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ADR ADDENDUM TO COURSE SYLLABUS WITH WEEKLY SCHEDULE

Week I – II Introduction- Principles of Mediation, Arbitration and other forms of ADR


Parties
Arbitration clause and Submission Agreement Sec.2 , RA 876
Essential elements and Form of agreements to Arbitrate
Choice of or Appointment of Arbitrators

Challenge on validity and enforcement of agreements to arbitrate

Private arbitration agencies /Government agencies offering mediation services


See Sec. 2-6 ADR Law

ADR System in the Philippines - Basic Features of mediation (other than CAM) , evaluation
of a third person, mini trial, and med-arbitration ADR Law appropriate Chapters
Subject Matter of Arbitration/Exclusions Sec. 3 RA 876
Mediation (other than CAM)

Week III – IV Specific Forms of ADR and Specific Reliefs under Special Rules of Court on
ADR

Cases : BCDA v. DMCI Project Developers Inc.. G.R. No. 173137, and North Luzon
Railways Corp v. DMCI G.R. No. 173170, January 11, 2016

ORMOC Sugar Cane Planters Association Inc. et al v. CA & HIDECO Sugar Milling
Corp and Ormoc Sugar Milling. Aug. 24, 2009 G.R. 156660

Metropolitan Cebu W. District v. Mactan Rock G.R. No. 172438 July 4, 2012

Steamship Mutual v. SulpicioLines consolidated cases GR. 196072 and 208603, Sept.
20, 2017

Purpose , Applicability and Scope of Special Rules of Court on ADR (for easy reference, SRC)

Domestic Arbitration Sec.32 -33, ADR Law, Article 13, MODEL Law, Se. 2 – 5 RA 876
Arbitration Agreement and Submission Agreement see references in Week I
Steamship Mutual v. Sulpicio supra
Ormoc et al
Validity and Existence of Arbitration Agreements Rule 3.1 to 3.11
Rule 3.12 to 22 SRC

Procedure for Choosing/appointing Arbitrators Sec. 8-10, RA 876


Challenge of arbitrators
Rule 1.1 d, e f and Rule 7 SRC
Arbitration, how commenced – Sec. 12 RA 876
Rule 4.1 to 4.8 SRC
Subpoena power
Mode of conducting hearing - Sec. 15-18 RA 876
See Rule 1.1 g Special Rules
Termination of Mandate of Arbitrator Rule 8 SRC
The arbitral award – Sec. 19 – 21 all of RA 876

Week V – Confirmation of arbitral award Sec. 23, RA 876 Rule 11-1 to 11.3 SRC
Grounds for Vacating Sec. 24 RA 876 Rule 11.4 A

Cases :
DENR v.United Planners Inc., G.R. No. 212081, February 23, 2016
More to be assigned

Week VI- Modifying/Correcting Award and Enforcement of Award


Sec. 25 -28 RA 876 Rule 11.4 B

Week VII Mid Term Examination

Week VIII-IX International Commercial Arbitration


Sec. 19- 23 and 25 ADR Law
Definition of international commercial arbitration / of arbitration agreement – Articles 1, 7-9 , of
the Model Law - or the New York Convention
Composition of International Arbitral Tribunal /Challenge procedure - Articles 10 to 15 Model
law
Jurisdiction and Conduct of Proceedings Articles 16-27 Model Law
Making of Award and termination of proceedings Articles 28-33 Model Law
Setting Aside award - Article 34
Recognition and Enforcement of Award Articles 35 -36 Model law, Rule 12 SRC
Side reference : RA 8792 E Commerce Act in relation to Sec. 4, ADR Law
Place and Language of Arbitration Sec. 30-31 ADR Law
Commercial Arbitration , how commenced Sec. 24 -27 ADR Law
Interim Measures of Protection Referral to Arbitration Sec. 25 -29 ADR Law

Cases: Dale Strickland v. Ernst & Young G.R. 193782, together with G.R. 210695 , August 1,
2018 (Focus on difference between domestic and international commercial arbitration)

Week IX-X Arbitration of Construction Disputes – Sec. 34-39 ADR Law


Sec. 2 EO 1008 Policy
Voluntary Arbitration Sec. 17(d) ADR Law
Referral to CIAC by RTC Rule 17 SRC
Composition, Jurisdiction Functions of CIAC Sec. 3-8 EO 1008
Conduct of Proceedings by CIAC Sec. 9 -17 EO 1008
Applicability of Interim Measures of Protection in ADR Law Sec. 28-29, ADR Law
Arbitral Awards of CIAC , Finality and Enforcement /- Sec. 19-21 EO 1008
See. Sec. 40, ADR Law , no need for confirmation by RTC
Appeal from CIAC Awards and Processes - Rule 43, 1997 Rules of Civil Procedure ,
CIAC as quasi judicial body / errors of fact and law

Cases : Metro Rail Transit Dev. Corp v Gammon Phil G.R. 200401 January 17, 2018
Tourism Inftrastructure and Enterprise Zone Authority (TIEZA ) v. Global V- Builders
G.R. No. 219708, October 3, 2018
Metro Construction Inc. v. Chatham Properties Inc 365 SCRA 697

Week XI1- Appeals of CIAC decisions to CA Rule 43 1997 Rules of Civil Procedure
Appeals from proceedings under SRC - To CA by Petition for Review Rule 19.1 to 19. 35
Appeals to SC by Certiorari Rule 19. 36 to 19. 42
FrueHauf Electronics Phils v. Technology Electronics Assembly & Management Pacific
Corporation Nov. 23 2016 , G.R. No. 204197

Week XIII- Foreign Arbitral Awards


Sec. 42-44 , ADR Law, Articles 34-36 Model Law
Recognition and Enforcement /Rejection of Foreign Arbitral Awards – Sec. 45 ADR Law , Sec.
34-36, Model Law
Rule 13 SRC
Costs Rule 21

Week – XIV Other forms of Resort to Courts during and after Arbitration
Interim measures of Protection
Rule 5 , Special Rules of Court on ADR

Week XV – The Other Component of ADR - Court Diversion to ADR


Court Annexed mediation - Procedure
Judicial Disputes Resolution - JDR , Procedure
See copy of Issuances from SC -PHILJA

Week XVI – Exercises

Week XVII -Final Examination