ADR - Domestic Arbitration

Arellano University School of LawTaft Avenue corner Menlo St., Pasay City

Alternative Dispute Resolution

Set B – Sunday Class

8:00 to 10:00 AM

DOMESTIC ARBITRATION (Part I)

Prepared and Reported by:

Group 7Maria Pacita Mariñas

Ruther MartinezRaymund Anthony Panis

Submitted to:Atty. David Ballesteros

ALTERNATIVE DISPUTE RESOLUTION

CHAPTER VI: DOMESTIC ARBITRATION (Part I)

GROUP 7

When Domestic

Arbitration is domestic if the below components are all located in the Philippines.

1. parties’ places of business, 2. place of arbitration,3. place of performance of a substantial part of the obligation,

and4. place where the subject matter of the dispute is most closely

connected

Disputes Covered

The provisions and rules on domestic arbitration cover both commercial and non-commercial disputes provided:

1. They are susceptible of arbitration, and 2. Do not fall within the exclusive original arbitral jurisdiction

of quasi-judicial agencies.Rule on Receipt of Written

CommunicationShall be delivered personally, by registered mail or courier service, and shall be deemed to be received on the date it is delivered.

Waiver of the Right to Object

A party may be estopped from questioning non-compliance with a non-mandatory rule or any requirement in an arbitration agreement or is deemed to have waived his objection thereto if he fails to raise the objection without delay.

Confidentiality

GENERAL RULE: The proceedings, records, evidence, and the arbitral award is confidential and shall not be disclosed

EXCEPTIONS:1. with consent of the parties; or2. For the limited purpose of disclosing to the court relevant

documents in cases where resort to the court is allowed.

Due Process Parties shall be treated equally and shall be given a full opportunity to present their sides.

Default PlaceMetro Manila, unless the arbitral tribunal decides on a different place of arbitration taking into consideration the circumstances of the case.

Default Commencement Reckoned from the date when the other party agreed to submit the dispute to arbitration.

Default Language English and Filipino

Default Applicable Law

1. The Arbitration Law (Republic Act No. 876)2. Some provisions of the Model Law and the ADR Act3. Implementing Rules and Regulations of the ADR Act4. All other rules applicable to international commercial

arbitration which may be given suppletory application in the absence of specific applicable provisions.

Arbitrators(Default number and Procedure)

Three (3) Arbitrators1. Each party shall appoint one (1) arbitrator, and both

appointed shall appoint the third arbitrator, failing which the

Domestic Arbitration_Group7

Maria Pacita MariñasRuther Martinez

Raymund Anthony Panis

appointment shall be made by the appointing authority.2. Sole arbitrator shall be appointed by the appointing

authority.

Arbitrators(Qualifications/Disqualifications)

An arbitrator must:1. Be of legal age2. Be in full enjoyment of his civil rights; and3. Know how to read and write

Grounds for Challenge of an Arbitrator

No person shall serve as an arbitrator if:1. He is related by blood or marriage within the 6th degree to

either party.2. He has or has had financial, fiduciary or other interest in the

controversy or cause to be decided or in the result of the proceeding;

3. He has personal bias which might prejudice the right of any party to a fair and impartial award; or

4. He has been selected to act as champion or to advocate a party’s cause.

If circumstances exist that give rise to a justiciable doubt as to his:1. Impartiality or independence2. Possession of the qualifications provided for under the law

or agreed upon by the parties3. Disqualification to act as arbitrator4. Refusal to respond to questions by a party regarding the

nature and extent of his professional dealings with a party or his counsel

Default Procedure for the Challenge

1. The challenging party shall send a written statement of the reasons for the challenge to the arbitral tribunal within fifteen (15) days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of the circumstance constituting the ground for the challenge.

2. If the challenge is not successful, the challenging party may request the appointing authority within thirty (30) days from notice of the decision rejecting the challenge, to decide the challenge.

Procedure in case the Arbitrator Fails to Act

If an arbitrator becomes de jure or de facto unable to perform his functions or fails to act without undue delay, his mandate terminates:

1. If he withdraws, or2. If the parties agree on the termination

Interim Measures

Any party may request for the grant of interim measures from the arbitral tribunal against the adverse party. The relief may be granted in order to prevent irreparable loss, to provide security for the performance of an obligation, to produce or preserve evidence, or to compel any other appropriate acts or omissions.

Legal Representation A person of his choice If a non-lawyer is so appointed, he shall not be authorized to




appear as counsel in any Philippine court or any quasi-judicial body even if such appearance is in relation to the arbitration in which he appears

Costs Shall be borne by the unsuccessful party May apportion the costs if reasonable under the party. However,

the arbitral tribunal circumstances of the case.

Correction & Interpretation

1. Quantification of costs2. Correction of typographical and similar errors initiated by a party3. Correction of typographical and similar errors initiated by the

court4. Interpretation of the award5. Additional award6. Under the arbitration agreement7. Failure to resolve an issue – as to the unresolved issues

Setting Aside of Arbitral Award

1. The arbitral award was procured by corruption, fraud or other undue means;

2. There was evident partiality or corruption in the arbitral tribunal or any of its members;

3. The arbitral tribunal was guilty of misconduct or any form of misbehavior that has materially prejudiced the rights of any party;

4. One or more of the arbitrators was disqualified to act as such and willfully refrained from disclosing such disqualification; or

5. The arbitral tribunal exceeded its powers, or so imperfectly executed them, such that a complete, final and definite award upon the subject matter submitted to it was not made.

Recognition / Confirmation Must go through the process of “confirmation” prior to their implementation.

Domestic ArbitrationDomestic Arbitration_Group7



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Across

3. to make it right

6. mediation=mediator, arbitration=?

8. the one as well as the other

9. secret or private

12. required or expected to happen

13. to put away

14. to oppose something

15. temporary or provisional

Down

1. the price of something

2. MM in MMDA

4. not ordinary mail

5. to corroborate

7. act or speak for someone or something

9. a person does to a champion to beat the latter in a match

10. not international




17. filipino and english 11. thing we study to be a lawyer

16. to not succeed




ADR - Domestic Arbitration

Documents

Transcript of ADR - Domestic Arbitration