Domestic

Arbitration
 Default Procedure in Domestic Arbitration
1. Statement of Claims – the claimant in domestic arbitration is required to submit within the time agreed
upon by the parties or determined by the arbitral tribunal his statement of claims including the supporting
facts, points at issue and the relief sought.
2. Statement of defense – in the same manner and period, the respondent shall state his defenses.
3. Amendment of claims – the parties may amend or supplement their claims or defenses, as the case
maybe, unless the arbitral tribunal considers the amendment appropriate or dilatory.
4. Hearing and written proceedings – in an ad hoc domestic arbitration, the procedure determined by the
arbitrator with the agreement of the parties shall be followed. In an institutional arbitrator shall be
followed which has been impliedly accepted by the parties on account of the designation of the
institutional arbitral tribunal.
 Domestic Arbitration
a. Pre-hearing conference – the parties in domestic arbitration are required to undergo a pre-hearing
conference within 30days from the appointment of the arbitrator or the constitution of an arbitral tribunal
during which they shall discuss the venue of the arbitration. The possibility of a compromise is not among
those that the parties and the arbitral tribunal are supposed to discuss during the pre-hearing conference.
No arbitrator shall act as mediator in any proceeding where he is acting as an arbitrator except where,
under a settlement agreement, the parties agree to constitute the mediator as an arbitrator.
b. Threshold issues – issues on the jurisdiction of the arbitral tribunal over the claims and counterclaims
or the arbitrability of the claims or counterclaims, shall be resolved by the arbitral tribunal as threshold
issues if the parties so request, unless the issues are intertwined with the factual issues that they cannot be
resolve ahead of the hearing on the merits.
c. Hearing dates and postponements – arbitral tribunal shall in consulation with the parties fix the date
and time of hearings. The hearings shall not be postponed except with the conformity of the arbitrator and
for good and sufficient cause.
d. Default of the party – if the claimant fails to communicate his statement of claims, the tribunal shall
terminate the proceedings. If it is the respondent who fails to communicate his statement of defenses, the
arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the
claimant’s allegation. If any party fails to appear or produce evidence, he shall have deemed waived them.
 Domestic Arbitration
e. Decision on interlocutory – the arbitral tribunal may authorize its chairman to issue or release its
decision on interlocutory matters.
f. Consolidation or concurrent hearings – they may agree to consolidate the arbitration proceedings
with other arbitration proceedings or hold concurrent hearings.
g. Closure of hearing – no further motion, manifestation or submission maybe allowed except for post
hearing briefs and reply briefs, unless the tribunal, motu propio or upon the request of a party allows the
reopening of the hearing..
5. Rules on taking evidence – the following rules on reception as well as the processes that the tribunal
may employ in taking evidence:
 Rules on taking evidence
a. Testimonial evidence – witnesses shall be required to take an oath or affirmation to tell the truth. The
parties may also agree in writing to submit their dispute to arbitration other than by oral hearing.
b. Documentary evidence – the tribunal may require the parties to submit or produce such other
necessary documents.
c. Subpoena – the tribunal shall have the power to issue subpoena.
d. Expert – the tribunal may appoint one or more experts to report to it on specific issues, may require the
parties to submit relevant information or grant access to such expert and may grant the parties opportunity
to ask questions of the expert and present their own experts to testify on the points at issue. However in
domestic arbitration, upon the agreement of the parties, the finding of the expert engaged by the tribunal
shall be binging upon them and the tribunal.
e. Court assistance in taking evidence – the provisions of IRR on domestic arbitration specified some of
the modes.
 Domestic Arbitration
6. Decision – the decision of the tribunal shall be made by the sole arbitrator or unless otherwise agreed
upon by the parties, by the majority of the arbitrators in multi-arbitrator proceedings. However, questions
of procedure may be decided by the chairman of the tribunal if authorized by the parties or by all members
of the tribunal. The tribunal shall render its written award within 30days after the closing of the hearing,
submission of the parties’ briefs.
7. Form and content of the award – the award in domestic arbitration shall be in writing, signed by the
arbitrator, and shall state the rendition and the place of arbitration. The award need not be acknowledged
or sworn to unless required by the parties. The parties may require the tribunal to supply the omission
within 30days from receipt of the award.
8. Settlement – the proceedings will be terminated by the execution of an arbitral award on agreed terms.
9. Termination of the claim – unless the respondent objects for the purpose of prosecuting his
counterclaim or the tribunal recognizes a legitimate interest on his part in obtaining a final settlement of
the dispute.
Interim Measures
The parties to a domestic arbitration may seek from the arbitrator or tribunal interim measures including
preliminary injunction, appointment of receiver, detention of property and preservation and inspection.
Either party may also secure assistance from the courts for the implementation of interim measures.
Multi-party Arbitration

In a multi-party domestic arbitration, the tribunal is empowered to implement procedural modifications, as

it shall deem to appropriate to address the complexities of the multi-party arbitration.
Fees and Costs

The general rule is that the fees of the arbitrator in a domestic arbitration shall
be determined by the agreement of the parties in writing prior to the arbitration. In
default, the arbitrators’ fees shall be determined in accordance with the applicable
rules of the regular arbitration institution.
Amendment or Modification by Arbitral Tribunal
1. Under the arbitration agreement – if provided, the tribunal may cause the amendment.
2. Failure to resolve the issue – if the tribunal failed to resolve an issue, parties may ask for the
resolution.
3. Quantification of costs – if the tribunal made reservation in the final award, it may supplement the
award by such quantification, determination or apportionment.
4. Correction of typographical error and similar errors initiated by a party – a party may ask the
tribunal for the correction of the award within 30days from the receipt of the award and with notice to the
other party.
5. Interpretation of the award – within the same period, the parties may agree to request the tribunal to
give an interpretation on a specific point or part of the award.
6. Correction of the typographical errors initiated by the tribunal – within 30days from the date of the
award, the tribunal may motu propio correct any typographical error
7. Additional award – within 30days from receipt of the award, a party with notice to the other, may
request the tribunal to make an additional award as to claims presented in the arbitral proceedings but
omitted in the award. If justified, the tribunal shall make the additional award within 60days from the
receipt of the request.
Setting aside an Arbitral Award
1. Arbitral Award was procured by corruption, fraud or other undue means
2. Evident partiality or corruption in the tribunal or any of its members
3. Tribunal is guilty of misconduct or any form of misbehavior that has materially prejudiced the rights
of any party
4. Arbitrators were disqualified to act as such and wilfully refrained from disclosing such
disqualification
5. Arbitral tribunal exceeded its powers or so imperfectly executed them such that a complete, final and
definite award upon the subject matter submitted to it was not made
Confirmation of Domestic Arbitral Awards
Recognition of a domestic arbitral award is made by filing a motion for confirmation and securing an
entry of judgment from the court. An award in domestic arbitration is rendered by a Philippine arbitral
tribunal applying RP law. All that is required in order to enforce a domestic award is to have it confirmed
through a motion filed in court. Similar to ICA, proceedings for recognition and enforcement, vacation or
setting aside an award and any application for arbitration assistance, except appeal, shall be deemed as
special proceedings.