arbitral
tribunal
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opportunity
to
arbitral
tribunal.
Unless
the
challenged
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protection
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modification
thereof,
may
be
reason
arbitrations
party's
do
so
from
last
for
are
any
known
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obtaining,
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other
address.
the
party,
signature
arbitrators
The
or
notice
if
isshall
the
stated.
award
shall
two
Alternative
Dispute
Resolution
(ADR)
as
an
granted:
information
or
to
produce,
or
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provide
connection
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otherwise
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specified
the
order
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unless
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apply
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to
Arbitrators
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at
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commencement
of
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c.
order,
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arbitral
tribunal
give
their
commenced
address
or
continued,
of
and
in
the
an
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arbitration,
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or
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scope
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authority
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in
proceedings?
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e.
matter
arbitral
enforcement
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in
filled?
procedure
respect
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parties
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issue
under
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arbitral
conducted;
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proceedings
order
applicable
(ii)
to
where
prevent
when:
to
them,
the
or
appointment
of
three
arbitrators,
one
be
after
only
application
due
be
notice,
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for
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recognition
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present
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of
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be
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be
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e
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3.
interested
application;
party
and
judgment
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court;
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Settlement
(Article
30)
A:
A
Q:
When
His
of
a.
What
Who
the
to
mandate
should
determines/chooses
hold
conclusion
is
the
terminates.
oral
the
deposit
hearings
of
betwe
that
The
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minifor
parties
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preliminary
preparatories
injuction
directed
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ENFORCEMENT
OF
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MEDIATED
SETTLEMENT
the
policy
of
the
law
in
favor
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arbitration.
A:
The
CIAC
shall
be
under
the
administrative
(a
Information
obtained
through
mediation
:
A
SEC.
23.
Confidential
ofreceipt
Arbitration
tocourt
Grant
Interim
How
are
arbitrators
1. request,
The
Court
shall
suspend
the
Appointed
by
the
Appointed
by
the
)Q:
refuses
to
name
his
before
constitution
of
the
tribunal,
from
arbitrator
within
ffteen
days
after
ofor
the
the
matter
submitted;
or
receipts
and
deposits
of
funds
to
finance
he/she
is
the
common
choice
of
the
two
works;
proceed
resume
the
with
arbitral
the
arbitration
proceedings
in
accordance
or
to
take
with
(i)
to
prevent
irreparable
loss
or
injury:
made
with
the
arbitral
tribunal
to
the
powers,
or
so
The
arbitrators
award
shall
fail
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state
agree
the
reasons
on
the
upon
third
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arbitrator
it
is
access
to,
any
relevant
documents,
goods
hearing,
ask
tribunal
considers
it
inappropriate
or
unnecessary
notice
to
all
parties
of
the
request
for
the
interim
during
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arbitral
proceedings.
The
arbitral
selected
by
each
party,
the
demand
shall:
hearing
term
the
arbitral
of
or
the
fails
predecessor.
award
to
obtain
in
an
accordance
adjournment
with
thereof.
the
if
any
party
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served
notice
at
such
f.
made
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with
agreement
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agreement
within
the
of
meaning
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parties
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or,
prohibit
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incapacity,
documents
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act
Observance
of
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qualifications?
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give
There
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rise
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measure
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or
matter
and
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only:
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in
disputes
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R.A.
No.
A:
The
An
Arbitrators
their
Yes.
If
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Appeal
parties
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places
A
privilege
award
shall
appointed
from
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Article
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XIII
ACT
NO.
876
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Order
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1008,
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This
Convention
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6.
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SEC.
21.
