1.

When a party goes to court for judicial relief after arbitration

commences, what singular particular event in the arbitration
triggered the necessity to go to court? – It is when the arbitral tribunal
ruled on a preliminary question upholding or declining its jurisdiction. Special
Rules of Court on ADR provides that “Any party to arbitration may petition the
appropriate court for judicial relief from the ruling of the arbitral tribunal on a
preliminary question upholding or declining its jurisdiction.”

Mindanao Portland Cement Corp. vs. McDonough Construction

Company of Florida
Facts: Both parties entered into a contract for the construction by the
respondent of a Portland cement plant in favor of the petitioner. On-going
construction, the parties initially agreed to extend the time of completion of
the project. Respondent, however, was able to finish the project a year after
the extended period of its completion. By this reason, Petitioner is claiming
from respondent damages allegedly occasioned by the delay in the project’s
completion. Respondent in turn asked from Petitioner an amount equivalent
for alleged losses due to cost of extra work.
`Petitioner sent respondent a written invitation to arbitrate, invoking
the provision in their contract regarding disputes. But instead of answering
the invitation, respondent submitted to petitioner a final statement of work
accomplished for payment. Thus, petitioner filed an action before the CFI to
compel respondent to arbitrate alleging that the dispute falls under the general
arbitration clause of their contract and that respondent failed to proceed to
arbitration despite request thereof.
Issue: w/n respondent should be compelled to submit the dispute for
arbitration – Yes
Ruling: It is proper for the parties to proceed to arbitration in accordance with
the terms of their agreement since there exist a provision for arbitration as
well as the respondent’s failure to comply with their agreement.