QUICKNOTES ON THE ADR ACT OF 2004
CH1: General Provisions
Electronic Signatures in Global and E-Commerce Act
Liability of ADR Provider and Practitioner
Exception to the Application of this Act
Scope
Application and Interpretation
Confidentiality of Information
Waiver of Confidentiality
Exceptions to privilege
Prohibited mediator reports
Mediator’s disclosure and conflict of interest
Participation in mediation
Place of mediation
Effect of agreement to submit dispute to
mediation under institutional rules
Enforcement of mediated settlement agreement
CH3: Other ADR Forms -- not limited to (a) the evaluation of a third person or (b) a mini-trial, (c) mediation-arbitration, or a combination thereof.
Governed by: GR = Chapter 2; XPN = when combined with arbitration, in which case Chapter 5.
PREPARED BY PATRICIA BONTO
Applied to proceedings in this Act.
In the performance of duties, subject to same civil liability as public officers (Section 38 (1),
Chapter 9, Book of the Administrative Code of 1987.)
Disputes from covered by the Labor Code, civil status of person, marriage validity, grounds for
legal separation, jurisdiction of courts, future legitime, criminal liability, and those which cannot
be compromised by law.
CH2: Mediation
Voluntary ad hoc or institutional mediation, including conciliation.
The need to promote candor through:
- Confidentiality of the process
- Policy of fostering prompt, economical, and amicable resolution of disputes in accordance with the
principles of integrity of determination by the parties
- Policy that the decision-making authority in the mediation process rests with the parties
Information obtained through mediation = privileged and confidential. Those involved may refuse and not
be compelled to disclose or prevent others from disclosing. The info is also not subject to discovery and is
inadmissible to any adversarial proceedings. This continues to apply despite a mediator’s impartiality. A
mediator wrongfully subpoenaed is reimbursed attorney’s fees and related expenses.
Either in record or orally during the proceeding. People precluded from asserting the privilege of
confidentiality: those who disclose confidential information if a person suffers loss or damage from it, and
those who make a representation about the mediation to the extent of prejudice of another.
If nature of the mediation communication dictates (public info, threats to public interest…), when the court
or admin agency finds that evidence is not available otherwise, a mediator not capable of being compelled
to provide evidence or testify, and if not covered under first 2 exceptions, then only the necessary portion
may be exempted.
GR: communication regarding mediation is prohibited.
XPN: Mediation occurred or has terminated, or where settlement was reached, or as permitted for disclosure
under Sec. 13.
Conflicts of interest must be disclosed ASAP. Qualifications of a mediator may also be disclosed upon the
request of mediation party.
A lawyer or other people may be designated except as otherwise provided.
Either as agreed, or wherever convenient and appropriate.
This includes an agreement to be bound by the internal policies of the institution, and such rules will govern
the mediation.
Parties shall make and sign the SA.
 QUICKNOTES ON THE ADR ACT OF 2004 PREPARED BY PATRICIA BONTO

CH4: International Commercial Arbitration

Adoption of the Model Law on International Commercial Arbitration This is governed by the Model Law on International Commercial Arbitration (the
"Model Law").
Interpretation of Model Law International origin, need for uniformity in its interpretation, resort may be made to a
certain report of the Secretary General of the UN Commission on Int’l Trade Law
Commercial arbitration “Commercial” arises whether contractual or not.
Legal representation in international arbitration Allowed, provided that if not admitted to practice PH law, he is unauthorized to
appear as counsel.
Confidential of arbitration proceedings Including records, evidence and award, except with consent and for the limited
purpose of court disclosure. The court may issue a preventive order in certain
instances.
Referral to arbitration If at least one party so requests not later that the pre-trial conference, or upon the
request of both parties thereafter, refer the parties to arbitration unless it finds that
the arbitration agreement is null and void, inoperative or incapable of being
performed.
Interpretation of the act The policy of law in favor of arbitration.
Meaning of “appointing authority” Person or institution named in the arbitration agreement as the appointing authority;
or the regular arbitration institution under whose rules the arbitration is agreed to be
conducted.
What functions may be performed by appointing authority Provided in Articles 11(3), 11(4), 13(3) and 14(1) of Model Law.
Grant of interim measure of protection 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, the request may be made with the
Court.
Further authority for arbitrator to grant interim measure of protection Unless otherwise agreed by the parties, AT has the authority to order interim
measures of protection as deemed necessary when requested.
Place of arbitration Either as agreed or MM, unless AT decides otherwise.
Language of arbitration Either as agreed or English.

CH5: Domestic Arbitration – governed by RA 876, “The Arbitration Law.”

CH6: Arbitration of Construction Disputes

Governing law
Coverage of the law
Authority to act as mediator or arbitrator
Appointment of foreign arbitrator
Application to construction arbitration
EO 1008, “Constitution Industry Arbitration Law”
Those bound by arbitration agreement, directly or by reference in a construction project.
By written agreement of the parties, an arbitrator may act as mediator and a mediator may act as
arbitrator. The parties may also agree in writing that, following a successful mediation, the mediator
shall issue the settlement agreement in the form of an arbitral award.
Allowed when there’s an international party, and that the arbitrator agreed to abide and is a common
choice among accredited arbitrations and that he is of a different nationality to the international
party.
Sections 17 (d) of Chapter 2, and Section 28 and 29 of this Act shall apply to arbitration of
construction disputes.
 QUICKNOTES ON THE ADR ACT OF 2004 PREPARED BY PATRICIA BONTO

Court to dismiss case involving a construction dispute When the RTC becomes aware not later than pretrial conference that the parties entered into
arbitration = dismiss, unless parties submit to RTC a written agreement exclusive for the Court to
resolve the dispute.

CH7: Judicial Review of Arbitral Awards

Domestic Awards
Confirmation of award In the same manner as final and executory decisions of the RTC. Construction award need not be confirmed to be executory.
Vacation award A party may question to the RTC based on grounds enumerated in Section 25 of Republic Act No. 876.
Foreign Arbitral Awards
Application of the NYC NYC governs recognition and enforcement of awards. It should be filed with RTC. Attachment of translation should be made if
award was made in another language. If there’s an application for rejection or suspension, the RTC may find it proper to vacate.
Recognition and In accordance with procedural rules to be promulgated by the SC. With grounds of comity and reciprocity, the Court may recognize
enforcement of award a nonconvention award as a convention award.
not covered by NYC
Foreign award not When confirmed by:
foreign judgment Foreign court: enforced not as a judgment of a foreign court.
RTC: enforced in the same manner as final and executory decisions of courts of law of the PH.
Rejection of an award May be opposed only on the grounds under Article V of the NYC.
Appeal from court Allowed, with the losing party who appeals required to post counterbond in favor of prevailing party equal to amount of the award.
decisions on awards
Venue and jurisdiction Where AP was conducted, where asset or act is location, residence or place of business, or National Judicial Capital Region.
Notice of proceeding to Sent 15 days before date of initial hearing.
parties

AT = arbitral tribunal AP = arbitration proceedings MM = Metro Manila

SA = settlement agreement NYC = New York Convention