ADR Notes:

- First: it can make a declaration of its jurisdiction

- Defer its chuchu as arbitral award
- Read the Rules of Procedure for ICA (4.19-4.23 sa IRR)
- Effect of Default of the Parties – if any of the parties, if they fail to communicate therir
statement of claims or defences – default!!
- If respondent in default, arbitration not terminated – allegations shall be admitted (non-
response = admission by respondent)
- HEARINGS – OBLIGED? Not required. Arb Tribunal – empowered to determine if hearing is
needed; Arb Tribunal >> appoint experts to give light on certain matters; for it to be more
educated and give fair and reasonable award.
- OUTPUT: arbitral award
o To be formal/legal: it must be in writing, signed by arbitrators (all members of the
tribunal; if one signature is omitted, explanation is required. Copies to be furnished to
all parties.
- WHEN TERMINATED: upon rendering of arbitral decision
o When claimant withdraws claim
o Both parties agree to terminate the proceedings
o When A.T. determines continuation of proceedings is for naught
- IN GENERAL, what are the remedies as soon as they receive the arbitral award:
o Correction in the interpretation of the arbitral award (quantification of costs)
o Correction of computation, typographical errors, other errors
o Correction of Awards (issues not given due course in the computation of award)
o Setting Aside of the ICA award (with the Regional Trial Court where the proceedings
took place; or where the asset is located; or where any of the parties reside; NCR – at
the option of the application) – REG. PERIOD = 90 days (3 months) from the receipt of
the award
o GROUNDS (read that in the book, 4.24) – Defect in the arbitration agreement; lack or
excess of jurisdiction, etc.
o The Tribunal can go back to correct the error that serves as the ground for the setting
aside of the ICA
o > in favour; recognition of the arbitral award (sa part sa favoured sa award) –
international/foreign awards; confirmation – if domestic arbitral award.
o EFFECT OF RECOGNITION - by the Philippine court; it is now enforceable. (award has the
force of law)