Commercial
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received
may
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party
against
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the
relief
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sought,
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demand
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the
name
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person
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decision
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Q:
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Dispute
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Either
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As
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arbitrator
has
shall
been
be
competent
authority
where
the
recognition
and
disclosure
covered
likely
to
this
by
be
State;
of
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relevant
the
rest
to
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of
the
arbitral
information
tribunals
Otherwise,
court
of
to
this
the
circumstances
as
elucidated
of
herein,
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case,
the
including
Court
of
more
procedure
than
of
one
the
arbitrator,
territory
the
where
signatures
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award
of
the
is
he/she
writing
arbitration,
explained
by
said
or
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it
contents
party,
contains
or
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a
decisions
settlement
practicing
on
be
granted:
arbitrators
deposit?
judgment
hearing
figures,
free
and
therein
of
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ofagree
or
any
court
designated
an
on
meeting
evident
confirming
the
or
procedure
mistake
to
of
be
the
an
thereafter
arbitral
arbitral
in
toan
be
majority
vote
(Sec.
10).
substitute
interim
demand,
what
another
may
is
the
d
(Art.
the
agreement?
)preliminary
later
recognition
23)
;discovery
whom
or
that
order?
the
it
and
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enforcement
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awards
parties
or
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court,
as
the
case
may
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shall
proceed
thereafter
by
more
problems
than
arising
arising
one
between
country.
from,
or
them.
connected
with,
the
:proceeding
Power
of
arbitral
tribunal
to
order
Sec.
A:
Where
It
An
means
award
Functions
the
any
on
parties
agreed
partial
of
agree
the
or
terms
final
Commission.
that
shall
decision
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be
dispute
made
by
The
in
A
Q:
Who
b.
When
In
shall
such
may
case,
the
Appointment
the
party
the
court
request
expenses
may
of
refer
the
for
the
the
and
shall
be
inadmissible
if
arbitration
INTERNATIONAL
ARBITRATION
proof
for
the
limited
purpose
of
disclosing
granted:
settlement
CHAPTER
6
-shoulder
ARBITRATION
OF
B.
FOREIGN
ARBITRAL
Q:
Who
is
a
non-party
Resolution
What
the
(ADR)?
form
of
arbitration
A:
An
arbitration
is
"commercial"
if
it
covers
New
York
Convention
authority?
Implementing
orto
A:
Construction
disputes
which
fall
within
the
A 6.
domestic
arbitral
award
when
There
isisagainst
no
There
isirreparable
a
need
for
the
given
proper
notice
of
the
appointment
of
its
enforcement
supply
the
original
by
of
Court
the
parties,
pertaining
the
to
evidence.
encouraged
to
go
terminated
or
(i)shall
aarbitrator.
to
prevent
party,
nonparty
loss
had
appointed
in
accordance
according
with
to
the
the
rules
terms
that
of
were
the
to
appoint
ain
substitute
or
substitutes
for
the
arbitrator
necessary
determination
to
whether
athe
complete
grant
understanding
or
maintain
the
of
Appeals
the
retains
convenience
jurisdiction
of
the
in
petitions
parties
shall
for
decide
review
or
tribunal
description
for
the
purposes
of
any
of
person,
inspection
thing
or
of
majority
relied
upon,
of
all
under
members
the
conditions
of
the
arbitral
laid
down
tribunal
attorney-at-law,
matters
beyond
shall
the
scope
be
permitted
of
the
submission
by
the
appointed
followed
by
by
parties,
the
arbitral
may
tribunal
select
in
are
sought,
and
arising
out
of
differences
necessary:
remedy
of
the
aggrieved
party?
in
which
pre-trial
he
is
acting
conference;
as
or
one.
Failure
of
the
party
to
remove
the
mediator
to
invoked,
declare
if
the
that
office
party
of
furnishes
such
arbitrator
to
arbitrator
Commission
shall
accordance
be
settled
shall
arbitrators
parties.
services
:
arbitral
Since
tribunal
of
an
the
to
any
adversarial
proceeding,
whether
court
of
relevant
documents
in
cases
interim
measures
A
A:
If
2.
