Adr

ALTERNATIVE DISPUTE RESOLUTION ACT together to present summaries of their cases and
OF 2004. receive a non-binding assessment by an

experienced neutral person with expertise in the
What is ADR? subject or in the substance of the dispute.
Any process or procedure used to resolve a Mini Trial- is a structured dispute resolution
dispute or controversy, other than by method in which the merits of a case are argued
adjudication of a presiding judge of a court or an before a panel composed of senior decision
officer of a government agency, as defined in this makers, with or without the presence of a
Act, in which a neutral third party participates to neutral 3rd person, after which the parties seek a
assist in the resolution of issues, which includes negotiated settlement.
arbitration, mediation, conciliation, early neutral
evaluation, mini-trial, or any combination Any combination of the foregoing- Any
thereof. combination of the foregoing ADR forms,
approved by the parties, not contrary to law,
What is the State Policy on ADR? morals, good customs, public order or public
policy, may be implemented. [Art 7.7 (b) IRR]
 ADR act of 2004 declared the state policy
 Promote party autonomy resolution of dispute What are the Classification of forms of ADR?
 Freedom of the party to choose or make their
own arrangement to resolve dispute  As to the number of parties:
 Provides solutions that is less time 1. Bi – party – one or two parties
consuming, less confrontational procedure of 2. Multi – Party – two or more
goodwill and lasting friendship  As to the number of issues involve:
 Wave of the future in international 1. Simple – one issues involve
relationship 2. Complex – two or more issues
 As to the extent of conclusion
1. Complete – all issues involve is
Differentiate Arbitration, Mediation and resolve
Conciliation? 2. Partial – only two or three issues
involve are resolved but not all
Arbitration Mediation Conciliation  As to the role of evidence in the
a voluntary means a process proceedings
dispute voluntary whereby the 1. Evidentiary
resolution process in which parties to a 2. Non – merit based
process in a mediator, dispute use  As to the pendency of the court case
which one or selected by the a conciliator, 1. Case – related – when there is a
more disputing parties, who meets case involved
arbitrators, facilitates with the 2. Independent
appointed in communication parties both  As to the applicable law
accordance and negotiation, separately and 1. Domestic – when the place of
with the and assist the together in an business and arbitration is in the
agreement parties in attempt to Philippines
of the reaching a resolve their 2. International – when the place of
parties, or voluntary differences in business involved two states and
rules agreement an arbitration is outside the
promulgated regarding a antagonistic Philippines
pursuant to dispute manner. 3. Foreign – when the place of
this Act, business is outside the Philippines
resolve a and the arbitration is outside the
dispute by Philippines.
rendering  As to the permanency of the ADR
an award provider
1. AD – HOC – temporary Mode
other than an institutional
Neutral Evaluation- is an ADR process wherein mediation
the parties and their lawyers are brought
2. Institutional – permanent
NT ADR REVIEWER Page 1

MEDIATION
What are the Components of ADR? What is Mediation
1. Contending parties who are involved in It is a voluntary process in which a mediator is

a dispute or controversy selected by the disputing parties. Its purpose is
2. Dispute or controversy which is to facilitate communication and negotiation, and
susceptible of being subjected to ADR assist the parties in reaching voluntary
3. Form of ADR which may either be agreement.
arbitration, mediation, conciliation, early
neutral evaluation, mini-trial or any Differentiate Court Annexed Mediation and
combination of the foregoing. Court Referred Mediation?
4. ADR provider or practitioner. Court Annexed Court Referred
3. An ADR Provider is an institution Mediation (CAM) Mediation
or person accredited as mediator, (CRM)
conciliator, arbitrator, neutral party Mediation conducted Ordered by the court to
evaluator, or any person exercising under the auspices of be conducted by the
similar functions in an ADR system the court agreement of the
4. An ADR Practitioner is an parties
individual acting as a mediator,
conciliator, arbitrator or neutral Katarungang Pambarangay law, CAM and CRM’s
evaluator who is not necessarily are not included in the coverage of ADR Act of
accredited as an ADR provider 2004
What may be the subject of ADR under ADR What are the forms of Mediation?
Act of 2004? As to form: Non- evidentiary and Non Merit
based
Any adversarial dispute and controversy involving
As to ADR provider: Institutional and ad hoc
two parties; EXCEPT: LaCMaSJuLCO
a.) labor disputes covered by Presidential What are the advantages of Mediation?
Decree No. 442, otherwise known as the
 Confidentiality in Mediation Process
Labor Code of the Philippines, as amended
 Prompt, economical amicable dispute
and its Implementing Rules and
resolution
Regulations;
 The decision making authority rest upon the
b.) the civil status of persons;
parties
c.) the validity of a marriage;
d.) any ground for legal separation;
How will the mediation process begin and
e.) the jurisdiction of courts;
commence
f.) future legitime;
 Notify the other party of the mediation
g.) criminal liability;
process
h.) those others which by law cannot be
 The same must be submitted to the
compromised. Ex. Future support
appointed mediator. If the mediator has
yet to be appointed then the parties must
select a mediator.
 The Mediator must first undergo Self-
examination process (See sec 13 below
“Duties of a person before accepting the
role of mediator)
 Issue a time place and date for mediation.
 Parties must appear and agree to the
process of mediation
What are the stages of the mediation

proceedings?
1. Opening statement of the mediator

2. Individual narration by the parties Yes. Except as otherwise provided in this Act, a
3. Exchange by the parties party may designate a lawyer or any other
4. Summary of issues person to provide assistance in the mediation.
5. Generalization and Evaluation of Options
6. Closure A lawyer of this right shall be made in writing by
the party waiving it.
Process is not obligatory and the
parties may choose the procedure that
A waiver of participation or legal representation
will govern their mediation.
may be rescinded at any time. (Sec 14)
Where is the Place of Mediation?
What are the duties of a person before
The parties are free to agree on the place of accepting the role of Mediator?
mediation. Failing such agreement, the place of
mediation shall be any place convenient and (1) make an inquiry that is reasonable under the
appropriate to all parties. (Sec 15) circumstances to determinate whether there are
any known facts that a reasonable individual
What is the effect of Agreement to Submit would consider likely to affect the impartiality of
Dispute to Mediation Under Institutional the mediator, including a financial or personal
Rules? interest in the outcome of the mediation and any
existing or past relationship with a party or
An agreement to submit a dispute to mediation
foreseeable participant in the mediation; [If any
by any institution shall include an agreement to
disclose as soon as practicable]
be bound by the internal mediation and
administrative policies of such institution.
Further, an agreement to submit a dispute to (2) disclosure to the mediation parties any such
mediation under international mediation rule shall fact known or learned as soon as is practical
be deemed to include an agreement to have such before accepting a mediation.
rules govern the mediation of the dispute and for
the mediator, the parties, their respective (3) At the request of a mediation party, an
counsel, and non-party participants to abide by individual who is requested to serve as mediator
such rules. (Sec 16) shall disclose his/her qualifications to mediate a
dispute. (Sec 13)
In case of conflict between the institutional
mediation rules and the provisions of this What are the grounds for which a Mediator
Act, which will prevail? can Withdraw?
Provisions of ADR 2004 (Sec 16)

 The party requested
How are mediators selected?  Lacks qualifications, training and experience
 Mediator’s impartiality is in question
The parties are given the freedom to select their  Violation of ethical standards
mediator and they may request the Office for  Safety will be jeopardized
Alternative Dispute Resolution to provide them  Unable to provide effective services
with a list or roster of its certified mediators, and  Conflict of interest
their resumes.  Other instances
What are the special qualifications of a Are Mediation Proceedings Confidential in

mediator? Nature?
This Act does not require that a mediator shall Yes. All information of evidence is privileged and
have special qualifications by background or confidential in character. (Sec 9)
profession unless the special qualifications of a
mediator are required in the mediation  Confidential Information- any information
agreement or by the mediation parties. (Sec 13) relative to the subject of mediation or
arbitration, expressly intended by the
Can a lawyer participate in Mediation source not to be disclosed, or obtained
Proceedings? under circumstances that would create a
reasonable expectation on behalf of the 3. A threat or statement of plan to
source that the information shall not be inflict bodily injury
disclosed. 4. Communication on attempt to
commit a crime
What are the legal effects of its Confidential 5. Used to approve or disprove
Nature? neglect, abandonment or
1. A party may refuse to disclose and may exploitation
prevent any other person from disclosing 6. Used to sought or complaint
a mediation communication. against misconduct
2. Confidential Information shall not be 7. Non-party base agreement
subject to discovery and shall be
inadmissible in any adversarial  Exceptions based on Public Policy
proceeding, whether judicial or quasi- 8. Court proceeding involving a crime
judicial, However, evidence or information or felony
that is otherwise admissible or subject to 9. Avoid liability on contracts arising
discovery does not become inadmissible from mediation.
or protected from discovery solely by
reason of its use in a mediation. (Sec 9) When is mediation no longer bound by the
confidential privilege?
Who are persons that may not be compelled  Termination of mediation proceedings
to disclose confidential information obtained  Settlement was reached
during mediation?  Mediation was permitted to be disclosed
The following persons involved or previously Is the Mediator allowed to charge reasonable fees
involved in a mediation may not be compelled to and costs?
disclose confidential information obtained during Yes, but he is under obligation to fully disclose
mediation and explain the basis thereof.
(1) the parties to the dispute;
(2) the mediator or mediators; If the mediator withdraws from the mediation, he
(3) the counsel for the parties; shall return any unearned fee and unused
(4) the non-party participants; deposit. He shall not enter into a fee
(5) any persons hired or engaged in connection arrangement contingent upon the results of the
with the mediation as secretary, stenographer, mediation or the amount of settlement.
clerk or assistant; and
(6) any other person who obtains or possesses
confidential information by reason of his/her (Sec 12) (Sec 13)
profession.
(Sec 19) What is the process in enforcing the
Mediated Settlement Agreement? (ADR
Does the Rule on Confidentiality apply to Duties of a Lawyer in Mediation)
mediators who were later found impartial?
Yes (a) A settlement agreement following successful

mediation shall be prepared by the parties with
What are the Exceptions to the Privilege the assistance of their respective counsel, if any,
against disclosure? and by the mediator.
(Sec 11) (b) The parties and their respective counsels, if

 Exceptions based on agreement, any, shall sign the settlement agreement. The
Nature of Proceedings, Crime or mediator shall certify that he/she explained the
Social Justice contents of the settlement agreement to the
1. Contained in an agreement parties in a language known to them.
evidence by a record authenticated
by all parties to agreement
(c) If the parties agree, they may deposit such
2. Made public or required by the
settlement agreement with the appropriate Clerk
courts to make it public
of a Regional Trial Court (a) Where the principal

place of business in the Philippines of any of the INTERNATIONAL COMMERCIAL
parties is located (b) If any of the parties is an ARBITRATION
individual, where any of those individuals reside
(c) in the National Capital Judicial Region (Sec What law governs International Commercial
17) – not indispensable for the validity thereof. Arbitration (ICA)?
International commercial arbitration shall be
How do the parties enforce the settlement governed by the Model Law on International
agreement? Commercial Arbitration (the "Model Law") (Sec
19)
A petition may be filed by any of the parties with
the same court, in which case, the court shall What is the coverage of IRR Rules on ICA?
proceed summarily to hear the petition, in  Applicable only to international commercial
accordance with such rules of procedure as may arbitration
be promulgated by the Supreme Court. (Sec 17)  The rules of procedure for international
commercial arbitration provided for under the
ADR act or its IRR may also be applied for
Can the mediator thereafter act as the sole
international commercial arbitration outside
arbitrator of the same case?
the Philippines if they are adopted as rules of
procedure by the parties in the exercise of
Yes. They shall treat the settlement agreement their privilege of party – autonomy and self –
as an arbitral award which shall be subject to determination
enforcement under Republic Act No. 876,  IRR SHALL BE USED IN DEFAULT:
otherwise known as the Arbitration Law, Applicable only in the absence of or in
notwithstanding the provisions of Executive Order default contained in the ff: (1) an
No. 1008 for mediated dispute outside of the agreement in force between the
CIAC. (Sec 19) Philippines and other state; (2) an
agreement between the parties on the
applicable rules
On what instances can ICA be sought?

