ALTERNATIVE DISPUTE RESOLUTION

Course Outline –SY 2021

I. Introduction
1. What is Conflict? And How to Manage Conflict.

II. International Dispute Resolutions

1. Overview of International Law - review your public international law specifically
definition of state, sovereignty, jurisdiction, rights and privileges of states, capacity to
enter into contract.

2. Article 33, Paragraph 1 of the United Nations Charter - study the different types of
dispute settlement.

3. International Court of Justice (ICJ)– Sources of International law and ICJ Jurisdiction

4. The Convention for the Pacific Settlement of International Disputes or the Hague
Convention of 1907 –Please ensure that you have the right convention. Do not copy or
print the war conventions, which were also signed at The Hague. Read materials before
saving or printing.

5. International Court Arbitration and International Chamber of Commerce – You

can obtain materials using the internet. Get familiar with the institutions and its dispute
settlement processes.

6. United Nations Commission for International Trade Law – Study the 1985
UNCITRAL Model Law On International Commercial Arbitration).

7. 1958 New York Convention – Convention on the Recognition and Enforcement of

Foreign Arbitral Award

III. How to Settle International Business Dispute

1. Types of Arbitration
2. Powers and Jurisdiction of Arbitral Tribunal
3. Arbitration Proceedings
4. Law Applicable to the Substance of the Dispute, Law applicable to the arbitration
proceeding and Law Applicable to the arbitration agreement.
5. Award (rendering, recognition, enforcement, etc)

IV. Domestic Dispute Resolutions

1. Introduction to Domestic Dispute Resolution

2. Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285)

3. Arbitration Law (Republic Act No. 876)

4. DOJ department Circular No. 98 s 2009 (Implementing Rules and Regulations of

Alternative Dispute Resolution Act of 2004)

5. A.M. No. 07-11-08-SC (Special Rules of Court on Alternative Dispute Resolution)

6. Cases TBA After Midterm