Professional Documents
Culture Documents
The Arbitral
Award in
International
Commercial
Arbitration
DEFINITION OF
INTERNATIONAL
COMMERCIAL
ARBITRATION
Article 1, paragraph 3 of the UNCITRAL Model
Law on International Commercial Arbitration
(Model Law) states that:
A B
Petition to
Petition to
recognize
set aside
and enforce
(i). A party to the arbitration agreement 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 thereof, under Philippine law; or
(ii). The party making the application to set aside or resist enforcement 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; provided that, if the
decisions on matters submitted to arbitration can be separated from those
not so submitted, only that part of the award which contains decisions on
matters not submitted to arbitration may be set aside or only that part of the
award which contains decisions on matters submitted to arbitration may be
enforced; or
(iv). The composition of the arbitral tribunal or the arbitral procedure was not
in accordance with the agreement of the parties, unless such agreement was
in conflict with a provision of Philippine law from which the parties cannot
derogate, or, failing such agreement, was not in accordance with Philippine
law;
In deciding the petition, the Court shall disregard any other ground to set
aside or enforce the arbitral award other than those enumerated above.
Rule 12.9. If the court finds from the petition or petition in opposition thereto that there
Submissio are issues of fact relating to the ground(s) relied upon for the court to set
aside, it shall require the parties within a period of not more than fifteen (15)
n of days from receipt of the order simultaneously to submit the affidavits of all of
document their witnesses and reply affidavits within ten (10) days from receipt of the
affidavits to be replied to. There shall be attached to the affidavits or reply
s affidavits, all documents relied upon in support of the statements of fact in
such affidavits or reply affidavits.
-If on the basis of the petition, the opposition, the affidavits and reply
affidavits of the parties, the court finds that there is a need to
conduct an oral hearing, the court shall set the case for hearing. This
case shall have preference over other cases before the court, except
Rule criminal cases. During the hearing, the affidavits of witnesses shall
take the place of their direct testimonies and they shall immediately
12.10. be subject to cross-examination thereon. The court shall have full
Hearing control over the proceedings in order to ensure that the case is
heard without undue delay.
The court when asked to set aside an arbitral award may, where appropriate
and upon request by a party, suspend the proceedings for a period of time
determined by it to give the arbitral tribunal an opportunity to resume the
arbitral proceedings or to take such other action as in the arbitral tribunals
opinion will eliminate the grounds for setting aside. The court, in referring
the case back to the arbitral tribunal may not direct it to revise its award in a
particular way, or to revise its findings of fact or conclusions of law or
otherwise encroach upon the independence of an arbitral tribunal in the
Rule 12.11. making of a final award.
Suspension
of The court when asked to set aside an arbitral award may also, when the
proceedings preliminary ruling of an arbitral tribunal affirming its jurisdiction to act on the
to set aside matter before it had been appealed by the party aggrieved by such
preliminary ruling to the court, suspend the proceedings to set aside to
await the ruling of the court on such pending appeal or, in the alternative,
consolidate the proceedings to set aside with the earlier appeal.
Rule 12.14. Costs. - Unless
otherwise agreed upon by the
parties in writing, at the time
the case is submitted to the
court for decision, the party
praying for recognition and
enforcement or setting aside of
an arbitral award shall submit a
statement under oath
confirming the costs he has
incurred only in the proceedings
for such recognition and
enforcement or setting aside.
The costs shall include the
attorneys fees the party has
paid or is committed to pay to
his counsel of record.