 Parties and Places of business is in different
state
 Place of arbitration provided in the agreement
where parties have their business is outside
the Philippines
 Substantial part of obligation is to be
performed or the place with which the subject
matter of dispute is most closely connected,
and in which the parties have their place of
business, is outside the Philippines.
 The parties have expressly agreed that the
subject matter of the arbitration agreement
relates to more than one country.
 Subject matter of agreement relates to more

than one parties
 Commercial Arbitration
 Commercial relationship in nature
 Contractual or not
 Foreign Arbitration
 International commercial arbitration is outside
the Philippines
What does commercial mean?

Covers matters arising from all relationships of Which court may grant Interim Measures of
commercial nature, whether contractual or not. Protection in ICA?
Relationships of a transaction: any trade  Before constitution of the tribunal,
transaction for the supply or exchange of goods from a Court an interim measure of
and services; distribution agreements; protection and for the Court to grant such
construction for works; commercial measure.
representation or agency; factory leasing;  After constitution of the arbitral
consultancy; engineering; licensing; investing; tribunal and during arbitral
baking; financing; insurance; joint venture and proceedings, a request for an interim
other forms of industrial or business cooperation; measure of protection or modification
carriage of goods or passage of air, sea, rail or thereof, may be made with the arbitral
road. tribunal or to the extent that the arbitral
tribunal has no power to act or is unable
Who may act as Legal representative in to act effectively, the request may be
International Arbitration? made with the Court.
(Sec 28)
Any person of the parties choice. Must be a
lawyer to appear as counsel in any Philippine When is an Arbitral Tribunal deemed
court, or any other quasi-judicial body (Sec 22) constituted?
When may a party refer the case to ICA? When the sole arbitrator or the third arbitrator
who has been nominated, has accepted the
If at least one party so requests not later than nomination and written communication of said
the pre-trial conference, or upon the request of nomination and acceptance has been received by
both parties thereafter, refer the parties to the party making request. (Sec 28)
arbitration unless it finds that the arbitration
agreement is null and void, inoperative or Grounds for Interim Measure?
incapable of being performed. (Sec 24)
(i) to prevent irreparable loss or injury:
What is the Rule on Confidentiality in ICA?
(ii) to provide security for the performance of any
Mediation, proceedings, records, evidence, and obligation;
arbitral awards are confidential; Exceptions:
(iii) to produce or preserve any evidence; or
 Consent of the Parties
 Limited purpose of disclosing to the court
relevant documents in cases where resort to (iv) to compel any other appropriate act or
the court is allowed omission. (Sec 28)
(Sec 23)
How is the provisional relief or interim
What is the Meaning of Appointing measure requested?
Authority?
"Appointing Authority" as used in the Model Law Interim or provisional relief is requested by
shall mean the person or institution named in the written application transmitted by reasonable
arbitration agreement as the appointing means to the Court or arbitral tribunal as the
authority; or the regular arbitration institution case may be and the party against whom the
under whose rules the arbitration is agreed to be relief is sought, describing in appropriate detail
conducted. the precise relief, the party against whom the
relief is requested, the grounds for the relief, and
In ad hoc arbitration, the default appointment of evidence supporting the request.
an arbitrator shall be made by the National (Sec 28)
President of the Integrated Bar of the Philippines
(IBP) or his duly authorized representative. Where is the Place of Arbitration in ICA?
(Sec 26)  Place chosen by Parties

 Default place in case of failure to agree – - An arbitrator may have his MANDATE
METRO MANILA unless the arbitral tribunal TERMINATED when he withdraws or if the
decides on a different place parties agree to his withdrawal.
 The conduct of consultation among the
members of the arbitral tribunal, and the What are the grounds to challenge the
hearing of witnesses, expert or the parties, of appointment of arbitrators?
the inspection of goods, properties or
documents, shall be held, unless otherwise 1. Impartiality or independence
determined by the parties at a place 2. Possession of the qualifications agreed
considered appropriate by the arbitral upon by the parties
tribunal.  A party who appointed an arbitrator
(Sec 30) (Art 4.20 IRR) shall not be allowed to challenge the
such appointment of the arbitrator
When is the date of commencement of ICA
proceedings? When is the Arbitral tribunal deemed
 Determined by the parties constituted?
 Default- The date on which the request for
the dispute to be referred to arbitration is When the sole arbitrator or last member of the
received by the respondent arbitrators who has been appointed has accepted
his nomination and written communication or
What is the Language in ICA? said nomination and acceptance has been
 Parties shall determine the language received by the party making the request.
 Default – English
Rules on Receipt of Communication in ICA
The arbitral tribunal may order that any
Deemed received if in accordance with the
documentary evidence shall be accompanied by a
agreement with the parties. In default of such
translation into the language or languages agreed
rules, communication is deemed received:
upon by the parties or determined in accordance
with paragraph 1 of this section. (Sec 31) 1. If it is delivered to the addressee
personally or at his place of business,
What is the default procedure in appointing habitual residence or mailing address;
arbiters in ICA? 2. If there is none, if it is delivered by
 3 arbiter – each party shall appoint one; both registered letter or any other means which
appointed arbitrators shall appoint the 3rd. provide a record of the attempt to deliver
 Sole arbiter – shall be appointed by the it, to the last known place of business,
parties habitual residence or mailing address.
 The decision of the appointing authority on
this matter shall be immediately executory Waiver of the Right to Object in ICA
and shall not be subject to a motion for
reconsideration or appeal Merit based and procedurally driven
If there is disagreement in appointment In ICA, the ADR Rules and IRR expanded the
- The appointing authority shall determine application of waiver to include non-compliance
the arbitrator and such decision shall not with the rules or requirements.
be subject to reconsideration or appeal
Objections to non-compliance with the rules or
- File written statement setting forth the
any requirement under the arbitration agreement
reason of challenge to the arbitral tribunal
must be raised without undue delay or within the
within 15 days (ground apparent/
time prescribed for, failing which the right to
constitution)
object is deemed waived.
- If rejected by the arbitral tribunal, then
file the same to the appointing authority Rules of Procedure in ICA
within 30 days from rejection.
- If a party is not satisfied with the 1. Statement of claims
appointment, he may file a PETITION IN 2. Statement of defenses
COURT CHALLENGING THE APPOINTMENT 3. Default of the parties
OF ARBITRATORS

Default of Claimant- parties, provided that a reservation for
Termination of proceedings such hearing and quantification has been
Default of Respondent- Proceed made by the arbitral tribunal.
without failure being considered as an 3. Correction of typographical errors initiated
admission of the claimant’s allegations. by the party (within 30 days from receipt
4. Amendment of claims or defenses of award with notice to the other party) or
5. Hearing by the arbitral tribunal motu proprio
- Court assistance in taking evidence (within 30 days from date of award)
- Subpoena 4. Interpretation of the award
- Expert not favorable merely to the If the arbitral tribunal finds the request for
presenting party but called upon by correction or interpretation justified, it
the arbitral tribunal itself to shall make the correction or give the
provide assistance to the tribunal. interpretation within 30 days from receipt
6. Conclusion/ Closure- May be closed in 2 of the request, and the interpretation or
ways correction shall form part of the award.
a. By an award or settlement- must be in 5. Additional award- 30/60
writing signed by sole arbitrator or
majority of arbitrators provided that
the reason for the omitted signature,
the reasons upon which it is based An ICA award cannot be corrected by the courts.
unless the parties agree otherwise or Courts may only set them aside, extend
is an award in agreed terms, and the recognition to them, or refuse to recognize them.
date and place of arbitration are
Grounds for setting aside an ICA Award
stated, and a copy delivered to each
party. The petitioner furnishes proof that there was:
b. Termination- (i) the claimant
withdraws his claim unless respondent 1. Defect in the arbitration agreement
objects thereto (ii) the parties agree to because a party was under some
terminate the proceedings (iii) the incapacity or the said agreement is not
arbitral tribunal finds that the valid under the applicable law
continuation of the proceedings has 2. Violation of dues process because the
become unnecessary or impossible. petitioner was not given proper notice of
the appointment of an arbitrator or the
Costs in ICA arbitral proceedings, or was unable to
present his case
1. Fees of the arbitral tribunal
3. Lack or excess of jurisdiction on the part
2. Travel and other expenses
of the arbitral tribunal
3. Costs of expert advise
4. The arbitration agreement was violated
4. Travel and other expenses of witnesses
5. Costs for legal representation and Or the court finds that
assistance; and
6. Fees and expenses of appointing authority 1. The subject of the dispute is not capable
2. Costs shall be borne by the of settlement under Philippine laws
unsuccessful party unless 2. The award is in conflict with public policy
apportioned by the arbitral tribunal of the Philippines
in certain cases
 In case of as in convention awards, the
Correction and Interpretation of Awards applicant shall present proof of comity and
reciprocity between the Philippines and
Such becomes executory after the lapse of the
the non-convention state where the
period for its amendment. An arbitral award may
arbitral award is rendered.
be amended in the following manner:
 Any other ground shall be disregarded by
1. Agreement of the parties the court.
2. Quantification of the costs and
Time to file the petition to set aside
determination of the party liable therefor,
or the division therefor between the

