FLOWCHART (PDRCI RULES)

Respondent files a

RESPONSE (see notes on

Response)
QUICK notes:

NOTICE OF
ARBITRATION

Claimant files a

May include: a) Statement of Claims

b) Proposed Arbitrator
Claimant pays a non refundable filing
fee, provisional advance on costs

30
DAYS

1. If notice of arbitration includes:

a) Statement of Claims and/or b) Proposed Arbitrator
(see notes on
Arbitrator)
RESPONSE should include Statement of defense and/or
proposed arbitrator
2. may include plea of lack of jurisdiction
3. RESPONDENT shall pay a PROVISIONAL ADVANCE in
accordance with the guidelines of fees.

Non-payment = The arbitral tribunal shall not act on any

counterclaim or any other claim or affirmative relief sought by
CONSTITUTION OF THE ARBITRAL
TRIBUNAL
respondent
The appointment of arbitrators whether as sole arbitrator or an arbitral tribunal shall be subject to confirmation by PDRCI

No. of Arbitrators

THREE ARBITRATORS

Each party may propose one arbitrator in the Notice of Arbitration and one arbitrator in the
response or in any subsequent communication with the PDRCI
THE two arbitrators appointed, upon confirmation of their appointment shall chooseNOTICE
a third arbitrator,
OF CONFIRMATION
who upon confirmation of his appointment will act as chair of the arbitral tribunal.
shall
send notice of the confirmation to
If either party fails to appoint an arbitrator, PDRCI shall appoint the arbitrator PDRCI
for that
party.
nd
the
parties
and theon
tribunal,
expressly providing
If after 30 days from the confirmation of the 2 arbitration, the two arbitrators
have
not agreed
the
for
the
date
of
the
ARBITRAL
TRIBUNALS
choice of the chair. PDRCI shall appoint the chair.
CONSTITUTION.
SOLE ARBITRATORParties (claimant and/or respondent) shall propose nominee/s for sole arbitrator in the Notice
of Arbitration
or TO
in CONSTITUTE the
In case
of FAILURE
the Response to the Notice OR in a subsequent communication with the PDRCI
ARBITRAL TRIBUNAL= PDRCI ( at the
request of any party) constitute the
Within 30 days from receipt by a party of another partys proposal/nominee, the arbitral
partiestribunal
shall reach
and in doing so may
an agreement on the choice of sole arbitrator, if no agreement reached, PDRCI shall
appoint.
revoke
any appointment or confirmation
already made and appoint/reappoint each

ARBITRAL
PROCEEDINGS

Appointment of
Arbitrators

ARBITRAL TRIBUNAL IS DEEMED CONSTITUTED WHEN THE APPOINTMENT OF SOLE

ARBITRATOR or the THIRD ARBITRATOR (chief) has been confirmed by PDCRI.

NOTES ON Notice of Arbitration and Response

Notice of Arbitration
Contents

Notes

Demand, names addresses and contact details of the parties

A reference to the arbitration clause/agreement
A reference to the Contract or legal relationship involved in the dispute
The relief sought
A proposal as to the no. of arbitrators( one or three, if parties have not previously agreed on the number)
Proposal regarding the appointment of a sole arbitrator or an arbitrator referred under Joinder of Addtl parties and
Claims between Multiple parties
Arbitration commences on the date when PDRCI receives Notice of Arbitration and the payment of (NON
REFUNDABLE )Filing fee
NOTICE of Arbitration may also include the Statement of Claim ( Article 27)
Claimant shall also pay a provisional advance on cost
( effect of non non payment= respondent SHALL NOT BE REQUIRED to submit a response

RESPONSE
Contents

RESPONSE

names, addresses, and other contact details of each respondent

Within 30 days from receipt of PDRCIs notice to submit a response

When to file
Notes

response to information set forth in the Notice of Arbitration

A brief description of any COUNTERCLAIM, or any other claim for the purpose of set off/indemnity or
contribution
Proposals regarding the appointment of a sole arbitrator or an arbitrator

May include:

A plea that an arbitral tribunal to be constituted LACKS JURISDICTION

Statement of DEFENSE

RESPONDENT shall pay a PROVISIONAL ADVANCE on cost in accordance with the guidelines of fees.
Effect of NON PAYMENT of Provisional Advance=
The arbitral tribunal shall not act on any counterclaim or any other claim or affirmative relief sought by
respondent
The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to a respondents failure to
communicate a response to the Notice of Arbitration