The
one
party
losing
fails
party
to
contribute
who
appeals
his
share
from
in
the
the
A
A:
Q:
The
foreign
It
When
What
A
court
must
preliminary
is
should
be
may
arbitral
the
in
execute
effect
order
the
award
claimant
shall
of
the
when
the
request
expire
Secretariat
challenge
file
confirmed
his
after
within
twenty
on
by
its
a
enforcing
an
interim
measure
ordered
by
an
arbitral
tribunal.
AWARDS
that:
Deposit
of
the
Settlement
participant?
agreement?
Sec.
matters
4.
Jurisdiction.
arising
The
CIAC
shall
have
original
CONSTRUCTION
DISPUTES
WHEREAS,
Q:
Distinguish
Where
Under
is
there
the
instances
an
place
is
arbitrator
a
of
need
business
may
from
to
the
establish
if
the
party
an
original
1.
to
and
prevent
irreparable
loss
or
Appointment
of
foreign
It
means
any
process
or
procedure
confirmed
shall
be or of the arbitral
A:
"Appointing
Authority"
as
used
in
the
need
for
confirmation
court
to
the
or
injury:
an
arbitrator
proceedings
award
or
athe
copy
thereof.
Ifthe
the
award
isBank
not
actions
of
the
de
facto
ADR
under
the
Constitution
for
the
purpose
suspended
by
the
arbitral
tribunal
or,
the
order,
goods,
previously
property
and
other
such
property
referred
disclosed
obligation
to
or
inConstruction
documents.
the
information.
shall
award;
continue
until
If
a
or
in
petitions
on
aresolve
different
for
certiorari
place
of
(Insular
arbitration.
Savings
(ii)
the
recognition
or
enforcement
ofor
the
shall
the
suffice,
following
provided
articles.
that
There
the
reason
shall
for
not
any
be
to
arbitration,
provided
that,
ifconfirm
the
decisions
appoint
conducting
a
person
the
as
proceedings.
an
additional
arbitrator,
between
persons,
whether
physical
or
legal.
It
(7)
A
party
who
does
not
comply
with
the
order
shall
vacant.
competent
Any
court
vacancy
where
recognition
shall
be
filled
or
means
there
is
a
waiver.
b.
Upon
request
of
both
parties
Arbitrators
shall
receive
as
exhibits
in
evidence
judicial
or
quasijudicial,
However,
resolving
perform,
by
with
the
sole
where
provisions
the
arbitrator,
among
issue
resort
others
in
of
they
a
article
to
controversy.
may,
the
that
31
by
court
may
and
agreement,
shall
be
is
allowed
state
expert?
correct
will
the
have
award?
to
determine
actual
amount
:deposit,
judgment
the
of
the
court
writing.
the
days
statement
competence
proceedings?
from
of
a
the
of
claim?
and
exclusive
(Article
The
parties
to
the
agreement
referred
to
Q:
A
from
i.a
b.Give
(iii
the
to
prevent
the
list
JURISDICTION
of
rule
irreparable
arbitrators
Interim
with
loss
OF
measures
regard
ARBITRAL
or
to
by
the
fo
NOTE:
Accordingly,
(bcourt
How
a.
(a
There
a
Any
should
party
is
party
unlike
fails
no
the
desiring
to
asuch
appointment
privilege
mediator,
act
as
to
required
be
if
arbitrators
represented
of
a
under
court
have
such
bythe
or
a
what
arbitral
party
mediator.
has
machinery
more
submit
than
to
from
all
relationships
of
a
commercial
Grounds
for
challenge
(Article
12)
injury:
Q:
What
law
governs
Recognition
the
and
arbitration
arbitrator
exclusive
2.
jurisdiction
of
the
Industry
A:
It
means
a
person
other
than
a
party
or
of
used
A:
A
contract
to
to
arbitrate
a
a
controversy
Model
Law
shall
enforced
in
the
same
manner
as
final
and
(ii)
to
provide
security
for
of
arbitral
award
or
was
otherwise
unable
to
present
his
made
in
an
official
language
of
this
State,
the
arbitrator
will
be
of
obtaining
industrial
peace.
be
liable
for
all
Where
the
arbitrators
have
awarded
upon
person
the
party
suffers
against
loss
whom
or
damages
the
order
in
has
a
judicial
been
vs.