3 months (a month is 30 days)from the An ICA award or a foreign arbitral award, when
date on which the party making that extended recognition by the RTC, shall be
application received the award, or from enforced in the same manner as final and
the date on which a request for correction, executory decisions of courts of law of the
interpretation, or additional award has Philippines.
been disposed of by the arbitral tribunal.
Which court has jurisdiction over
Differentiate Recognition, Confirmation and proceedings for recognition and
Enforcement enforcement of ICA and foreign arbitral
award, vacating or setting aside an ICA
Recognition Confirmatio Enforcement award, and any application with a court for
n arbitration assistance?
Means by which Judicial Execution and
Philippine courts affirmation of implementatio Regional Trial Court
give legal a domestic n of the
acknowledgeme arbitral foreign Where is the venue of such proceedings?
nt to a foreign award arbitral award
At the option of the applicant
arbitral award through
and confers For Domestic Philippine a.) Where the arbitration proceedings are
upon it the Arbitral Legal conducted
capability to be Awards since Processes. It b.) Where the asset to be attached or levied
enforced under there is no exists “when a upon, or the act to enjoined, is located (as
Philippine law need for plaintiff want in the case of real actions or actions quasi
through Philippine courts to in rem)
Philippine Legal courts to give positively c.) Where any of the parties to the dispute
Processes arbitral carry out and resides or has his place of business (as in
awards make effective the case of personal actions
For Foreign rendered in a in the d.) National Capital Judicial region
Arbitral Awards domestic Philippines a
and Philippine arbitration foreign What is the nature of Such proceedings?
ICA awards legal judgment.
[Special Rules of recognition  Special proceedings except on appeal
Court in ADR] under  Summary in nature- 1.e. hearings shall be
Philippine law conducted principally on the basis of the
apart from affidavits of the parties and their
mere witnesses.
confirmation.  In proceedings for the recognition and
enforcement of ICA and foreign arbitral
awards susceptible of recognition, the
What is a foreign arbitral award? court shall send notice to the parties at
their addresses of record in the
It one rendered in an arbitration whose seat is arbitration, or if any party cannot be
outside the Philippines. Hence an ICA award served with notice at such address, or if
rendered in an arbitral proceeding whose seat is any party cannot be served with notice at
outside the Philippines is essentially a foreign such address, at such party’s last known
arbitral award. address. The notice shall be sent at least
15 days before the date set for initial
What differentiates a Philippine ICA award
hearing.
and ordinary foreign arbitral award?
What are the requisites for the recognition
Philippine ICA is susceptible of vacation or setting
and enforcement of foreign judgments in
aside by a Philippine court but the award in a
the Philippines?
foreign ICA is not susceptible to such and can
only be recognized or refused recognition. 1. Proof of the foreign judgment
2. The judgment must be on a civil or
What is the effect of recognition to a
commercial matter
Foreign arbitral award?

3. There must be no lack of jurisdiction, no 2. Recognition One confirmed by recognition,
want of notice, no collusion, no fraud, no the foreign arbitral award shall be
clear mistake of law or fact enforced in the same manner as final and
4. The judgment must not contravene a executory decisions of the courts of law of
sound and established public policy of the the Philippines
forum 3. Consolidation/ concurrent hearings
5. The judgment must be res judicata in the 4. Rejection/ Suspension- The RTC upon a
state that rendered it subsequent application for rejection or
suspension of the enforcement of the
In recognizing foreign arbitral awards, are award, may vacate or suspend the
the following requisites applicable? enforcement of the court decision to
recognize the arbitral award and may
Not necessarily, the application of which depends also, on the application of the party
upon the nature of proceedings leading to the claiming recognition or enforcement, order
award Convention, non-convention or as-in the party seeking rejection or suspension
convention award. to provide appropriate security
Convention award Its recognition and
In case of an as-in convention award the
A foreign arbitral award enforcement shall be
court may remit the award to the arbitral
made in a state which governed by the New
tribunal if the objections raised may be
is a party to the New York Convention as
cured or rectified.
York Convention implemented by the
IRR
5. Appeals- appealed to the CA in
Non Convention It cannot be recognized
accordance with the special rules on ADR,
Award or enforced under the
which shall require the appealing party to
Foreign arbitral award ADR act of 2004 but it
post a counter-bond in favor of the
made in a state which may be deemed as a
prevailing party in the amount of the
is not a party to the presumptive evidence
award.
New york Convention of a right between the
parties in accordance Can the right to appeal be waived?
with Section 48 Rule 39
of the 1997 Rules of It can. The right to appeal may be validly waived
Procedure by the agreement or stipulation of the parties
As-in convention without prejudice to the judicial review by
award certiorari under Rule 65 of the Rules of Court.
One which is made in a
state which is not a
party to the NY
Convention but which
by reason of comity
and reciprocity may be
recognized as enforced
as if it is a convention
award
What is the procedure for the recognition

and enforcement of CONVENTION and AS-IN
CONVENTION awards?
1. Filing of an application- The party relying

upon an award or applying for its
enforcement shall file with the RTC the
original or duly authenticated copy of the
award and the original arbitration
agreement.

DOMESTIC ARBITRATION been submitted to it as provided by
Commonwealth Act Numbered One hundred and
three, as amended. (Sec 3)
What are the laws governing domestic
arbitration?
What is the Place or Venue of Arbitration of
domestic arbitration?
The Arbitration Law R.A. 876, The Model law (Art.
8, 10, 11, 12, 13, 4, 18, 19), ADR Act on ICA on
the provisions on: GR: Determined by the parties
 Sec 22 (Legal Representation in ICA) EXP: Metro Manila, unless the arbitral tribunal
 Sec 23 (Confidentiality of Arbitration shall decide on a different place taking into
Proceedings) account the circumstances of the case and the
 Sec 24 (Referral to Arbitration) convenience of the parties. (5.19 IRR)
 Sec 25 (Meaning of Appointing Authority)
 Sec 27 (What Functions May be performed What language shall be used?
by appointing authority)
 Sec 28 (Grant of Interim Measures) English or Filipino (5.21 IRR)
 Sec 29 (Further Authority for Arbitrator to
Grant Measures of Protection) Is the Rule on Confidentiality applicable in
 Sec 30 (Place of Arbitration) Domestic Arbitration?
 Sec 31 (Language of Arbitration)
 Sec 32 (Laws Governing Domestic The arbitration, proceedings, records, evidence,
Arbitration) arbitral award and other confidential information
 Sec 33 (Applicability of Domestic are privileged and shall not be published; except:
Arbitration) [i] with the consent of the parties [ii] For the
limited purpose of disclosing to the court relevant
IRR act and all other applicable rules to ICA documents where resort to the court is allowed.
which may be given suppletory application in the Rule is the same in ICA
absence of specific applicable provisions.
Rules on Receipt of Written Communications
w/ R.A. 876 The Arbitration Law
Rules on Receipt of written communication shall
When is arbitration Domestic? be governed by the agreement of the parties. In
default of such rules and absence of such
It is domestic if the components of parties’ agreement, written communications among the
places, business, place of arbitration, place of parties and the arbitrators shall be delivered
performance of a substantial part of the personally, by registered mail or courier service.
obligation, and place where the subject matter of Communication is deemed received:
dispute is most closely connected, are all located
1. If it is delivered to the addressee
in the Philippines.
personally or at his place of business,
habitual residence or mailing address;
What disputes are covered by Rules on 2. If there is none, if it is delivered by
Domestic Arbitration? registered letter or any other means which
provide a record of the attempt to deliver
Commercial and Non-Commercial disputes it, to the last known place of business,
provided they are susceptible of arbitration and habitual residence or mailing address.
do not fall within the exclusive original arbitral
jurisdiction or quasi-judicial agencies. To whom shall the written communications
of a party be addressed?
To what controversies and cases is this Act
not applicable? In consonance with prevailing Philippine
procedural laws, written communications and
pleadings intended for a party represented by
Those subject to the jurisdiction of the Court of
counsel should be addressed to his counsel
Industrial Relations (Now NLRC) or which have

What is the effect if a party fails to object to 4. Subscribed by the party sought to
the other party’s non-compliance with a be charged, or his lawful agent.
non-mandatory rule or any requirement (Sec 4)
under the arbitration agreements?
Who are disqualified to be parties to an
The same is considered as a waiver of objections arbitration agreement?
wherein a party is estopped from questioning
non-compliance or is deemed to have waived his  Infant
objection if he failed to raise the objection  Person judicially declared to be
without delay or within the time prescribed incompetent
therefor (30 days default) PROVIDED he knows 5. Unless with guardian or guardian
of such non-compliance. (5.3 IRR) ad litem (Sec 2)
Who may act as Legal representative in When may a party refer the case to
Domestic Arbitration? Domestic Arbitration?
A party may appear by himself or be represented If at least one party so requests not later that the
by any person of the parties choice. Must be a pre-trial conference, or upon the request of both
lawyer to appear as counsel in any Philippine parties thereafter, refer the parties to arbitration
court, or any other quasi-judicial body (5.41 [a] unless it finds that the arbitration agreement is
IRR) null and void, inoperative or incapable of being
performed. (Sec 24) The court’s jurisdiction is
What is the effect if any suit or proceeding stayed.
be brought upon an issue arising out of an
agreement provided for arbitration? What will happen to the arbitration
proceedings if the court proceedings are
Upon being satisfied that the issue involved in continued?
such suit or proceeding is referrable to
arbitration, shall stay the action or proceeding Even while the court proceedings are pending,
until an arbitration has been had in accordance the arbitration can proceed and an award can be
with the terms of the agreement: Provided, That made thereon.
the applicant, for the stay is not in default in
proceeding with such arbitration. (Sec 7) EXP: Issue involves the challenge to an
arbitrator. The elevation of the incident to a court
What are the two types of consent to suspends the arbitration.
arbitrate?
Who may be included in an arbitration
1. Pre-causal consent- The parties proceeding when the Court action is multi-
agree in a contract to settle by party, and one or more but not all of the
arbitration a controversy that will parties are parties to the arbitration
arise between them. agreement?
2. Present causal consent- such as
when the controversy already The court shall refer those who are parties to the
exists between the parties at the arbitration agreement to arbitration, and proceed
time of the submission to with the court action as to those who are not
arbitration. bound by the arbitration agreement.
What is the form of an arbitration The court however may issue an order directing
agreement? the inclusion in the arbitration parties who are
not initially bound provided that they do not
It must satisfy the essential requisites of a valid object to such.
contract. (Cargill V. San Fernando Regala
Trading). When shall the arbitral proceedings be
commenced?
3. It must be in writing

The commencement is determined by the prior  Third arbitrator shall be appointed by the
arbitration agreement between the parties 1st and 2nd arbitrator appointed by the
parties.
 In an institutional arbitration where there  Default in case the other party fails to
is no prior arbitration agreement – it is appoint or refuses to appoint: Appointed
commenced in accordance with the by the National President of the IBP
arbitration rules of the institutional  In case the national president of the IBP
arbitrator fails to appoint then resort to the courts
 In an ad hoc arbitration where there is may be had.
prior arbitration agreement – it is
commenced upon the delivery by the What are the Grounds for challenging an
claimant to the respondent of a demand appointment of an arbitrator?
for arbitration.
 In case of default- where there is no prior [i] Circumstances exists that give rise to
arbitration agreement the same is justifiable doubt as to his impartiality or
reckoned from the date when the other independence
party agreed to submit the dispute to
arbitration. [ii] He does not possess the qualifications
provided for under the law or agreed to by the
What are the Qualifications of Arbitrators? parties
An Arbitrator must be: [iii] He is disqualified to act as an arbitrator
 Legal Age [iv] He refuses to respond to questions by a