Notes on Provisional Advance (PDRCI Guidelines on Fees)

Provisional Advance on Cost includes: Arbitrators fees, Administrative fees, and other arbitration related expenses
Set and SOLELY collected by the PDRCI
Provisional advances shall be paid directly to PDRCI within 30 days from receipt of the corresponding statement from PDRCI
Provisonal Advances shall be exclusive of VAT

ARBITRATORs FEES

Admin Fees

Other Costs

90% - arbitrator, 10% PDRCI

Claimant

Responde
nt

Claimant

Responde
nt

Claimant

Responde
nt

To be
assessed

To be
assessed

P 50, 000
filing

to be
assessed

to be
assessed

to be
assessed

The Arbitral Proceedings

After the Constitution of the ARBITRAL TRIBUNAL:
PARTIES prepare

Statement of
Claim/
Defense
(unless if notice of
arbitration/respons
e is elected as
statement of
claim/defense

TRIBUNAL
PREPARES

TERMS OF
REFERENCES
On the basis of the
parties submissions, if
appropriate upon
consultation with the
parties.

TRIBUNAL DECIDES
ON HOW THE

PROCEEDINGS
ARE HELD:
1) DOCUMENTS ONLY
and/or
2) Hearings
In the absence of a
request from any
party to hold hearings
(expert testimony,
oral arguments)

TRIBUNAL
DECIDES ON
a) PLACE
b)LANGUAGE
c) and may
demand
Further
written
statements

CASE MANAGEMENT CONFERENCE

TRIBUNAL MAY

GRANT
INTERIM
MEASURES
OF
PROTECTION

HOW
When
AIM

Tribunal convenes the parties to a conference. GR: In person or as may be directed by

tribunal: video/audio conference
As soon as the terms of references are SIGNED or issued, and at any time upon the
tribunals discretion
Discuss procedural measures, ESTABLISH PROCEDURAL TIMETABLE
(the Procedural Timetable and any modification thereto shall be communicated to PDRCI and
the parties)
The Tribunal may extend/shorten any period of time in the timetable or prescribed under the Rules,
AFTER CONSULTING with the parties.

HEARINGS
NOTES
ON STATEMENT
OF CLAIM/ DEFENSE
STATEMENT
OF DEFENSE
A statement of claim/defense may be
Arbitration/Response or in a

NOTES
What is
Statement of
Defense

contained in the Notice of

A statement of
subsequent communication to PDRCI.
defense in writing Respondent may claim
(can be made
counterclaim, or rely on
either in the
any other claim for the
The periods of time fixed by the
tribunal for the communication of
Response or in a
purpose of set-off
written statements (including
the Statement of Claim and Statement
subsequent
provided that the
of Defense) shall not exceed
forty-five (45) days ( extendible, if
communication)
arbitral tribunal has
justified). ( Art. 32)
To whom given
To PDRCI, to
jurisdiction over it
claimant, and to
each of the
Upon the filing of the
CLAIMANTS FAILURE TO COMMUNICATE THE STATEMENT OF
RESPONDENTS
FAILURE TO COMMUNICATE THE
arbitrators
Statement of Defense,
CLAIM (WITHOUT SUFFICIENT CAUSE) WITHIN
THE PERIOD FIXED
BY
STATEMENT OF DEFENSE
When given
Within a period of PDRCI shall determine
THE RULES OR THE TRIBUNAL
(WITHOUT
WITHIN THE PERIOD FIXED BY THE
time to be
the SUFFICIENT
RespondentsCAUSE)
Final
RULES
OR
THE
TRIBUNAL
determined by the Advance and shall be
= TRIBUNAL MAY ISSUE ORDER TERMINATING THE
= TRIBUNAL
SHALL ORDER THAT THE PROCEEDINGS
tribunal.
required
to pay LESS
ARBITRATION
CONTINUE,
FAILURE
TObyCOMMUNICATE IS NOT TREATED AS
Contents
Reply to
ANY AMOUNT
paid
particulars
in
AN ADMISSION
way of PROVISIONAL
the Statement
ADVANCE.
of Claim
(accompanied by
documents and
other evidence)

