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Adr Reviewer PDF
Adr Reviewer PDF
ICA DA
When International or Arbitration is international if any of the Arbitration is domestic if the components of
Domestic components of parties’ places of business, parties’ places of business, place of
place of arbitration, place of performance of a arbitration, place of performance of a
substantial part of the obligation, and place substantial part of the obligation, and place
where the subject matter of the dispute is where the subject matter of the dispute is most
most closely connected, is located outside of closely connected, are all located in the
the Philippines. Philippines.
Rule on Receipt
of Written Deemed received on the day it is delivered Shall be delivered personally, by registered
Communication personally or by registered letter or any other mail or courier service, and shall be deemed to
(same but different point of means. be received on the date it is delivered.
emphasis)
A party may be estopped from questioning non-compliance with a non-mandatory rule or any
Waiver of the Right to
requirement in an arbitration agreement or is deemed to have waived his objection thereto if he
Object (same)
fails to raise the objection without delay.
Confidentiality
(same)
The proceedings, records, evidence, and the arbitral award is confidential and shall not be
disclosed except: (1) With consent of the parties; or (2) 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.
(same)
Metro Manila, unless the arbitral tribunal decides on a different place of arbitration taking
Default Place
(same)
into consideration the circumstances of the case.
3 arbitrators
Arbitrators
(Default no. & (1) Each party shall appoint 1 arbitrator, and both appointed shall appoint the 3rd arbitrator,
Procedure) failing which the appointment shall be made by the appointing authority.
(same) (2) sole arbitrator shall be appointed by the appointing authority.
An arbitrator must:
Arbitrators None. But the appointing authority shall
(Qualifications/ consider the following factors: 1. Be of legal age
Diqualifications) 2. Be in full enjoyment of his civil
1) Qualifications required by the
rights; and
agreement of the parties
3. Know how to read and write
1
G. T. ROBENIOL (2011)
pg. 1 A. MARONILLA
2) Considerations as are likely to secure No person shall serve as an arbitrator if:
the appointment of an independent
1. He is related by blood or marriage
and impartial arbitrator and
within the 6th degree to either party.
3) In the case of sole arbitrator or third
2. He has or has had financial , fiduciary
arbitrator, the advisability of
or other interest in the controversy or
appointing an arbitrator of a
cause to be decided or in the result of
nationality other than those of the
the proceeding;
parties.
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.
1. The challenging party shall send a written statement of the reasons for the challenge to
Default Procedure for
the arbitral tribunal within15 days after becoming aware of the constitution of the
the Challenge
(same)
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 30 days from notice of the decision rejecting the challenge, to decide
the challenge.
Procedure in Case the If an arbitrator becomes de jure or de facto unable to perform his functions or fails to act
Arbitrator Fails to Act without undue delay, his mandate terminates:
(same) a) if he withdraws, or b) if the parties agree on the termination.
Any party may request for the grant of interim measures from the arbitral tribunal against the
Interim Measures
(same)
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.
A party may be represented by a person of his choice even if a non-lawyer. However, if a non-
Legal Representation
(same)
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 In principle, the costs shall be borne by the unsuccessful party. However, the arbitral tribunal
(same) may apportion the costs if reasonable under the circumstances of the case.
Recognition/ Must go through the process of “recognition” in Must go through the process of
Confirmation order to be entitled to enforcement in the “confirmation” prior to their
Philippines. implementation
pg. 3 A. MARONILLA
pg. 4 A. MARONILLA