 Full Enjoyment of his civil rights party regarding the nature and extent of his
 Know how to read and write professional delings with a party or his counsel
What are the grounds for disqualification of How may the appointment of arbitrators be
arbitrators? challenged?
 No person appointed to serve as an The arbitrators may be challenged only for the
arbitrator shall be related by blood or reasons mentioned in the preceding section
marriage within the sixth degree to either [Grounds] which may have arisen after the
party to the controversy. arbitration agreement or were unknown at the
 No person shall serve as an arbitrator in time of arbitration.
any proceeding if he has or has had
financial, fiduciary or other interest in the The challenge shall be made before the arbitrator
controversy or cause to be decided or in within 15 days after becoming aware of the
the result of the proceeding, or has any constitution of the arbitral tribunal or after
personal bias, which might prejudice the becoming aware of any circumstance that can be
right of any party to a fair and impartial a ground to challenge. The challenged arbitrator
award. may either accept the challenge and withdraw or
 No party shall select as an arbitrator any reject the same
person to act as his champion or to
advocate his cause. (5.10 [a] IRR)
If they do not yield to the challenge, the
challenging party may renew the challenge
How are arbitrators appointed? before the arbitral tribunal within 30 days after
having received notice of the decision rejecting
 Parties free to agree procedure for the challenge.
appointment except when the same gives
undue advantage to one party such as If the Challenge is once again unsuccessful or
when that agreement allows one party to there is inaction of the arbitral tribunal, the same
choose more arbitrators. challenge can be brought before the appointing
 1 by each party authority.

fter which the Court of First Instance of the 3. Amendment of claims or defenses
province or city in which the challenged 4. Hearing and written proceedings
arbitrator, or, any of them, if there be more than a. Pre Hearing Conference- within 30
one, resides. While the challenging incident is days form the appointment of an
discussed before the court, the hearing or arbitrator or the constitution of an
arbitration shall be suspended, and it shall be arbitral tribunal during which they
continued immediately after the court has shall discuss the venue of arbitration;
delivered an order on the challenging incident. manner of recording; period of
(Sec 11) (5.12 IRR) communication of the statement of
claims, and answer, and answer to
When will the mandate of an arbitrator counterclaims, and the form and
terminate? contents thereof; manner of offering
evidence; etc.
[i] Successful Challenge 4. Possibility of compromise not
among those that the parties and
arbitral tribunal are required to
[ii] Failure or impossibility to act. When an
discuss.
arbitrator becomes de jure or de facto unable to
b. Threshold issues- such issues shall
perform his/her functions or for other reasons fail
be discussed if the parties so request,
to act without undue delay, his/her mandate
unless the issues are intertwined with
terminates if he/ she withdraws from office or
factual issues that they cannot be
both parties agree to its termination
resolved ahead of the hearing on the
merits.
In order to facilitate the voluntary withdrawal of c. Hearing dates and postponements-
an arbitrator, the withdrawal will not carry with it arbitral tribunal, in consultation with
the implication that the arbitrator involved the parties, shall fix the date and time
accepted the existence or veracity of the ground of the hearings. Hearings can only be
for his termination. postponed if the arbitrators conform.
d. Default of the party-
 Substitute arbitrator shall thereafter be Default of Claimant- Termination of
appointed in accordance with the rule on proceedings
appointment Default of Respondent- Proceed
without failure being considered as an
What is the default procedure in Domestic admission of the claimant’s allegations.
Arbitration? e. Decision on interlocutory matters-
shall be made by the sole arbitrator or
1. Demand to arbitrate; Send copy of majority of the arbitrators.
document containing the arbitration f. Consolidation on concurrent
agreement to the other party; They could hearings- parties may agree to
also forward their arbitrator nominee consolidate the arbitration proceedings
 The designated arbitrator, appointing with the other arbitration proceedings
authority or arbitral institution shall be or hold concurrent hearings
furnished with a copy. g. Closure of hearing- After the hearing
2. The other party shall send their Reply on is closed, no further motion,
their agreement to arbitrate, as well as manifestation or submission may be
their nominee arbitrator. allowed except for post-hearing briefs
3. The two parties must agree to the 3rd and reply briefs, unless the arbitral
arbitrator or agree to the sole arbitrator. tribunal, motu proprio or upon the
The arbitral proceedings shall commence request of a party, allows the re-
upon the completion of appointments of opening of the hearing.
the arbitral tribunal 5. Rules on taking evidence
a. Testimonial evidence
ARBITRAL PROCEEDINGS b. Documentary evidence
c. Subpoena
1. Statement of claims d. Expert witnesses- In the case of
2. Statement of defenses domestic arbitration, it is provided

that, upon the agreement of the
parties, the finding of the expert Grounds for Interim Measure?
engaged by the arbitral tribunal shall
be binding upon them and the arbitral (i) to prevent irreparable loss or injury:
tribunal
e. Court assistance in taking (ii) to provide security for the performance of any
evidence obligation;
6. Decision- The arbitral tribunal shall
render its written award within 30 days
(iii) to produce or preserve any evidence; or
after the closing of hearings, the
submission of the parties’ respective
briefs, or the declaration by the arbitral (iv) to compel any other appropriate act or
tribunal that the proceedings have been omission. (Sec 28)
closed. This period may be extended by
the parties What are the kinds of Interim Measures?
7. Conclusion/ Closure- May be closed in 2
ways 1. Preliminary Injunction directed against
a. By an award or settlement- must a party to arbitration
be in writing signed by sole arbitrator 2. Preliminary attachment against
or majority of arbitrators provided that property or garnishment of funds in
the reason for the omitted signature, the custody of a bank or third person
the reasons upon which it is based 3. Detention, preservation, delivery or
unless the parties agree otherwise or inspection of property
is an award in agreed terms, and the 4. Assistance in the enforcement of an
date and place of arbitration are interim measure of protection granted
stated, and a copy delivered to each by the arbitral tribunal, which the
party. latter cannot enforce effectively.
b. Termination-
(i) the claimant withdraws his How is the provisional relief or interim
claim unless respondent objects measure requested?
thereto
(ii) the parties agree to terminate Interim or provisional relief is requested by
the proceedings written application transmitted by reasonable
(iii) The arbitral tribunal finds that means to the Court or arbitral tribunal as the
the continuation of the case may be and the party against whom the
proceedings has become relief is sought, describing in appropriate detail
unnecessary or impossible. the precise relief, the party against whom the
(iv) Non-payment of the required relief is requested, the grounds for the relief, and
deposits in full. evidence supporting the request.
(Sec 28)
Which court may grant Interim Measures of
Protection in Domestic Arbitration? What is the consequence if a party refuses
 Before constitution of the tribunal, to comply with the order on the interim
from a Court an interim measure of measure?
protection and for the Court to grant such
measure. The party shall be liable for damages resulting
 After constitution of the arbitral from non-compliance, including all expenses and
tribunal and during arbitral reasonable atty’s fees paid in obtaining judicial
proceedings, a request for an interim enforcement
measure of protection or modification
thereof, may be made with the arbitral
Arbitration under a contract or submission
tribunal or to the extent that the arbitral
shall be deemed a special proceeding, of
tribunal has no power to act or is unable
which the court specified in the contract or
to act effectively, the request may be
submission, or if none be specified. Which
made with the Court.
court has jurisdiction over such proceeding?
(Sec 28)

CFI for the province or city in which one of the 5. Correction of typographical error initiated
parties resides or is doing business, or in which by the arbitral tribunal
the arbitration was held, shall have jurisdiction. 6. Interpretation of the award
Any application to the court, or a judge thereof, 7. Additional award
hereunder shall be made in manner provided for
the making and hearing of motions, except as What are the Grounds for modifying or
otherwise herein expressly provided. (Sec 22) correcting an award BY THE COURT? (30
days upon receipt of the award)
How is a domestic arbitral award
confirmed? (a) Where there was an evident
miscalculation of figures, or an evident
 Filing a motion for confirmation and mistake in the description of any person,
securing an entry of judgment from the thing or property referred to in the award;
court. or
 When: One month after the award is
made (b) Where the arbitrators have awarded
 Who: Any party to the controversy which upon a matter not submitted to them, not
was arbitrated may apply to the court affecting the merits of the decision upon
having jurisdiction. the matter submitted; or
 Thereupon the court must grant such
order unless the award is vacated, (c) Where the award is imperfect in a
modified or corrected, as prescribed matter of form not affecting the merits of
herein. the controversy, and if it had been a
 Notice of such motion must be served commissioner's report, the defect could
upon the adverse party or his attorney as have been amended or disregarded by the
prescribed by law for the service of such court.
notice upon an attorney in action in the
same court. (Sec 23)
 [d] The order may modify and correct the
award so as to effect the intent thereof
May the arbitral tribunal amend or modify and promote justice between the parties.
the arbitral award?
What are the Grounds for Setting aside or
Generally, it cannot “No motion for Vacating an Award THROUGH COURTS?
reconsideration, correction and interpretation of (Petition to Vacate)
award or additional award shall be filed with the
arbitral tribunal”
(a) The award was procured by
corruption, fraud, or other undue means;
This is premised upon the principle that when the or
arbitral tribunal renders its final award, it loses
jurisdiction over the dispute and the parties to
(b) That there was evident partiality or
the arbitration.
corruption in the arbitrators or any of
them; or
Exceptions?
(c) That the arbitrators were guilty of
Amendment or modification of the arbitral award misconduct in refusing to postpone the
by the arbitral tribunal is allowed in the following hearing upon sufficient cause shown, or in
instances. refusing to hear evidence pertinent and
material to the controversy; that one or
1. Under the arbitration agreement more of the arbitrators was disqualified to
2. Failure to resolve an issue act as such under section nine hereof, and
3. Quantification of costs wilfully refrained from disclosing such
4. Correction of typographical and similar disqualifications or of any other
errors initiated by a party within 30 days misbehavior by which the rights of any
from receipt thereof party have been materially prejudiced; or