STATEMENT OF CLAIM
What is
Statement of
Claim

To whom given

When given
Contents

WHO
FORM
WHEN ISSUED
Contents:

Notes:

a statement of claim in
NOTES
ANNEXES REQUIRED:
writing
a) Contract or legal
( can be made either in the
instrument related to
Notice of Arbitration or as a
subsequent communication) dispute
TO PDRCI, to respondent,
and to EACH of the
b) ARBITRATION
arbitrators
agreement
Within a period of time to de
determined by the tribunal
The statement of claims
a) The names, addresses
shall be accompanied by
NOTES ON TERMS OF REFERENCES
and other contact details of
all documents and other
the parties;
reliedofupon
Prepared by the Tribunal evidence
on the basis
the by
parties submissions, and if appropriate upon consultation
(b) AMay
statement
of
the
facts
claimant
or contain ORDER issued by the TRIBUNAL, 2) in the form of JOINT SUBMISSION
be in the form of a 1)
PROCEDURAL
supporting
the
claim; or 3) ANY
references
to them.
BY THE
PARTIES
OTHER
FORM
(c) The
points
at
issue;
Issued by the TRIBUNAL within 15 days from the receipt of the file from the PDRCI
(d) The legal grounds or
a) Names, addresses, and other contact details of the parties, their representatives and counsel, if any; b} the
arguments supporting the
PDRCI shall determine
addresses to which communications may be made; c) summary of the parties respective claims and the relief sought
claim;
the amount of claimants
by each
d) issues to be determined; e) names, addresses and contact details of each of the arbitrators; f) place of
(e) The
value party;
of the claims
FINAL ADVANCE ON COST
the
arbitration;
g)
the
particulars
of the the
applicable procedural rules other than the Rules and, if necessary, reference to
and the amounts involved,
and shall require
the
power
conferred
upon
the
arbitral
tribunal
to act as amiable compositeur or to decide ex aequo et bono; and h) the
or if the relief sought is non- claimant to pay the same,
parties
file counsel
to bepaid
assigned
to the case.
monetary,
anpreference
estimate for a less
any amounts
by
PARTIES
sign
the TERMS of References. If a party is unable or refuses to sign,
thereof;
and shall review and
way of
PROVISIONAL
(f) The
relief
sought.
ARBITRATION SHALL PROCEED
ADVANCE. on the basis of the Terms of Reference signed by at least one party and the

arbitral tribunal. Issues defined therein may be amended.

Notes on Interim Measures

When and where Before constitution of the tribunal- apply in court
available
After constitution of tribunal- apply in tribunal or in COURT if tribunal has no power to act or is unable to act effectively.
GROUNDS
(a) prevent irreparable loss or injury;
(b) provide security for the performance of any obligation;
(c) produce or preserve any evidence;
(d) maintain or restore the status quo pending the determination of the Dispute;

(e) take action to prevent, or refrain from taking action that is likely to cause current or imminent harm or prejudice to the
arbitration;
(f) provide a means of preserving the goods in dispute and any other assets out of which the award may be satisfied,
including appointment of receivers or detention, preservation and inspection of property; or
(g) compel any other appropriate act or omission.

How
Notes:

***for a,d,e,f: - claimant to prove:

(a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm
substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is
granted; and
(b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of
this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
written application transmitted by reasonable means to the arbitral tribunal and to the party against whom the measure is
sought, describing in appropriate detail the precise relief, the party against whom the relief is requested, the grounds for the
relief, and the evidence supporting the request.
The order shall be binding upon the parties.

The arbitral tribunal may modify, suspend or terminate the Interim Measure it has granted, upon application of any
party or, in exceptional circumstances and after prior notice to the parties, on the arbitral tribunal's own initiative.

A party who does not comply with the Interim Measure shall be liable for all damages resulting from non-compliance,
including all cost and reasonable legal fees paid in obtaining judicial enforcement.

Either party may apply with the court for assistance in implementing or enforcing the Interim Measure ordered by the
arbitral tribunal.

The tribunal may require any party promptly to disclose any material change in the circumstances on the basis of
which the Interim Measure was requested or granted.

The order granting an Interim Measure may be conditioned upon the provision of security for any act or omission
specified in the order.

