DOCTRINE – Applicability of the UNCITRAL Model Law in the Philippines, “As signatory to the Arbitration Rules of the UNCITRAL

Model Law on International Commercial Arbitration[1][41] of the United Nations Commission on International Trade Law (UNCITRAL) in the New York Convention on June 21, 1985, the Philippines committed itself to be bound by the Model Law.” The UNCITRAL Model Law is incorporated in RA 9285, hence, “arbitration clause not contrary to public policy.” The pertinent features of RA 9285 incorporating the UNCITRAL Model Law: 1. The RTC must refer to arbitration in proper cases; 2. Foreign arbitral awards must be confirmed by the RTC in accordance with the rules of procedure to be promulgated by the Supreme Court; 3. The RTC has jurisdiction to review foreign arbitral awards on provided specific grounds; 4. Grounds for judicial review different in domestic and foreign arbitral awards, grounds for foreign arbitral awards are provided under Art. 34 (2) of the UNCITRAL Model Law while domestic arbitral awards are provided under Sec. 25 of RA 876; and 5. RTC decision of assailed foreign arbitral award appealable to the Court of Appeals which may further be reviewed by the Supreme Court under Rule 45.

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