(d) That the arbitrators exceeded their CONSTRUCTION DISPUTES
powers, or so imperfectly executed them,
that a mutual, final and definite award What law governs Arbitration Of
upon the subject matter submitted to Construction Disputes? Who has exclusive
them was not made. Jurisdiction over such disputes?
*Grounds are limited to the above Executive Order No. 1008, otherwise known as
enumerated and exclusive the Constitution Industry Arbitration Law. (Sec
34) Construction disputes which fall within the
(Sec 24) original and exclusive jurisdiction of the
Construction Industry Arbitration Commission
(the "Commission") shall include those between
What is the effect if the award is vacated?
or among parties to, or who are otherwise bound
by, an arbitration agreement, directly or by
The court, in its discretion, may direct a new reference whether such parties are project
hearing either before the same arbitrators or owner, contractor, subcontractor, quantity
before a new arbitrator or arbitrators to be surveyor, bondsman or issuer of an insurance
chosen in the manner provided in the submission policy in a construction project. (Sec 35)
or contract for the selection of the original
arbitrator or arbitrators, and any provision What are the requisites before Appointment
limiting the time in which the arbitrators may of a Foreign Arbitrator by the CIAC can be
make a decision shall be deemed applicable to made?
the new arbitration and to commence from the
date of the court's order. (Sec 24)
(a) the dispute is a construction dispute in which
one party is an international party
Does the pendency of arbitral proceedings
foreclose resort ot the courts for provisional
(b) the person to be appointed agreed to abide
reliefs?
by the arbitration rules and policies of CIAC;
No. The parties are still allowed to avail of interim
(c) he/she is either co- arbitrator upon the
measures or provisional remedies.
nomination of the international party; or he/she
is the common choice of the two CIAC-accredited
May the award be appealed? arbitrators first appointed one of whom was
nominated by the international party; and
An appeal may be taken from an order made in a
proceeding under this Act, or from a judgment (d) the foreign arbitrator shall be of different
entered upon an award through certiorari nationality from the international party.
proceedings, but such appeals shall be limited to
questions of law. The proceedings upon such an
(Sec 37)
appeal, including the judgment thereon shall be
governed by the Rules of Court in so far as they
are applicable. (Sec 29) A construction dispute is filed before the
RTC, the latter, prior to the pre-trial
conference, dismissed the case upon
 ORDINARY APPEAL RULE 41
knowing that the parties had entered into
an arbitration to be conducted by the CIAC.
May court intervention be sought during Was the dismissal proper?
arbitral proceedings?
Yes, however, the parties, assisted by their
Resort to court intervention from a domestic respective counsel, may submit to the regional
arbitral award may be had through Sec 24 of R.A. trial court a written agreement exclusive for the
876 to vacate the arbitral award, a petition for Court, rather than the CIAC, to resolve the
review under rule 43 and a petition for Certiorari dispute. (Sec 39)
under Rule 65. (ABS- CBN v. WINS)

E.O. 1008 contracts involving construction in the
Philippines?
What is a construction dispute?
Construction Industry Arbitration Commission
Those between or among parties to, or who are (CIAC) which is an agency under the
otherwise bound by an arbitration agreement, Construction Industry Authority of the Philippines
directly or by reference, whether such parties are and is administratively attached to the DTI. It
project owner, contractor, subcontractor, consists of a chairman and 2 members.
fabricator, project manager, design professional,
consultant, quantity surveyor, bonds-man or What are the functions of the CIAC?
issuer of an insurance policy in a construction
1. To formulate and adopt an arbitration
project and even if the arbitration is commercial
program for the construction industry
in character (Sec 2.2 CIAC Revised Rules)
2. To enunciate policies and prescribe rules
What does Construction refer to? and procedures for construction
arbitration
All on-site works on buildings or altering 3. To supervise the arbitration program and
structures from land clearance through exercise such authority related thereto as
completion including excavation, erection and regards the appointment, replacement or
assembly and installation of components and challenging of arbitrators
equipment. (Fort Bonifacio Development Corp v. 4. To direct its officers and employees to
Sorongon) perform such functions as may be
assigned to them fro time to time. (Sec 6
What should the RTC do when presented E.O. 1008)
with a construction dispute for resolution
upon being aware that the parties had What is the extent of CIAC’s Jurisdiction?
entered into an arbitration agreement?
The CIAC shall have original and exclusive
Motu proprio or upon motion made not later than jurisdiction over disputes arising from, or
the pre-trial, the court should not only dismiss connected with contracts entered into by parties
the case, but also to refer the parties to involve in construction in the Philippines, whether
arbitration by the CIAC, unless all the parties to the dispute arises before or after the completion
the arbitration, assisted by their respective of the contract, or after the abandonment or
counsels, submit to the court a written breach thereof. These disputes may involve
agreement making the court the body that will government or private contracts. (Sec 4 E.O.
resolve the dispute. 1008)
How can a party request for the dismissal of Give Examples of matters that are under the
the action and the referral to the CIAC for jurisdiction of the CIAC?
arbitration?
1.) Violation of specification of materials and
A party may do so by filing a verified motion that worksmanship,
shall be made through a verified motion that 2.) violation of the terms of agreement
shall 3.) interpretation and/or application of
contractual provisions
[i] contain a statement showing that the dispute 4.) Amounts of damages and penalties
is a construction dispute 5.) Commencement time and delays
6.) Maintenance and defects
[ii] be accompanied by proof of the existence of 7.) Payment default of employer or contractor
the arbitration agreement unless it is already part 8.) Change in construction costs
of the records of the case
Can the parties limit the jurisdiction of the
[iii] Contain a notice of hearing CIAC through agreement?
(Rule 17.2 Special ADR Rules) NO The CIAC’s jurisdiction cannot be limited by
the parties stipulation. The jurisdiction of the
Which quasi-judicial agency has the courts and quasi-judicial bodies is determined by
jurisdiction to resolve disputes from the constitution and law. The parties can neither

expand nor diminish a tribunal’s jurisdiction by are generally accorded great respect, if not
stipulation or agreement. (B.F. Homes et.al. v. finality by the courts.
Manila Electric Company)
Will the refusal of a party to participate in
X entered into an arbitration agreement the proceedings prevent the CIAC from
with Y prior to the construction of the proceeding with the case?
Market stalls of the latter. X defaulted in its
obligation and moved for the submission of NO. Where the jurisdiction of the CIAC is properly
such dispute to CIAC. Y contends that CIAC invoked by the filing of request for arbitration in
has yet to be vested jurisdiction since X accordance with the CIAC rules, the failure of the
failed to follow the condition precedent respondent to appear, which amounts to refusal
stated in their contract [to notify all parties to arbitrate, will not stay the proceedings,
of its decision to submit to arbitration the notwithstanding the absence of the respondent or
dispute]. Is the contention of Y correct? the lack of participation of such party. In such
cases, the CIAC is mandated to appoint the
Y’s contention is wrong. CIAC has jurisdiction arbitrators in accordance with the Rules, and the
over the dispute. The mere existence of a arbitrator proceedings shall continue. The award
arbitration clause in the construction contract is shall then be made after receiving the evidence
considered by law as an agreement by the of the claimant. (Sec 4.2 CIAC Rules)
parties to submit existing or future controversies
between them to the CIAC jurisdiction, without Rules of Procedure in CIAC
any qualification or condition precedent. A
condition precedent in the construction contract, 1. Complainant/ request for arbitration
which would effectively suspend the jurisdiction  The initiatory pleading is a complaint
of the CIAC until compliance therewith, would be or request for arbitration which must
contrary to the intention of the law to be filed with the Secretariat of the
automatically vests CIAC of jurisdiction. CIAC. The complaint or request for
arbitration must allege the existence of
What disputes are excluded from the the arbitration agreement or
Jurisdiction of the CIAC? subsequent submission, a copy of
which should be attached to the
a.) Employer employee relationship under complaint or request.
Labor Code 2. Answer
b.) Claim for moral damages, exemplary  Secretariat shall transmit to the
damages, opportunity or business losses respondent a request for its answer
in addition to liquidated damages, and and the latter has 15 days for which to
attorney’s fees, which are non- arbitrable, comply.
unless the parties mutually agree to  Respondent shall inform CIAC on his
submit these issues for arbitration and to willingness to have the dispute
abide by the decision of the arbitrator resolved by arbitration. In the absence
thereon. of previous agreement to arbitrate and
submission of respondent the CIAC will
When does CIAC acquire jurisdiction over dismiss the complaint without
the dispute? prejudice.
 However if CIAC already acquires
a.) When the parties are bound by an jurisdiction, the non-participation of
arbitration agreement in their contract the respondent shall not stay the
b.) When parties subsequently agree to proceedings.
submit the same to voluntary arbitration  If, before the award, the respondent
appears and offers to present his
Can the ordinary courts resolve a
evidence, the arbitral tribunal for
construction dispute over which jurisdiction
justifiable reasons, reopen the
has been lodged with the CIAC?
proceedings.
NO. The doctrine of primary jurisdiction applies 3. Reply
wherein the CIAC by reason of their special 15 days from the date of receipt of the
knowledge, experience, and services to answer with counterclaim
determine technical and intricate matters of fact 4. Appointment and acceptance of arbitrators

- Same as domestic arbitration sheriff or proper officer to execute said
5. Challenge of Arbitrators decision or final award.
- Almost* Same as domestic arbitration  If on appeal execution may be stayed
(Sec 9.6 CIAC Revised Rules) upon approval of arbitral tribunal and
6. Preliminary Conference and terms of concurrence of CIAC. As well as by
reference posting a bond.
 Similar to pre-trial
 Not later than 15 days from As a rule, the jurisdiction of the arbitral
appointment of arbitrators tribunal is terminated upon the finality of
 Matters considered the decision, or der of the award. What are
a. Possibility of Amicable Settlement the exceptions to such rule?
b. Necessity or desirability for
amendment to pleadings a.) Timely motion for correction has been
c. Obtaining stipulations or filed
admissions of facts and/or b.) The arbitral tribunal’s jurisdiction to
documents to avoid unnecessary exercise executory powers.
proof
How may a CIAC decision be appealed?
d. Limitation of the number of
witnesses A petition for review from a final award of the
e. Suggested formulation of issues by CIAC may be taken by any of the parties to the
the parties CA within 15 days from receipt thereof in
f. Application for interim relief, accordance with Rule 43. This petition is based
appointment of experts and on errors of fact, law, or mixed fact and law.
necessity of site inspection
g. Such other matters as may aid the Will the filing of a petition for review under
just and speed disposition of the Rule 43 preclude the filing of a petition for
case certiorari under Rule 65?
 Term of reference- similar to a pre-
trial order and controls the Yes
proceedings unless corrected for
manifest errors by a motion filed not Will the petition stay the execution of the
later than the hearing date. final award?
7. Arbitration Proceedings
Yes it will. Unless the CA issues a temporary
 Draft decision or final memorandum- if
restraining order and/or writ of preliminary
any or both parties so desire, they
injunction or through posting of a bond equal to
may submit not later than 10 calendar
the award.
days from the termination of the
hearing, their draft decision of final As a rule, the courts must sustain the
memorandum of arguments factual findings of the CIAC and the
8. Award decisions of the latter are accorded with
 Rendered within 30 days from the time respect and finality. What are the
the case is submitted for resolution but exceptions to this rule?
not more than 6 months from the date
of signing of the TOR, or in the 1. The award was procured by corruption,
absence of TOR, not more than 6 fraud, or other due means
months from the date of the last 2. There was evident partiality or corruption
preliminary conference called for the of the arbitrators or any of them
purpose of finalizing or signing the 3. The arbitrators were guilty of misconduct
TOR. in refusing to hear evidence pertinent and
 No extension unless approved by CIAC material to the controversy
9. Execution of the Award 4. One of the arbitrators were disqualified ad
 Motu proprio or upon motion for the willfully refrained from disclosing such
prevailing party, issue a writ of disqualification.
execution of a final and executor 5. The arbitrators exceeded their powers or
decision, order or award requiring any so imperfectly executed them that a

mutual, final and definitive award upon JUDICIAL REVIEW OF ARBITRAL AWARDS
the subject matter to them was not made
6. Grave abuse of discretion Who confirms a domestic award?
7. When the finding of facts of the CA are
contrarY to those of the CIAC The confirmation of a domestic award shall be
8. When the party is deprived of made by the regional trial court in accordance
administrative due process with the Rules of Procedure to be promulgated by
the Supreme Court.
A CIAC arbitral award need not be confirmed by

the regional trial court to be executory as
provided under E.O. No. 1008.
(Sec 40)
How is a foreign arbitral award recognized

and enforced?
If covered by the New York Convention:
 Governed by the New York Convention.

