Advantages of Arbitration: EO - Construction

1.) Speed original/exclusive -> construction in the Philippines

2.) Enforcement Model Law applies to the ff:

Enforcement of Foreign Judgements: not all countries have this 1. Parties

Rule 39, Sec 48 2. Arbitrators

Enforcement of Arbitral Awards: 3. Courts

Article 5 of New York Convention Sequence of Preference of Rules/Law applicable:

*it must be a foreign arbitral award 1. Party Agreement

Reservations in New York Convention: 2. Rule of Place of Arbitration

1. Reciprocity 3. Law

2. Commercial Except: Mandatory

3.) Flexibility

4.) Neutrality

Seat of Arbitration

Importance:

1. Nationality of award

2. Court who has jurisdiction to set it aside

3. Supporting Legal Framework of the Arbitration

RA 9285, applies to Commercial International Arbitration and supplements

RA 876 in Domestic Arbitration

Domestic Arbitration, not international under Model Law

International, RA 9285 + Model Law