Charlie M. Auxilio Jr.

JD-2nd Year- ADR

Activity No.2

DISTINCTIONS BETWEEN DOMESTIC ARBITRATION AND INTERNATIONAL COMMERCIAL ARBITRATION

DOMESTIC ARBITRATION
Coverage If the components f parties’ place of business, place of
arbitration, place of performance or substantial part of the
obligation and place where the subject matter of the dispute is
most closely connected, are all located in the Philippines
Rules on receipt of written Similar with the ICA, is that provided for the parties in their
communication arbitration agreement, whereas, in the absent of such
agremeent, written communication among the parties and the
arbitrators shall be delivered personally
Waiver of the right to object Non-compliance with a non-mandatory rule or any requirement
under an arbitration agreement.
Confidentiality The arbitration proceedings, records, evidence, arbitral awards
and other confidential information and privileged and shall not
be published except with the consnet of the parties
Due Process Entitled to be treated equally with due process.
Place/Venue To be determined by parties
Commencement of Proceedings to be determined by the prior arbitaration agreement between
the parties
Applicable Law/s 1. The arbitration law (RA No. 876)
2. The model law (art 8, 10 ,11, 12 ,13, 14, 18 and 19)
3. the following provision of the ADR Act on international
commercial arbitration a. Sec. 22, 23, 24, 25, 26, 27, 28, 29, 30,
31, 32
4. IRR of the ADR Act
5. All other rules applicable to international commercial
arbitration which may be given suppletory application in the
absence of specific applicable provisions.
Arbitrators and Arbitral Tribunal Unless the parties have agreed otherwise, there shall be three
(3) arbitrators for domestic arbitration.
Awards The IRR provided for the amendment or modification of the
arbitral award by the arbitral tribunal in the following instances
as exception to the general rule such as 1. under the arbitration
agreement 2. failure to resolve an issue 3. quantification of
cost; 4. correction of typographical and similar errors initiated
by a party; 5. correction of typohraphical error initiated by the
arbitral tribunal; 6. interpretation of the award; 7. additional
award
Confirmation of Awards The IRR provided for the amendment or modification of the
arbitral award by the arbitral tribunal in the following instances
as exception to the general rule such as 1. under the arbitration
agreement 2. failure to resolve an issue 3. quantification of
cost; 4. correction of typographical and similar errors initiated
 by a party; 5. correction of typohraphical error initiated by the
arbitral tribunal; 6. interpretation of the award; 7. additional
award

INTERNATIONAL COMMERCIAL ARBITRATION

Coverage Covers matters arising from all relationships of a commercial
nature, whether contractual or not
Rules on receipt of written Those provided for by the parties in their arbitration
communication agreement.
In default, it is deemed received:
a. If delivered to the addressee personally or at his place
of business, habitual residence or mailing address or
b. Delivered by registered letters or any other means
providing a record of attempt tp deliver to the last
known place of business, residence or mailing address.
Waiver of the right to object failure of the party to raise an objection without undue delay
Confidentiality It is confidential and shall not be disclosed except:
a. With the consent of the parties
b. For the limited purpose of disclosing to the court
relevant documents in cases where resort to the court
is allowed
Due Process a. Give the parties sufficient advance notice of ay hearing
and of any meeting of the arbitral tribunal

b. Communicate to the other party all statements,

Place/Venue
Commencement of Proceedings
Applicable Law/s
Arbitrators and Arbitral Tribunal
documents or other information including expert
reports, or evidentiary document
a. The default place is Metro Manila unless the arbitral
tribunal decides on a different place
b. The place or venue as determined by the parties
a. The date of commencement is determined by the
parties
b. The default date is the date on which the request for
that dispute to be referred to arbitration is received by
the respondent
a. The agreement of the parties on the governing law to
apply
b. In the absence of agreement between the parties, the
law determined by conflicts of law rules as determined
by the arbitral tribunal
The parties are free to determine the number of their
arbitrators and the procedure of their appointment. The default
number of arbitrators is 3.

The arbitral tribunal is deemed constituted when the sole

 arbitrator or the last member of the panel of arbitrators who
has been nominated has accepted his nomination and written
communication of said nomination and acceptance has been
receive by the party making the request
Awards
Confirmation of Awards