Far
The
East
Bank
arbitral
and
Trust
tribunal
Company,
may,
492
SCRA
unless
omitted
imposed
Failing
substantially
signature
such
is
more
agreement,
stated.
onerous
The
the
conditions
award
arbitral
shall
or
on
matters
submitted
to
arbitration
can
be
any
selection
document
or
appointment
must
be
in
writing.
shall
also
in
enforcement
apply
the
same
to
arbitral
is
sought
manner
awards
proof
as
not
that:
the
considered
original
evidence
or
information
that
is
otherwise
herein.
Provided,
however,
that
the
court
conferred
that
itparty
is
an
by
law,
which
the
other
court
confirming
must
pay
an
arbitral
in
full.
award
required
foreign
Should
date
and
according
on
country,
the
which
arbitration
to
shall
its
it
rules
was
be
recognized
proceedings
on
issued
taking
by
evidence.
and
the
be
enforced
arbitral
court
TRIBUNAL
representation
:arbitration?
accredited
)settle
injury:
by
of
the
athe
party
CIAC
rof
arbitrators
counsel
the
) Within
)Within
administrative
power
procedure,
shall
be
made?
agency,
jurisdiction
over
disputes
arising
from,
or
in
article
II
Q:
SEC.
Allii.An
When
statements,
Can
43.
is
the
Recognition
arbitration
parties
documents
ask
considered
and
or
the
Enforcement
other
mediator
information
as Foreign
ofshall
an
refer
Q:
Unless
b
A:
Where
What
When
Whenever
If
the
the
otherwise
is
thirty
is
court
should
parties
the
the
an
the
agreement
days
period
function
agreed
parties
the
to
of
arbitration
settlement
receipt
of
by
request
of
time
the
the
of
parties,
agreed
CIAC
for
the
unless
the
award,
the
services
by
itin the
to
one
place
to
of
business?
such
disputes
expeditiously
in
nature,
whether
performance
enforcement
concerning
the
to
provide
security
for
the
mediator,
who
any
thereafter
arising
Arbitration
Commission
(the
"Commission")
A:
arbitrator
acts
as
an
out
ofofshall
court
judge
dispute
or
controversy,
other
than
by
mean
the
person
or
institution
named
the
executory
decisions
SEC.
37.
Appointment
SEC.
30.
Place
of
case;
or
damages
resulting
from
noncompliance,
including
all
court
may
request
the
party
to
supply
a
sustained
but
ifmay,
the
a
matter
not
submitted
to
them,
not
requested
has
had
an
opportunity
to
present
its
otherwise
agreed
by
the
parties,
meet
at
Q:
state
higher
What
the
fees
reasons
th
or
leg
charges
upon
bas
o
which
on
ADR
the
it
Giv
is
recognition
based,
th
Civ
unless
Cod
or
separated
from
those
not
so
submitted,
that
Such
additional
arbitrator
must
sit
with
the
as
domestic
admissible
awards
or
subject
in
the
State
to
discovery
where
does
their
which
the
tribunal
parties
may
wish
to
submit
and
the
in
which
the
action
or
the
appeal
is
of
any
by
the
appealant
court
to
post
counterbond
tribunal.
a
foreign
However,
arbitral
the
award
arbitral
and
tribunal
not
a
judgment
may
issue
of
connected
with,
contracts
entered
into
by
parties
award.
Such
an
award
has
the
same
status
and
owe
to
each
other,
the
court
can
direct
appointment
and
confirmation
(Sec.