 Shall be filled with RTC in accordance with
the rules of procedure to be promulgated
by the Supreme Court.
 Said procedural rules shall provide that
the party file with the court the original or
authenticated copy of the award and the
arbitration agreement.
 If the award or agreement is not made in
any of the official languages, the party
shall supply a duly certified translation
thereof into any of such languages.
 The applicant shall establish that the
country in which foreign arbitration award
was made is a party to the New York
Convention.
(Sec 42)
If not covered by the New York Convention:
The recognition and enforcement of foreign

arbitral awards not covered by the New York
Convention shall be done in accordance with
procedural rules to be promulgated by the
Supreme Court. The Court may, grounds of
comity and reciprocity, recognize and enforce a
non-convention award as a convention award.
(Sec 43)
Is a foreign arbitral award when confirmed

by a court of a foreign country, be
recognized and enforced as a foreign
arbitral award and not a judgment of a
foreign court?
No. (Sec 44) accordance with the rules to be promulgated by
the Supreme Court. (Sec 46)
Grounds to Reject a foreign Arbitral Award?
Where and how shall the proceedings for
(a) The parties to the agreement referred to in recognition and enforcement of an
article II were, under the law applicable to them, arbitration agreement or for vacation,
under some incapacity, or the said agreement is setting aside, correction or modification of
not valid under the law to which the parties have an arbitral award, and any application with
subjected it or, failing any indication thereon, a court for arbitration assistance and
under the law of the country where the award supervision as special proceedings and shall
was made; or be filled?
(b) The party against whom the award is invoked With the RTC:
was not given proper notice of the appointment
of the arbitrator or of the arbitration proceedings (ii) where arbitration proceedings
or was otherwise unable to present his case; or are conducted;
(iii) where the asset to be attached
(c) The award deals with a difference not or levied upon, or the act to be
contemplated by or not falling within the terms of enjoined is located;
the submission to arbitration, or it contains (iv) where any of the parties to the
decisions on matters beyond the scope of the dispute resides or has his place
submission to arbitration, provided that, if the of business; or (iv) in the
decisions on matters submitted to arbitration can National Judicial Capital Region,
be separated from those not so submitted, that at the option of the applicant.
part of the award which contains decisions on
matters submitted to arbitration may be (Sec 47)
recognized and enforced; or
 The Court shall send notice to the parties
(d) The composition of the arbitral authority or
at their address of record in the
the arbitral procedure was not in accordance with
arbitration, or if any party cannot be
the agreement of the parties, or, failing such
served notice at such address, at such
agreement, was not in accordance with the law of
party's last known address.
the country where the arbitration took place; or
 The notice shall be sent at least fifteen
(15) days before the date set for the
(e) The award has not yet become binding on the
initial hearing of the application.
parties, or has been set aside or suspended by a
competent authority of the country in which, or
under the law of which, that award was made.
(Article V New York Convention)
How may a decision of the regional trial court

confirming, vacating, setting aside, modifying or
correcting an arbitral award be appealed?
It may be appealed to the Court of Appeals in

accordance with the rules of procedure to be
promulgated by the Supreme Court.
The losing party who appeals from the judgment

of the court confirming an arbitral award shall
required by the appealant court to post
counterbond executed in favor of the prevailing
party equal to the amount of the award in

KATARUNGANG PAMBARANGAY What is the rule if majority of the
inhabitants are members of indigenous
What is its purpose? cultural communities?
To prevent litigation and to declog courts from Local systems of settling disputes through their
cases councils of datus and elders shall be recognized
without prejudice to applicable provisions of this
What is the Composition of the Lupon code.
Tagapamayapa?
What are the ways for termination of
The Punong Barangay; 10 to 20 members appointment?
What are the qualifications before a person a.) Resignation

can be a part of the lupon? b.) Transfer of Residence or place of work
c.) Withdrawal of appointment of Punong
barangay w/ concurrence of majority of all
a.) Must be a person working or residing in
the members of the lupon
the barangay
b.) Not expressly disqualified by law
c.) Possesses integrity, impartiality, How are vacancies filled?
independence of mind or sense of fairness
and reputation for probity may be The Punong Barangay shall immediately appoint
appointed as member of lupon. others who are qualified. The same shall serve
only the unexpired portion of the filled term.
What is the procedure in creating the
Lupon? How long is the term of office of the lupon?
a.) NOTICE TO CONSTITUTE LUPON 3 years
- Include names of proposed members What are the functions of the Lupon?
- Within 15 days from start of office of
the Punong Barangay a.) Exercise administrative supervision over
- Made by Punong Barangay conciliation panels provided herein
- Posted in 3 conspicuous places b.) Meet regularly once a month to provide a
continuously in not less than 3 weeks forum for exchange of ideas among its
members and the public on matters
b.) OPPOSITION AND APPOINTMENT relevant to the ammicble settlement of
disputes, and to enable various
- Within 10 days after posting conciliation panel members to share with
- Punong Barangay shall appoint one another their observation and
- Appointment shall be experiences in effecting speedy dissolution
of disputes
c.) Exercise such other powers and perform
 in writing
such other duties and functions as may be
 Signed by the Punong Barangay
prescribed by law.
 Attested to by the Barangay
Secretary
Who shall serve as the secretary of the
Lupon? What are its roles?
c.) POSTING OF APPOINTED MEMBERS
The Barangay Secretary shall serve as the

- 3 conspicuous places
secretary of the lupon. The following are its
- For the entire duration of his term or
duties:
office
a.) Record results of mediation proceedings

d.) OATH- each lupon shall take an oath of
office before the punong barangay

b.) Submit report settlement or arbitration a.) When one party is the government or any
award to municipal courts of such records subdivision or instrumentality thereof
5 days from date of award or the lapse of b.) Where one party is a public officer or
10 days period to repudiate settlement. employee and dispute relates to the
performance of his official functions
How many members are there in pangkat ng c.) Offenses punishable by imprisonment
tagapagsundo? Chosen by? exceeding 1 year or a fine exceeding 5000
pesos
3 members chosen by the parties to the dispute d.) Offenses where there is no private
from the list of members to the lupon. Otherwise, offended party
lots are drawn in case of dispute by lupon e.) When the dispute involve real properties
chairman. Among the 3 thye would elect among located in different cities or municipalities
themselves the chairman and secretary. unless the parties agree to submit their
differences to amicable settlement by an
appropriate lupon.
Is the record of the lupon confidential?
f.) Disputes involving parties who actually
reside in the barangays of different cities
The lupon secretary shall issue certified true or municipalities EXCEPT where such
copies of any public record in his custody that is barangay units adjoin each other and
not by law otherwise declared confidential. parties thereto agree to submit their
difference in amicable settlement
Who chooses replacements in case of g.) Other cases which the president may
vacancies of the pangkat? determine in the interest of justice or
upon recommendation of the Secretary of
It chosen by the parties to the dispute from Justice.
among other lupon members. If they fail to
agree, lots shall be drawn. Courts in which non-criminal cases not falling
within authority of the luponor filed may at any
Are Lupon Members during their term time before trial motu proprio refer the case to
considered as Persons in Authority? the lupon concerned for amicable settlement
Yes Who may initiate proceedings?
Are such persons entitled to compensation? Any individual upon appropriate payment of filing
fee, any individual who has a cause of action
They serve without compensation except for against another individual involving any matter
incentives. within the authority of the lupon may complain
orally or in writing to the lupon chariman of the
Can the private or public employer of lupon barangay until the following working day.
member deduct compensation for the time
the lupon member is performing his duties? What is the procedure for amicable
settlement?
While in the performance of their duties, the
lupon or pangkat members, whether in public or 1.) Submission of Complaint
private employment shall be deemed on official
time and shall not suffer from any diminution in - Orally or in writing
compensation or allowance from said
employment by reason thereof. 2.) Mediation by lupon Chairman
Provincial city legal officer may give legal advice - If he fails in his mediation effort within
on matters involving questions of law. 15 days from the 1st meeting of the
parties before him he shall forthwith
What are the exceptions or those that set a date for the constitution of the
cannot be a subject of amicable settlement? pangkat in accordance with the
provision of such chapter.

- Summon respondent  Certification to file action issued by
- Notice to complainant and their the lupon or pangkat secretary
witnesses
Interruption must not exceed 60 days upon filing
3.) Hearing by the pangkat of complaint with the punong barangay
- Pangkat shall convene not later than 3 What is the form of amicable settlement?
days from its constitution, on the day
and hour set by the lupon chairman- - In writing
hear, simplify issues, explore - In a language or dialect know to the
possibilities of amicable settlement. parties
- Signed by the parties
 May issue summons of personal - Attested to by the lupon chairman or
appearance of parties and the pangkat chairman as the case may
witnesses before it be
What are grounds for disqualification of the Is conciliation a precondition to filing of

members of a pangkat? complaint in court?
- Relationship No complaint petition, action or proceedings

- Bias involving any matter within the authority of the
- Interest lupon shall be filed or instituted in court or ny
- Other similar grounds other government office for adjudication. UNLESS
there has been confrontation between the parties
 Discovered after the constitution of before the lupon chairman or the pangkat and no
the pangkat conciliation or settlement has been reached as
certified by the lupon secretary or pangakt
How will the matter for disqualification be secretary as attested by the lupon or pangkat
resolved? chairman/ settlement has been repudiated.
Affirmative vote of majority of the members of When may the parties go directly to the
the pangkat whose decision shall be final court even without undergoing conciliation
proceedings?
What is the period for which the pangkat
must arrive at a settlement or resolution of 1.) Where the accused is under detention
dispute? 2.) Where a person has otherwise been
deprived or personal liberty calling for
habeas corpus proceedings
Within 15 days from the day it convenes which is
3.) Where actions are coupled with
extendible for 15 days or more for meritorious
provisional remedies such as prelim
cases.
injunction, attachment delivery of
personal property and
Are the prescriptive period of offenses 4.) Where the action may be otherwise barred
suspended during mediation conciliation by statute of limitations
and arbitration proceedings?
Customs and traditions of indigenous cultural
Yes, prescriptive period for such offenses and communities shall be applied in settling disputes
cause of action under existing laws shall be between members of cultural communities.
interrupted upon filing the complaint with the
punong barangay Sec 40 (c)
 Substantial compliance may be
considered
When will such prescriptive period resume?
Is the referral of the lupon jurisdictional?
 Upon receipt of complainant of
certification of repudiation.

