ALTERNATIVE DISPUTE RESOLUTION

Course Outline - 2017

I. Introduction

- What is Alternative Dispute Resolution?

- What is Conflict? And How to Manage Conflict.

II. Common Types of Dispute Settlement

- Negotiation
- Inquiry and fact finding
- Mediation
- Good offices
- Conciliation
- Arbitration

III. International Dispute Resolutions

- Overview of International Law

- Basic principles of international law (sovereignty, jurisdiction, independence, etc.)
- Article 33, Paragraph 1 of the United Nations Charter
- International Court of Justice.

- Some of Alternative Dispute Settlement Institutions

- Permanent Court of Arbitration (Hague Convention 1907)
- International Court Arbitration (International Chamber of Commerce)
- United Nations Commission for International Trade Law (1985 UNCITRAL Model
Law On International Commercial Arbitration)
- 1958 New York Convention

- How to Settle International Business Dispute

- Types of Arbitration
- Arbitral tribunal
- Arbitration Proceedings
- Lex arbitri and the law of the subject matter
- Award (rendering, recognition, enforcement, etc)

IV. Domestic Dispute Resolutions

- Introduction to Domestic Dispute Resolution

- Arbitration Law (Republic Act No. 876)
- Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285)
- DOJ department Circular No. 98 s 2009 (Implementing Rules and Regulations of
Alternative Dispute Resolution Act of 2004)
- A.M. No. 07-11-08-SC (Special Rules of Court on Alternative Dispute Resolution)