International Commercial Arbitration

September 8, 2017

Written Agreements, defined

Arbitration Agreements, defined

*Courts interprets the convention differently

Though may follow the NY Convention, different jurisdictions may still

Philippine position PDRC

- Rule 1, Art. 1.6 Definition of Terms

- Rule 2, Art. 4.7
- Cargill Phils. v. San Fernando Regala Trading
- Gonzalez v. Austria-Martinez

Drafting an Arbitration Agreement

Arbitration Agreement

- A contract by w/c the parties undertake to submit a current or future dispute to one or more
arbitrators, to the exclusion of the courts
- Usually in a clause or clauses in the contract
- Allows businesses to settle disputes quickly and quietly, w/o going through the expensive and
time-consuming legal system
- Confidentiality
- ELEMENTS:
o WHO stands for the parties
o WHEN stands for the nature of disputes
o WHAT stands for the decision to go to arbitration
o WHERE stands for seat of arbitration
o HOW stands for the procedure of initiating the arbitration proceedings.