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Philippine Institute of Arbitrators

Involved in Arbitration / ADR?

We know the different processes.

We can help you dissect and analyze them,


refine and combine them, and create hybrid
procedures to make them suitable for
particular relationships, as well as to develop
strategies and point you to the right direction.
INITIATING AN ARBITRATION

by

MARIO E. VALDERRAMA LLB, FCIARb, FHKIArb, FPIArb


ADR Adviser to the Construction Industry Arbitration Commission
CIArb Approved Tutor
CIAC, PDRCI & WESM Arbitrator
Contact Details
Tel No 367 4001; Telefax 362 1867
Mobile 0917 4114 594
E-mail <marval.law@gmail.com>
MATTERS TO CONSIDER

 TIME BARS

 Contractual
 Statutory (usually defaults)

 Type of Arbitration

 Ad hoc – follow the lex arbitri


 Institutional – follow the rules of the institution
COMMENCING AN AD HOC
ARBITRATION
 Usually the procedure is as follows:

 Send a Notice (Request, Demand) of Arbitration to the opposing


party, briefly describing the dispute, nominating an arbitrator and
requiring the other party to nominate its own arbitrator within a
statutory time period;

 To commence the procedure for designation of the arbitral tribunal,


as provided in the arbitration agreement; and

 To require the opposing party to appoint or to concur in the


appointment of an arbitrator.

 Redfern and Hunter on International Arbitration, pages 244 - 245


COMMENCING AN AD HOC
ARBITRATION
 Under Philippine Law

 “Unless otherwise agreed by the parties, the


arbitral proceedings in respect of a particular
dispute commence on the date on which a request
for arbitration is received by the respondent.”
(Model Law Art. 21).
COMMENCING AN INSTITUTIONAL
ARBITRATION
 Generally, their rules provide for the date when an arbitration is
deemed commenced.

 In ICC: “The date on which the Request is received by the


Secretariat shall, for all purposes, be deemed to be the date of
commencement of the arbitral proceedings.” (ICC Rules, Art.
4.2.)

 In PDRC: “The arbitration shall be deemed to commence on the


date when PDRCI receives the Notice of Arbitration and the
payment of the Filing Fee in accordance with the Guidelines on
Fees, whichever is later.” (PDRC Rules, Art. 4).

INITIATING AN ARBITRATION

QUESTIONS?
Comments and suggestions, critical,
adverse or otherwise, welcomed.
I would love to hear from you if you noticed
any error or omission, or if you have any
suggestion on how to improve, this
presentation.
E-mail to marval.law@gmail.com. Visit our
website at <www.philippinearbitrators.org>.
WANT TO KNOW MORE?
Attend our courses and seminars
Contact us for schedules.
Visit us at [www.philippinearbitrators.org]

Philippine Institute of Arbitrators


c/o Atty. Mario E. Valderrama
Tel. No. (632) 367 4001
Mobile 0917 4114 594
E-mail: marval.law@gmail.com