Mendoza, Charisse Mae V.

(2-C) 2002-15212 Checklist

Civil Procedure Arbitration Agreement

Domestic Arbitration  agreement to refer one or more or all issues arising in a dispute or during its pendency to other forms of ADR (Section 18, Chapter 3, RA 9285)  authority of the mediator to act as arbitrator, vice versa (only in Arbitration of Construction Disputes, Section 36, RA 9285)  agreement to settle by arbitration a controversy arising between them (Section 2, RA 876)  number of arbitrators (Section 5, RA 876)  method for naming or appointing an arbitrator/s (Section 8, RA 876)  agreement to allow the appointed arbitrator to select an additional arbitrator (Section 9, RA 876)  decide to arbitrate by a procedure other than oral hearing (Section 18, RA 876)  time within which arbitrators must render their award (Section 19, RA 876)

International Arbitration  agreement that the subject-matter of the arbitration agreement relates to more than one country (Article 1, paragraph 3 (c), UNCITRAL)  agreement to publish the arbitration proceedings, including the records, evidence and arbitral award (Section 23, RA 9285)  agreement to refer action already brought before a court to arbitration proceedings (Section 24, RA 9285)  Agreement to submit the dispute to institutional arbitration rules (Section 26, RA 9285); agreement to authorize a third party, including an institution, to make determination (Article 2 (d), UNCITRAL)  procedure to be followed in arbitration (Section 26, RA 9285; Article 19, paragraph 1, UNCITRAL; Rule 29, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID); arbitration rules (Article 2(e), UNCITRAL; Article 44, Convention of the Settlement of Investment Disputes)  place of arbitration (Section 30, RA 9285; Article 1, paragraph 3(b)(i), and Article 20, paragraph 1, UNCITRAL; Article 63, Convention of the Settlement of Investment Disputes, Rule 13, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID)

 language/s to be used in the arbitral proceedings (Section 31, RA 9285; Article 22, paragraph 1, UNCITRAL; Rule 22, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID)  Court/s or other authority competent to perform the following functions (Article 6, UNCITRAL): a. appoint third arbiter in case the two arbitrators appointed by the parties fail to agree on the appointment (Article 11, paragraph 3, UNCITRAL) b. take necessary measures in situations enumerated in Article 11, paragraph 4, UNCITRAL c. decide on challenge of an arbitrator (Article 13, paragraph 3 UNCITRAL) d. decide on termination of the mandate of the arbitrator for failure or impossibility to act (Article 14, UNCITRAL) e. to decide on request of a party to decide on the jurisdiction of the arbitral tribunal (Article 16, paragraph 3, UNCITRAL) f. set aside an arbitral award (Article 34, paragraph 2, UNCITRAL)  number of arbitrators (Article 10, Paragraph 1, UNCITRAL; Article 37, paragraph 2(b), Convention of the Settlement of Investment Disputes; Rule 1, paragraph 2, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID)  procedure of appointing the arbitrator or arbitrators (Article 11, paragraph 2, UNCITRAL; Article 37, paragraph 2(b), Convention of the Settlement of Investment Disputes; Rule 1, paragraph 2, Rules of Procedure for Arbitration Proceedings (the ArbitrationRules) of ICSID))  if only 1 arbitrator, appointment of the arbitrator (Article 11, paragraph 3(b), UNCITRAL; Rule 1, paragraph 3, Rules of Procedure for Arbitration Proceedings (the ArbitrationRules) of ICSID)  qualifications of an arbitrator (Article 11, paragraph 5, UNCITRAL)  procedure on challenging an arbitrator (Article 13, paragraph 1, UNCITRAL)  date of commencement of arbitral proceedings (Article 21, UNCITRAL)  period upon which the claimant could state the facts supporting his claim, and the respondent could state his defense (Article 23, paragraph 1, UNCITRAL)  required elements of statements of claim and defense (Article 23, paragraph 1, UNCITRAL)  agreement to allow amendment of supplementation of claim or defense during the course of the arbitral proceedings (Article 23, paragraph 2, UNCITRAL)  decide whether the arbitral tribunal would hold oral hearings or proceedings would be conducted on the basis of documents, or that no hearings would be held (Article 24, paragraph 1, UNCITRAL); whether the tribunal would call upon the parties to produce documents or other evidence and to visit the scene connected with the dispute and 2

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conduct such inquiries (Article 43, Convention of the Settlement of Investment Disputes) decide the consequence upon default of a party (Article 25, UNCITRAL) participation of an expert to report on specific issues in the arbitration (written or oral report), and participation in the hearing (Article 26, UNCITRAL) law to be applied by the arbitral tribunal (Article 28, paragraph 2, UNCITRAL; Article 42, paragraph 1, Convention of the Settlement of Investment Disputes) Determination of any incidental or additional claims or counterclaims by the Tribunal (Article 46, Convention of the Settlement of Investment Disputes; Rule 40, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID) Determination by the Tribunal of provisional measures taken to preserve the respective rights of either party. (Article 47, Convention of the Settlement of Investment Disputes) Procedure for making preliminary objections (Rule 41, Paragraph 5, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID) to agree not to comply with an order of the arbitral tribunal to take interim measures of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute (Section 29, RA 9285) number of members of the Tribunal who are required to be present at the sittings (Rule 14, Rules of Procedure for Arbitration Proceedings (the Arbitration Rules) of ICSID) manner upon which the panel of arbitrators would decide (number of votes necessary for a granting an award) (Article 29, UNCITRAL) agreement that no reason would be given in the arbitral award (Article 31, paragraph 2) authority of the arbitral tribunal to decide ex acquo et bono or as amiable compositeur (Article 28, paragraph 3, UNCITRAL; Article 42, paragraph 3, Convention of the Settlement of Investment Disputes) period upon which an award may be corrected or interpreted by the tribunal (Article 33, paragraph 1, UNCITRAL) period upon which the parties may request an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the award (Article 33, paragraph 3, UNCITRAL) Assessment of expenses incurred in connection with the proceedings and how and by whom those expenses, the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid (Article 61, Convention of the Settlement of Investment Disputes)

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