ADR REVIEWER

RA 876 SE C 23 SE C Confirmation of award. - At any time within one month after the award is made, any party to the controversy which was arbitrated may apply to the court having jurisdiction, as provided in section twenty-eight, for an order confirming the award; and thereupon the court must grant such order unless the award is vacated, modified or corrected, as prescribed herein. Notice of such motion must be served upon the adverse party or his attorney as prescribed by law for the service of such notice upon an attorney in action in the same court. EO 1008 SE C 40 RA 99285 SE C Confirmation of Award. - The confirmation of a domestic arbitral award shall be governed by Section 23 of R.A. 876. A domestic arbitral award when confirmed shall be enforced in the same manner as final and executory decisions of the Regional Trial Court. The confirmation of a domestic award shall be made by the regional trial court in accordance with the Rules of Procedure to be promulgated by the Supreme Court. A CIAC arbitral award need not be confirmed by the regional trial court to be executory as provided under E.O. No. 1008. 24 Grounds for vacating award. - In any one of the following cases, the court must make an order vacating the award upon the petition of any party to the controversy when such party proves affirmatively that in the arbitration proceedings: (a) The award was procured by corruption, fraud, or other undue means; or (b) That there was evident partiality or corruption in the arbitrators or any of them; or (c) That the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; that one or more of the arbitrators was disqualified to act as such under section nine hereof, and wilfully refrained from disclosing such disqualifications or of any other misbehavior by which the rights of any party have been materially prejudiced; or (d) That the arbitrators exceeded their powers, or so imperfectly executed them, Lynne dela cruz ADR REVIEWER 41 Vacation Award. - A party to a domestic arbitration may question the arbitral award with the appropriate regional trial court in accordance with the rules of procedure to be promulgated by the Supreme Court only on those grounds enumerated in Section 25 of Republic Act No. 876. Any other ground raised against a domestic arbitral award shall be disregarded by the regional trial court. *34 Application for setting aside as exclusive recourse against arbitral award: (2) An Arbitral award may be set aside by the court specified in article 6 only if: (a) the party making furnishes proof that: the application UNICITRAL

(i) a party to the arbitration agreement referred to in article (7) was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this State; or (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, Page 1 of 7

may request the arbitral tribunal to give an interpretation of a specific point or part of the award. it shall make a correction or give the interpretation within 30 days of Page 2 of 7 25 Grounds for modifying or correcting award. costs. date. Where the award is imperfect in a matter of form not affecting the merits of the controversy. or. Any other ground raised shall be disregarded by the regional trial court. not affecting the merits of the decision upon the matter submitted. additional award – (1) Within thirty days of receipt of the award. failing such agreement. not affecting the merits of the decision upon the matter submitted. upon the application of any party to the controversy which was arbitrated: (a) Where there was an evident miscalculation of figures. amount. Where the arbitrators have awarded upon a matter not submitted to them. with notice to the other party. d. with notice to the other party. c. final and definite award upon the subject matter submitted to them was not made. may direct a new hearing either before the same arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the submission or contract for the selection of the original arbitrator or arbitrators. in its discretion. may request the arbitral tribunal to correct in the award any errors in computation. the defect could have been amended or disregarded by the 17. was not in accordance with this law.Any of the parties may file a motion for correction of the Final award within 15 days from receipt thereof upon any of the following grounds: 45 a. thing or property referred to in the award. of or Rejection of a Foreign Arbitral Award. ADR REVIEWER Lynne dela cruz . An evident miscalculations figures. if the decisions on matters submitted to arbitration can be separated from those not so submitted. the court. (b) If so agreed by the parties. or (c) Where the award is imperfect in a matter of form not affecting the merits of the controversy. . not exceeding fifty pesos and disbursements may be awarded to the prevailing party and the payment thereof may be enforced in like manner as the payment of costs upon the motion in an action. SE C EO 1008 SE C RA 99285 SE C UNICITRAL provided that. Where an award is vacated. Correction and interpretation of award. thing or property referred to in the award. or (ii) the award is in conflict with the public policy of this State.RA 876 SE C that a mutual. a party. or (b) the court finds: (i) the subject matter of the dispute is not capable of settlement by arbitration under the law of this State. (a) A party. . the court must make an order modifying or correcting the award. and any provision limiting the time in which the arbitrators may make a decision shall be deemed applicable to the new arbitration and to commence from the date of the court's order. unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate. and if it had been a commissioner's report. a typographical arithmetical error. person.A party to a foreign arbitration proceeding may oppose an application for recognition and enforcement of the arbitral award in accordance with the procedural rules to be promulgated by the Supreme Court only on those grounds enumerated under Article V of the New York Convention. unless another period of time has been agreed upon by the parties. If the arbitral tribunal considers the request to be justified. *33 b.In any one of the following cases. Where the court vacates an award. any clerical or typographical errors or any errors of similar nature. only taht of the award which contains decisions on matters not submitted to arbitration may be set aside. An evident mistake in the description of any party. or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. 1 Motion for correction of final award. or an evident mistake in the description of any person. or (b) Where the arbitrators have awarded upon a matter not submitted to them.