The party requesting an Interim Measure may be liable for any cost and damages caused by the Interim Measure to
any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the Interim Measure
should not have been granted. The arbitral tribunal may award such cost and damages at any point during the arbitral
proceedings.

Appointment of Arbitrators
The appointment of arbitrators whether as sole arbitrator or an arbitral tribunal shall be subject to confirmation by PDRI
SOLE ARBITRATOR
Parties (claimant and/or respondent) shall propose
nominee/s for sole arbitrator in the Notice of Arbitration or in
the Response to the Notice OR in a subsequent
communication with the PDRCI
Within 30 days from receipt by a party of another
partys proposal/nominee, the parties shall reach an
agreement on the choice of sole arbitrator, if no
agreement reached, PDRCI shall appoint.
BOTH parties shall agree on the procedure for the
appointment of the sole arbitrator. If no agreement, PDRCI
shall determine appropriate procedure.

ARBITRAL TRIBUNAL ( three arbitrators)

Each party may propose one arbitrator in the Notice of Arbitration and one arbitrator in
the response or in any subsequent communication with the PDRCI

THE two arbitrators appointed, upon confirmation of their appointment shall choose a third
arbitrator, who upon confirmation of his appointment will act as chair of the arbitral tribunal.

If either party fails to appoint an arbitrator, PDRCI shall appoint the arbitrator for that party.

If after 30 days from the confirmation of the 2nd arbitration, the two arbitrators have not
agreed on the choice of the chair. PDRCI shall appoint the chair.
Notes:
Multiple claimants or the multiple respondents shall jointly appoint an arbitrator

If the parties agreed that the tribunal shall be composed of a no. other than one or
three, their appointment shall be based on method agreed upon by the parties.

Notes:
ARBITRAL TRIBUNAL IS DEEMED CONSTITUTED WHEN THE APPOINTMENT OF SOLE ARBITRATOR or the THIRD ARBITRATOR (chief) has
been confirmed by PDCRI.

PDRCI shall send notice of the confirmation to the parties and the tribunal, expressly providing for the date of the ARBITRAL TRIBUNALS
CONSTITUTION.

In case of FAILURE TO CONSTITUTE the ARBITRAL TRIBUNAL= PDRCI ( at the request of any party) constitute the arbitral tribunal and in doing so may
revoke any appointment or confirmation already made and appoint/reappoint each of the arbitrators and designate one of them as chair

NOTES ON ARBITRATORS
ON ARBITRATORS (arts 16-21)
Information on
proposed
Arbitrators
1. Full name/s

2. Address
3. Contact
details
4. Nationalitie
s
5. Description
of

Disclosure of Arbitrator/s

Disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality
or independence.
Disclosure to be made:
a) when approached in connection with his appointment
b) from the time of appointment and throughout the arbitration (disclosure shall be made to PDRCI,
parties, other arbitrators, unless they were previously informed or were aware of such
circumstances.

Challenge of
ARBITRATORS

An arbitrator may be
challenged if
circumstances exist that
give rise to justifiable
doubts as to arbitrators
impartiality or
independence
A party may challenge the
arbitrator appointed by
him only for reasons of
which he becomes aware
after the appointment.

qualificatio
ns

PROCEDURE IN CHALLENGING AN ARBITRATOR/ OR WHEN ARBITRATOR FAILS TO ACT/ WHEN IT BECOMES IMPOSSIBLE FOR AN ARBITRATOR
TO PERFORM HIS FUNCTIONS
a) Notice of appointment
or
b) Notice of circumstances giving rise to
justifiable doubts as to arbitrators
impartiality

Within 15 days from

Give written notice of challenge

stating the reasons therefor to PDRCI,
other parties, challenged arbitrator

Within 15 days from Notice of

APPOINTMENT is

WITHDRAWN
When
a) all parties agree
to the challenge
or
b) challenged
arbitrator
withdraws the
acceptance of his
appointment

If not all parties agree

to the challenge, or the
challenged arbitrator
does not withdraw w/n
15 days from notice of
challenge
PDRCI shall decide within 30
days from referral by the
Secretariat, by the arbitral
tribunal, or by any parties

If challenge is sustained by
PDRCI, a substitute arbitrator
shall be appointed/ chosen
*** PDRCIs decision on the
challenge is final