Prior to referral to lupon jurisdictional thus it can When previously ordered by the court shall be
be waived as when there is no motion to dismiss submitted to the court and upon approval
that has been filed of when there is failure to thereof, have the force and effect of judgment of
appear before the punong barangay. said court.
ARBITRATION- parties may at any stage of the Who enforces amicable settlement of
proceedings, agree in writing that they shall arbitration award?
abide by the arbitral award of the lupon chairman
or pangkat. Motion for Execution
When may the agreement to arbitrate be  6 months from date of settlement-

repudiated? Lupon
 After 6 months from date of
5 days from time they agree to the arbitral award settlement- enforced by action in
appropriate city or municipal court
When must the arbitration award be made? in appropriate city or municipal
court
After the lapse of the period to repudiate and  Petition for the enforcement of
within 10 days thereafter. Compromise Award
Are the arbitration proceedings open to the How to Repudiate?

public?
Any party to a dispute may within 10 days from
All proceedings shall be in public and informal. the date of settlement repudiate the same by
Exceptions: filing with lupon chairman – a statement to that
effect sworn to before him.
 The lupon chairman or pangkat
chairman may motu proprio orupon What are the grounds to Repudiate?
request exclude the public from the
procedure Consent vitiated by Fraud, Violence or
 Reasons: Interest, privacy, intimidation
decency or public morals
If repudiation is successful?
Must the parties appear in person?
There shall be an issuance of the Certification of
Yes, Parties must appear in person without filing of the complaint
assistance of counsel or representative EXCEPT
for minors and incompetents who may be Who has the power to administer oaths?
assisted by their next of kin who are not lawyers
because the purpose is to prevent litigation. The punong barangay or chairman of the lupong
tagapamayapa or members of the pangkat.
What is the effect of amicable settlement or
arbitration award?
Force and effect of final judgment in court upon

expiration of 10 days from date thereon
UNLESS
1.) Repudiation of settlement made

2.) Petition to nullify award has been filed
before proper city or municipal court.
EXCEPTION

CASES: judges the discretion to dismiss and action for
failure of plaintiff to appear in mediation
1. BF CORPORATION V. CA proceedings.
The formal requisites of an agreement to The Trial court was erroneously dismissed. The
arbitrate are the following: (a) It must be in notice of mediation sent to respondent
Writing (b) It must be subscribed by the parties Samsung’s original counsel was ineffectual as the
or their representatives. same was sent at the time when such counsel
had already validly withdrawn its representation.
Petitioners contention that there was no Thus the absence of respondent Samsung during
arbitration clause because the contract the scheduled mediation conference was
incorporating said provision is part of a hodge- excusable and justified.
podge document is untenable. A contract, such
as an arbitration agreement, need not be 4. LM POWER ENGINEERING
contained in a single writing. It may be collected CORPORATON V. CAPITOL
from several different writing, which do not INDUSTRIAL CONSTRUCTION GROUP
conflict with each other and which when
connected show the parties, subject matter, There is no more need to file a request with the
terms and conditions. CIAC in order to vest it with jurisdiction to decide
a
2. ABS-CBN V. WORLD INTERACTIVE
NETWORK SYSTEMS construction dispute. The arbitral clause in the
agreement is a commitment on the part of the
R.A. 876 [Arbitration Law], itself mandates that it parties to submit to arbitration the disputes
is the CFI, now the RTC which has jurisdiction covered therein. Because that clause is binding,
over questions relating to arbitration such as a they are expected to abide by it in good faith.
petition to vacate arbitral award. The RTC has And because it covers the dispute between the
jurisdiction when the ground to vacate are those parties in the present case, either of them may
enumerated under Sec 24 of R.A. 876. A petition compel the other to arbitrate.
to vacate filed in the RTC which is not based on
the grounds enumerated in Sec 24 of said law Since petitioner has already filed a Complaint
should be dismissed. with the RTC without prior recourse to
arbitration, the proper procedure to enable the
In cases not falling under any of the CIAC to decide on the disputes to request the
aforementioned grounds to vacate an award, the stay or suspension of such action as provided
Court has already made several pronouncements under R.A. 876.
that a petition for Review under Rule 43 or a
petition for Certiorari under Rule 65 may be 5. RCBC V. MAGWIN MARKETING
availed of in the CA. CORPORATION
The remedy petitioner availed of entitled There is nothing in the Rules that imposes the
Alternative petition for review under Rule 43 or sanction of dismissal for failing to submit a
Petition for certiorari under Rule 65 was wrong compromise agreement. Dismissal on the basis
because the remedies of appeal and certiorari are thereof amounts no less to gross procedural
mutually exclusive and not alternative and infirmity assailable by certiorari. For such
successive. submission could at most be directory and could
not result in throwing out the cae for failure to
3. REAL BANK INC. V. SAMSUNG effect compromise. While a compromise is
MABUHAY CORPORATION enoucraged, failure to consummate one does not
warrant any procedural sanction, much less an
Mediation is part of pre-trial and failure of the authority to jettison a civil complaint.
plaintiff to appear thereat merits sanction on the
part of the absent party. The Second revised 6. RIZALINA POSITOS V. JACOB CHUA
Guidelines for the Implementation of Mediation
Proceedings and Sec 5 rule 18 of ROC grant

The failure of respondent to appear personally regular court also lost jurisdiction after the
during the proceedings is equivalent to non- arbitral tribunals April 13, 1994 Order referring
compliance with R.A. 7160 thus rendering the the case back to the RTC. In so doing, petitioner
complaint dismissible Respondents complaint was conceded and estopped itself from further
dismissed for failure to comply with the questioning the jurisdiction of the CIAC.
conciliation process. Non-compliance affected the
sufficiency of his cause of action and rendered 9. AGAN V. PIATCO
the complaint susceptible, as in fact it resulted to The court is aware that arbitration proceedings
dismissal on the ground of prematurity. pursuant to Sec 10. 02 of the ARCA have been
filed at the instance of the Respondent PIATCO.
7. UNIWIDE SALES REALTY AND We hold that the arbitration step taken by
RESOURCES CORPORATION PIATCO will not oust this court of its jurisdiction
over the case at bar.
An arbitration body, the CIAC, can only resolve
issues before it by the parties through the Term Petitioners in the present case who have
of Reference which functions similarly as a pre- presented legitimate interest in the resolution of
trial brief. Thus if Uniwide’s claims for the controversy are not parties to the PIATCO
unliquidated damages was not raised as an issue contracts. Accordingly they cannot be bound by
in the TOR or in any modified or amended the Arbitration clause provided for in the ARCA
version of it, the CIAC cannot make a ruling on it. and hence cannot be compelled to submit to
arbitration proceedings.
The Rules of Court cannot be used to contravene
the CIAC Rules. Allowing Sec 5 Rule 10 of the 10.TRANSFIELD V. LUZON HYDRO
ROC [Ammendment of Complaint] to apply in ELECTRIC CORPORATION.
such case, deprives Titan of due process to
defend her claim after the late submission of the The applicability of the New York Convention in
memorandum.[Memorandum was only passed the Philippines was confirmed in Section 42 of
after the arbitration proceedings] R.A. 9285. Said law also provides that the
application for the recognition and enforcement
8. PHIL ROCK INC V. CIAC of such awards shall be filed with the proper RTC.
After submitting itself to arbitration proceedings While TPI's resort to the RTC for recognition and
and actively participating therein, petitioner is enforcement of the Third Partial Award is
estopped from assailing the jurisdiction of the sanctioned by both the New York Convention and
CIAC, merely because the latter rendered an R.A. 9285, its application for enforcement,
adverse decision. however, was premature, to say the least. True,
the ICC Arbitral Tribunal had indeed ruled that
Petitioner claims, on the other hand, that this
LHC wrongfully drew upon the securities, yet
Agreement was withdrawn by respondents on
there is no order for the payment or return of the
April 8, 1994, because of the exclusion of the
proceeds of the said securities. The declarations
seven engineers of petitioners in the arbitration
made in the Third Partial Award do not constitute
case. This withdrawal became the basis for the
orders for the payment of money.
April 13, 1994 CIAC Order dismissing the
arbitration case and referring the dispute back to
the RTC. Consequently, the CIAC was divested of Anent the claim of TPI that it was LHC which
its jurisdiction to hear and decide the case. committed forum-shopping, suffice it to say that
its bare allegations are not sufficient to sustain
This contention is untenable. First, private the charge.
respondents removed the obstacle to the
continuation of the arbitration, precisely by 11.KOREA TECHNOLOGIES V. LERMA
withdrawing their objection to the exclusion of
the seven engineers. Second, petitioner
The contract in this case was perfected here in
continued participating in the arbitration even
the Philippines. Therefore, our laws ought to
after the CIAC Order had been issued. It even
govern. Nonetheless, Art. 2044 of the Civil Code
concluded and signed the Terms of Reference
sanctions the validity of mutually agreed arbitral
Petitioner maneuvered to avoid the RTCs final clause or the finality and binding effect of an
resolution of the dispute by arguing that the arbitral award. Art. 2044 provides, Any
stipulation that the arbitrators award or decision
shall be final, is valid, without prejudice to of laws and jurisprudence which is necessarily
Articles 2038, 2039 and 2040. a judicial function.
The arbitration clause was mutually and

voluntarily agreed upon by the parties. It has not 14.CARGILL PHILIPPINES V. SAN
been shown to be contrary to any law, or against FERNANDO REGALA TRADING INC.
morals, good customs, public order, or public
policy. There has been no showing that the Respondent argues that the separability doctrine
parties have not dealt with each other on equal is not applicable in petitioner's case, since in
footing. We find no reason why the arbitration the Gonzales case, Climax-Arimco sought to
clause should not be respected and complied with enforce the arbitration clause of its contract with
by both parties. Gonzales and the former's move was premised
on the existence of a valid contract; while
Gonzales, who resisted the move of Climax-
12.KOPPEL INC. V. MAKATI ROTARY
Arimco for arbitration, did not deny the existence
CLUB
of the contract but merely assailed the validity
thereof on the ground of fraud and
Even if the validity of the 2005 lease contract for oppression. Respondent claims that in the case
which the arbitration clause originated from is before Us, petitioner who is the party insistent on
under dispute, the arbitration clause can still be arbitration also claimed in their Motion to
invoked under the Doctrine of Separability Dismiss/Suspend Proceedings that the contract
[Arbitration agreement is independent of the sought By respondent to be rescinded did not
main contact even if it contained in Arbitration exist or was not consummated; thus, there is no
clause.] room for the application of the separability
doctrine, since there is no container or main
Filing of a request pursuant to Section 24 of R.A. contract or an arbitration clause to speak of. We
9285 is not the sole means by which an arbitral are not persuaded.
clause may be validly invoked. When the
petitioner invoked the right to arbitrate in their Applying the Gonzales ruling, an arbitration
answer, they effectively invoked the right to agreement which forms part of the main contract
arbitrate. shall not be regarded as invalid or non-existent
just because the main contract is invalid or did
Failure to settle Judicial Dispute Resolution not come into existence, since the arbitration
proceedings gives rise to more cause to submit agreement shall be treated as a separate
the same case to arbitration. agreement independent of the main contract.
13.GONZALES V. CLIMAX MINING LTD. 15.ELPIDIO S. UY V. PUBLIC ESTATES

