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ADR Jurisdiction of Arbitral Tribunal
ADR Jurisdiction of Arbitral Tribunal
ARBITRAL TRIBUNAL
Submitted by:
MARZAN, Dina R.
LL. B. 2C
ARTICLE 4.16
COMPETENCE OF ARBITRAL TRIBUNAL TO RULE ON ITS
JJRISDICTION
The arbitral tribunal may rule on its own jurisdiction, including any
objections with respect to the existence or validity of the arbitration
agreement.
A. Principle of Separability
The arbitration agreement is separate and distinct from the main
contract.
It is independent of and separate from that contract. A declaration that
the contract is null and void does not entail ipso jure the invalidity of
the arbitration clause.
B. Principle of Competence-competence
A tribunal is competent to rule upon its own jurisdiction, including any
objection with respect to the existence or validity of the arbitration
agreement.
A. In general
a. Non-existence or invalidity of the arbitration agreement
b. Upon the nullity of the contract the breach of which has resulted in
the dispute submitted to arbitration
c. Upon other grounds not specified in the articlei
This article allows the arbitral tribunal , on its own motion, to rule on the
issue of the existence or validity of the arbitration agreement even
without objections from either party if its own jurisdiction depends upon
such determination.
ARTICLE 4.17
SOURCES
A.M. No. 07-11-08-SC. (2009, September 1). Special Rules of Court
on Alternative Dispute Resolution.