upon application in writing to the competent court. within thirty days of receipt of the award. a party. order or final award has become executory. (2) The arbitral tribunal may correct any error of the type referred to in paragraph (1) (a) of this article on its own initiative within 30 days of the date of the award.5. (5) The provisions of article 31 shall apply to a correction or interpretation of the award or to an additional award. Recognition and enforcement – (1) An arbitral award. shall be enforced subject to the provisions of this article and article 36. SE C EO 1008 SE C RA 99285 SE C UNICITRAL receipt of the request. In the case of sale of real property or personal property not capable of manual delivery. the party shall supply a duly certified translation thereof into such language.RA 876 SE C court. Upon the proper application by the sheriff. may request. *35 . the auction sale shall be held at the office the sheriff serving the writ.The recognition and enforcement of foreign arbitral awards not covered by the New York Convention shall be done in accordance with procedural rules to be promulgated by the Supreme Court. (2) The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof. it shall make the additional award within sixty days. interpretation or an additional award under paragraph (1) or (3) of this article. with notice to ADR REVIEWER Recognition and Enforcement of Foreign Arbitral Awards Not Covered by the New York Convention. with the concurrence of CIAC. motu proprio or on motion of the prevailing party issue a writ of execution requiring any sheriff or proper officer to execute said decision. and the original arbitration agreement referred to in article 7 or a duly certified copy thereof. and. (3) Unless otherwise agreed by the parties. recognize and enforce a nonconvention award as a convention award. irrespective of the country in which it was made. shall be re3cognized as binding. The Court may. The order may modify and correct the award so as to effect the intent thereof and promote justice between the parties. order or final award. .1 – the writ of execution shall direct the sheriff or other officer to conduct the sale of property on execution in accordance with Section 15 of Rule 39 of the Rules of Court. grounds of comity and reciprocity. The interpretation shall form part of the award. Page 3 of 7 *18 . with notice to the other party. the period of time within which it shall make a correction. if necessary. the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but mitted from the award. If the award or agreement is not made in an official language of this State.5 Execution/enforcement of awards – as soon as a decision. the Arbitral Tribunal shall. *43 Lynne dela cruz 18. (4) The arbitral tribunal may extend. if the arbitral tribunal considers the request to be justified.

under the law of the country where the award was made. if that party furnishes to the competent court where recognition or enforcement is sought proof that: (i) A party to the arbitration agreement referred to in article 7 was under some incapacity. irrespective of the country in which it was made may be refused only. or the said agreement is not valid under the law to which the parties have subjected it or. or (iv)The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or. that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced. a) At the request of the party against whom it is invoked. Lynne dela cruz ADR REVIEWER Page 4 of 7 . failing any indication thereon. CIAC may authorize the sale to be held in the place where the property is located. if the decisions on matters submitted to arbitration can be separated from those not so submitted. provided that. or it contains decisions on matters beyond the scope of the submission to arbitration. or (ii) The party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case. RA 99285 SE C UNICITRAL *36 Grounds for refusing recognition or enforcement – (1) Recognition or enforcement of an arbitral award. or (iii)The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration.RA 876 SE C SE C EO 1008 SE C the parties.

was not in accordance with the law of the country where the arbitration took place. a request for an interim measure of protection or modification thereof. the court where recognition or enforcement is sought may. the Arbitral Tribunal may. (2) If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1) (a) (v) of this article. has accepted the nomination and written communication of said nomination and acceptance has been received by the party making request.RA 876 SE C SE C EO 1008 SE C RA 99285 SE C UNICITRAL failing such agreement. issue orders as is necessary to attain the following objectives: 28 Grant of Interim Measure of Protection. To provide security for the performance of any obligation. before constitution of the tribunal. from a Court an interim measure of protection and for the Court to grant such measure. Such other measures deemed by the Arbitral Tribunal to be necessary to prevent a ADR REVIEWER Lynne dela cruz . To prevent irreparable loss or injury or deterioration of property. (a) It is not incompatible with an arbitration agreement for a party to request. The arbitral tribunal is deemed constituted when the sole arbitrator or the third arbitrator who has been nominated. adjourn its decision and may also. the request may be made with the Court. To produce or preserve any evidence. if it considers it proper. After constitution of the arbitral tribunal and during arbitral proceedings. or b) If the court finds that: (i) The subject matter of the dispute is not capable of settlement by arbitration under the law of this State. To minimize or avoid undue delays in project or contract implementation. upon the request of either or both parties or upon its own initiative. on the application of the party claiming recognition or enforcement of the award. may be made with the arbitral tribunal or to the extent that the arbitral tribunal has no power to act or is unable to act effectively. (b) The following rules on interim or Page 5 of 7 a) b) c) d) e) f) To ensure the enforcement of the award. *14 . or (ii) The recognition or enforcement of the award would be contrary to the public policy of this State. order the other party to provide appropriate security.1 Interim Measures – in the course of the proceedings.

describing in appropriate detail the precise relief. (3) The order granting provisional relief may be conditioned upon the provision of security or any act or omission specified in the order. (6) Either party may apply with the Court for assistance in Implementing or enforcing an interim measure ordered by an arbitral tribunal. the grounds for the relief. (iii) to produce evidence. RA 99285 SE C provisional relief shall be observed: (1) Any party may request that provisional relief be granted against the adverse party: (2) Such relief may be granted: (i) to prevent irreparable loss or injury: (ii) to provide security for performance of any obligation. (5) The order shall be binding upon the parties. or or preserve the any UNICITRAL (iv) to compel any other appropriate act or omission. (7) A party who does not comply with the order shall be liable for all damages Lynne dela cruz ADR REVIEWER Page 6 of 7 . (4) Interim or provisional relief is requested by written application transmitted by reasonable means to the Court or arbitral tribunal as the case may be and the party against whom the relief is sought. the party against whom the relief is requested. and evidence supporting the request.RA 876 SE C SE C EO 1008 SE C miscarriage of justice or abuse of rights of any of the parties.

RA 876 SE C SE C EO 1008 SE C RA 99285 SE C resulting from noncompliance. paid in obtaining the order's judicial enforcement. including all expenses. and reasonable attorney's fees. UNICITRAL Lynne dela cruz ADR REVIEWER Page 7 of 7 .

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