AUTHORITY
Arbitration before the Panel of Arbitrators is
proper only when there is a disagreement Appeals from judgment of the CIAC shall be
between the parties as to some provisions of taken to the CA by filing a petition for review
the contract between them, which needs the within fifteen (15) days from the receipt of the
interpretation and the application of that notice of award, judgment, final order or
particular knowledge and expertise possessed resolution, or from the date of its last publication
by members of that Panel. It is not proper if publication is required by law for its effectivity,
when one of the parties repudiates the or of the denial of petitioners motion for new trial
existence or validity of such contract or or reconsideration duly filed in accordance with
agreement on the ground of fraud or the governing law of the court or agency a quo.
oppression as in this case. The validity of the
contract cannot be subject of arbitration When Uy filed his petition for review with the CA,
proceedings. Allegations of fraud and duress the period to appeal had not yet lapsed; it was
in the execution of a contract are matters interrupted by the pendency of his motion for
within the jurisdiction of the ordinary courts computation. There is no basis, therefore, to
of law. These questions are legal in nature conclude that the petition was belatedly filed.
and require the application and interpretation
16.SHINRYO COM INC. V. RRN INC

18. TUNA PROCESSING INC. V. PHIL
It is quite clear that what petitioner seeks is for KINGFORD
this Court to recalibrate the evidence it has
presented before the CIAC. It insists that its The petitioner counters, however, that it is
evidence sufficiently proves that it is entitled to entitled to seek for the recognition and
payment for respondent's use of its manlift enforcement of the subject foreign arbitral award
equipment, and even absent proof of the in accordance with Republic Act No. 9285
supposed agreement on the charges petitioner (Alternative Dispute Resolution Act of 2004), the
may impose on respondent for the use of said Convention on the Recognition and Enforcement
equipment, respondent should be made to pay of Foreign Arbitral Awards drafted during the
based on the principle of unjust United Nations Conference on International
enrichment. Petitioner also questions the Commercial Arbitration in 1958 (New York
amounts awarded by the CIAC for inventoried Convention), and the UNCITRAL Model Law on
materials, and costs incurred by petitioner for International Commercial Arbitration (Model
completing the work left unfinished by Law), as none of these specifically requires that
respondent. It is settled that findings of fact of the party seeking for the enforcement should
quasi-judicial bodies, which have acquired have legal capacity to sue.
expertise because their jurisdiction is
confined to specific matters, are generally Even assuming, only for the sake of argument,
accorded not only respect, but also finality, that the court a quo correctly observed that
especially when affirmed by the Court of the Model Law, not the New York Convention,
Appeals. In particular, factual findings of governs the subject arbitral award, petitioner
construction arbitrators are final and may still seek recognition and enforcement of the
conclusive and not reviewable by this Court award in Philippine court, since the Model
on appeal. Law prescribes substantially identical exclusive
grounds for refusing recognition or enforcement.
Premises considered, petitioner TPI, although not
17.HEUNGHWA INDUSTRY CO., LTD, VS. licensed to do business in the Philippines, may
DJ BUILDERS CORPORATION seek recognition and enforcement of the foreign
There are two acts which may vest the CIAC with arbitral award in accordance with the provisions
jurisdiction over a construction dispute. One is the of the Alternative Dispute Resolution Act of 2004.
presence of an arbitration clause in a construction
contract, and the other is the agreement by the parties 19.F.F. CRUZ & CO., INC V. HR
to submit the dispute to the CIAC. CONSTRUCTION CORP.
The first act is applicable to the case at bar. The bare Under Section 19 of E.O. No. 1008, the arbitral
fact that the parties incorporated an arbitration clause award of CIAC "shall be final and inappealable
in their contract is sufficient to vest the CIAC with except on questions of law which shall be
jurisdiction over any construction controversy or claim appealable to the Supreme Court. Factual
between the parties. The rule is explicit that the CIAC findings of construction arbitrators are final and
has jurisdiction notwithstanding any reference made to conclusive and not reviewable by this Court on
another arbitral body. It is well-settled that jurisdiction appeal. This rule, however, admits of certain
is conferred by law and cannot be waived by exceptions.
agreement or acts of the parties. Thus, the contention
of petitioner that it never authorized its lawyer to Issues on the proper interpretation of the terms
submit the case for arbitration must likewise of the Subcontract Agreement involve questions
fail. Petitioner argues that notwithstanding the of law.
presence of an arbitration clause, there must be a
subsequent consent by the parties to submit the case FFCCI primarily seeks from this Court a
for arbitration. To stress, the CIAC was already vested determination of whether amount claimed by
with jurisdiction the moment both parties agreed to HRCC in its progress billing may be enforced
incorporate an arbitration clause in the sub-contract against it in the absence of a joint measurement
agreement. Thus, a subsequent consent by the parties of the formers completed works. The
would be superfluous and unnecessary. determination of the foregoing question entails
an interpretation of the terms of the Subcontract
Agreement vis--vis the respective rights of the

parties herein. On this point, it should be arbitration tribunal, in accordance with E.O. No.
stressed that where an interpretation of the true 1008, or the Construction Industry Arbitration
agreement between the parties is involved in an Law. The jurisdiction of courts and quasi-judicial
appeal, the appeal is in effect an inquiry of the bodies is determined by the Constitution and the
law between the parties, its interpretation law. It cannot be fixed by the will of the parties
necessarily involves a question of law to the dispute, nor can it be expanded or
diminished by stipulation or agreement. The text
20. ESTATE OF NELSON R. DULAY V. of Section 4 of E.O. No. 1008 is broad enough to
ABOITIZ JEBSEN MARITIME, INC. cover any dispute arising from, or connected
The Voluntary Arbitrator of the NCMB must take with, construction contracts, whether these
cognizance of the case. involve mere contractual money claims or
execution of the works. This jurisdiction cannot
Articles 217(c) and 261 of the Labor Code are be altered by stipulations restricting the nature of
very specific in stating that voluntary arbitrators construction disputes, appointing another arbitral
have jurisdiction over cases arising from the body, or making that bodys decision final and
interpretation or implementation of collective binding.
bargaining agreements. Stated differently, the
instant case involves a situation where the Also, though one party can refuse to participate
special statute (R.A. 8042) refers to a subject in in the arbitration proceedings,
general, which the general statute (Labor Code) this cannot prevent the CIAC from proceeding
treats in particular.[5] In the present case, the with the case and issuing an award in favor of
basic issue raised by Merridy Jane in her one of the parties.
complaint filed with the NLRC is: which provision
of the subject CBA applies insofar as death 23.RCBC v. BDO
benefits due to the heirs of Nelson are
concerned. The Court agrees with the CA in There was evident partiality in the case at bar
holding that this issue clearly involves the which constitutes as a legal ground for vacating
interpretation or implementation of the said CBA. the Second Partial Award. Although the parties
Thus, the specific or special provisions of the provided in the SPA that the arbitration shall be
Labor Code govern. considered under the ICC Rules, it was neverthe
less arbitration under Philippines Law since the
21.AGBAYANI V. CA parties are both residents of the country. R.A.
The compulsory process of arbitration is a pre- 876 provides as a ground to vacate an award
condition for the filing of the complaint in “evident partiality or corruption in the arbitral
court. Where the complaint (a) did not state that tribunal or any of its members”. Evident partiality
it is one of excepted cases, or (b) it did not allege is not defined in our arbitration laws but is
prior availment of said conciliation process, or (c) defined in the Federation Arbitration Act of the
did not have a certification that no conciliation US—“The existence of signs and indications that
had been reached by the parties, the case should must lead to an identification or inference of
be dismissed. Here, petitioner Agbayani failed to partiality.”
show that the instant case is not one of the Chairman Baker’s act of furnishing the parties
exceptions enumerated above. Neither has she with copies of Mathew Secomb’s article
shown that the oral defamation caused on her considering the attendant circumstances, is
was so grave as to merit a penalty of more than indicative of partiality, such that a reasonable
one year. man would conclude that he was favoring RCBC.
The chairman practically armed RCBC with
22.METROPOLITAN CEBU WATER supporting legal arguments discussed by
DISTRICT V. MACTAN ROCK Secomb.
INDUSTRIES INC.
The parties apparently characterized the Contract

as one involving construction, as its arbitration
clause specifically refers disputes, controversies
or claims arising out of or relating to the Contract
or the breach, termination or validity thereof, if
the same cannot be settled amicably, to an


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ALTERNATIVE DISPUTE RESOLUTION ACT together to present summaries of their cases and

OF 2004. receive a non-binding assessment by an

NT ADR REVIEWER Page 1

What are the Components of ADR? What is Mediation

1. Contending parties who are involved in It is a voluntary process in which a mediator is

What are the stages of the mediation

1. Opening statement of the mediator

NT ADR REVIEWER Page 2

Provisions of ADR 2004 (Sec 16)

What are the special qualifications of a Are Mediation Proceedings Confidential in

Yes (a) A settlement agreement following successful

(Sec 11) (b) The parties and their respective counsels, if

NT ADR REVIEWER Page 4

On what instances can ICA be sought?

 Subject matter of agreement relates to more

What does commercial mean?

NT ADR REVIEWER Page 5

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NT ADR REVIEWER Page 9

What is the procedure for the recognition

1. Filing of an application- The party relying

NT ADR REVIEWER Page 10

NT ADR REVIEWER Page 11

NT ADR REVIEWER Page 12

An Arbitrator must be: [iii] He is disqualified to act as an arbitrator

 Legal Age [iv] He refuses to respond to questions by a

NT ADR REVIEWER Page 13

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NT ADR REVIEWER Page 15

NT ADR REVIEWER Page 16

NT ADR REVIEWER Page 17

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NT ADR REVIEWER Page 20

A CIAC arbitral award need not be confirmed by

How is a foreign arbitral award recognized

If covered by the New York Convention:

 Governed by the New York Convention.

If not covered by the New York Convention:

The recognition and enforcement of foreign

Is a foreign arbitral award when confirmed

(Article V New York Convention)

How may a decision of the regional trial court

It may be appealed to the Court of Appeals in

The losing party who appeals from the judgment

NT ADR REVIEWER Page 22

What are the qualifications before a person a.) Resignation

a.) NOTICE TO CONSTITUTE LUPON 3 years

The Barangay Secretary shall serve as the

a.) Record results of mediation proceedings

NT ADR REVIEWER Page 23

Yes Who may initiate proceedings?

NT ADR REVIEWER Page 24

What are grounds for disqualification of the Is conciliation a precondition to filing of

- Relationship No complaint petition, action or proceedings

NT ADR REVIEWER Page 25

When may the agreement to arbitrate be  6 months from date of settlement-