14).
and
authority
or
to
render
an
arbitral
award.
in
international
to
provide
(as
security
well
as
for
in
the
mediation
and
notify
finds,
the
other
after
party
a
hearing
or
parties
in
camera,
of
such
intention
that
the
commercial?
to
Foreign
supplied
establish
to
Arbitral
his
y
be
finds
Secretariat?
of
considered
arbitral
.
parties
unless
an
deposited?
finds
expert,
that
another
tribunal
or
that:
the
written?
order
to
maintain
and
promote
a
healthy
CHAPTER
VI.
MAKING
OF
performance
obligation;
A
It
Q:
What
Which
is
b)
1)
person
not
In
To
if
are
the
body
both
incompatible
the
who
event
formulate
has
parties
grounds
that
discloses
jurisdiction
one
fail
with
for
and
party
to
challenge
tender
or
an
over
defaults
adopt
makes
arbitration
the
the
in
an
a
A
A:
No,
a.
(b
the
a
were,
party
proceedings
under
to
the
the
Challenge
shall
law
arbitration
proceed
applicable
of
and
arbitrators
agreement
to
can
them,
construction
disputes?
participates
in
a
mediation
proceeding
as
a
between
the
parties,
as
well
as
a
submission
to
and
include
settles
those
between
or
among
parties
to,
or
3.
adjudication
of
a
presiding
judge
of
a
A:
Two
It
is
or
that
persons
which
has
or
the
parties
closest
may
submit
What
will
govern
the
recognition
and
Arbitrator.
The
3.
Q:
What
are
the
relationships
of
a
arbitration
Arbitration
expenses,
andaward
Q:
What
court
has
jurisdiction
to
the
deals
with
a
dispute
not
affecting
the
merits
ofby,
the
decision
upon
obligation;
is
e
al
is
fcontents
?by
eparty
eaward
ilorder
eand
any
place
itof
considers
for
the
enforcement
parties
have
of
arbitral
agreed
that
awards
no
reasons
to
which
are
this
part
of
the
award
which
contains
decisions
not
become
inadmissible
or
protected
pending
may
issue
a
protective
exhibits
shall
subject
to
the
provisions
of
this
Law,
executed
in
favor
of
the
prevailing
party
equal
to
involved
an
interim
in
construction
measure
adopting
in
the
Philippines:
or
modifying
the
domestic)
arbitration?
May
an
alien
party
seeking
discovery
of
the
performance
obligation;
the
at
least
parties
the
five
parties,
to
days
go
prior
to
or
mediation
two
to
the
arbitrators,
hearing.
to
an
annex
are
court.
partnership
between
the
government
qualification?
Awards
the
arbitral
Not
tribunal
Covered
by
one
the
New
shall
York
be
arbitration
they
may,
determined
period
at
shall
of
the
time
agreement
request
by
equally
has
the
been
arbitral
shoulder
is:
a
agreed
party,
tribunal,
grant
the
upon
the
expert's
interim
by
claimant
the
fees
representation
required
agreement
of
competence
arbitrators?
answering
arbitration
deposit?
for
of
the
about
a
program
the
a
for
:arbitrate
make
)If
an
referred
award
to
in
under
some
incapacity,
or
the
said
to
produce
or
preserve
any
who
are
otherwise
bound
an
arbitration
AWARD
AND
court
or
an
offcer
of
a
government
reasonable
attorney's
fees,
paid
in
obtaining
the
A:
disputes
Q:
iii.
What
An
c.
arbitration
if
extra-judicially.
they
Form
Costs
failed
is
and
"commercial
Qualifications
and
to
A
agree
Damages
mediator
as
if
of
it
of
to
covers
does
(Article
not
A:
Grounds
foreign
How
1.
An
the
he
may
arbitration
arbitral
parties
for
interim
an
refusing
so
arbitral
award,
measure
desire,
agreement
recognition
when
award
they
is
confirmed
incompatible
may
isappropriate
be
in
or
deposit
writing
byunable
the
with
if
witness,
resource
an
more
relationship
to
to
the
the
enforcement
of
transaction
covered?
arbitration
Construction
4.
of
one
or
more
Industry
Arbitration
A
Q:
What
do
you
mean
by
arbitral
to
compel
any
Procedure
other
appropriate
by
the
act
or
agreement
as
the
appointing
authority;
or
the
confirm
the
award?
Where
is
the
place
of
contemplated
by
or
not
falling
within
the
(iii)
to produce
or preserve
any
the
matter
submitted;
or
consultation
among
its
members,
for
provisio
be
given.
prevent
The
award
or
shall
prohibit
state
its
disclosure
date
and
of
conduct
the
arbitration
in
such
manner
as
the
amount
of
the
award
in
accordance
with
the
preliminary
order,
after
the
party
against
whom
represent
a
party
in
international
proponent
of
the
evidence
has
shown
to
produce
or
preserve
any
private
sector
in
the
furtherance
of
The
judge
in
such
case
will
be
the
judge
of
an
to
reach
Q:
Who
shall
take
possession
or
custody
agreement
is
not
valid
under
the
law
to
Convention.
communicated
to
The
and
expenses,
mediation
party
tribunal
the
demand,
to
vis--vis
construction
request,
is
precluded
the
its
aggrieved
before
jurisdiction?
from
or
party
during
asserting
May
may
arbitral
the
file
(Article
article
13
(3)).
7
was
under
some
incapacity;
or
17
(Article
matter
the
G)
arbitrator?
arising
31)
enforcement
agency
such
regional
confirmed?
its
content
settlement
trial
in
powers
is
(Article
which
36)
a
neutral
third
party
agreement,
directly
or
by
reference
whether
such
TERMINATION
OF
render
iv
an
A:
A
At
If
the
both
to
that,
compel
request
parties
if
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25)
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16)
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28.
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3)
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during
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used
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Order
mentioned
respondent?
in
No.
crime
in
in
arbitration
motu
1008,
the
or
otherwise
known
as
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appointment
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or
of
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permanent
arbitral
bodies
to
which
the
parties
d.
distribution
agreements;
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of
surveyor
Q:
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Where
When
are
may
is
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rules
Reports
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CIAC
(Sec.
Q:
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Is
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3. amount
Subm
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of money
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A
confirmed
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be or
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registered
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and
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at
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time
give
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to
justifiable
shall
supply:
doubts
other
award
person
by
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dispute
be
at
the
is
finally
discretion
decided,
of
the
agreed
to
procedure
under
such
arbitration
rules
unless
admitted
to
the
practice
of
law
in
section
twentyeight,
for
an
order
confirming
proceedings
with
more
than
one
arbitrator,
the
as
made,
per
day
final
to
may
cover
and
living
be
executory
refused
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traveling
only:
decisions
expenses
in
of
connection
courts
with
of
law
work
b.
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parties
to
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contract
may
in
situation,
mediator?
correct,
recognition
preliminary
or
vacate
order
the
and
recourse
enforcement
shall
award.
be
liable
The
will
of
party
for
be
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any
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moving
costs
accordance
proprio?
proceedings?
exist
that
give
with
felony;
rise
the
to
or
justifiable
Agreement
doubts
of
the
as
to
his
18)
number
arbitration?
declared
of
in
arbitrators?
default?
arbitration
subject
to
appeal?
expenses?
works;
controversy
:executory?
done
away
from
home
public policy. (1255a)
for the commercial
selection and
appointment
arbitrators.
representation
orofagency;
Facultad
Facultad
de
de
Facultad the
deDerecho
Derecho
Civil
18
In ad hoc arbitration,
default
appointment
DerechoCivil
Civil 39
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
38
1of
2
3
4
5
6
7
8
9
an arbitrator shall be made
by the
Facultad
de National

ALTERNATIVE DISPUTE
RESOLUTION