2

nd
Re
po
rte
r
Alternative Dispute
Resolution
Sections 18-31 of RA 9285
Or 2.12-4.09 from the book
Referr of Dispute to other ADR
al Forms
The evaluation of a third
person or
Section 18

A mini-trial

Mediation-arbitration, or a
combination thereof.
 International Commercial
Arbitration
• International
• It is used as an
commercial
alternative to
arbitration is a
litigation and is
means of
controlled
resolving
primarily by the
terms previously disputes
agreed upon by arising
the contracting under
parties, rather internationa
than by national l commercial
legislation or contracts. 
 Section 19

A
Doption of Model
On International Commercial
Arbitration
Law

International
commercial
arbitration shall be
governed by the
Model Law on
International
Commercial
Arbitration
• It constitutes a sound basis for the
desired harmonization and Model
improvement
• It of theof
covers all stages national laws.
the arbitral
process from the arbitration
Law
agreement to the recognition and
Was
enforcement of the arbitral awards adopted by
and reflects a worldwide consensus the United
• on the a
principles Nations
It sets standardandandimportant
serves asissues
of international arbitration practice.
guide. Commissio
• In the Philippines, the Republic Act n on
9285 incorporated the UNCITRAL Internation
Model Law, as evidenced by Sections
al Trade
19 and 20 of Chapter 4 of the latter
Law
law.
(UNCITRAL)
 Section 20

Interpretation
The literary meaning
of Model Law
preparatory
• isRegard shall be had to its international origin and
works
to the. need
It constitutes
for uniformity in its interpretation and
the materials
resort may be used
madein to the travaux
Travauxpreparatories
preparing the of the Secretary General of the
and the report preparatoires
ultimate form of Commission
United Nations an on Interntional Trade
agreement
Law. or
statute, especially of
an international
treaty. 
 Commercial Sec 21

Arbitration
If it covers matters arising from all relationships of a
commercial nature whether contractual or not.
• Any trade • Distributio • Constructi • Commercial
transaction for the n of on of representatio
supply or exchange Agreemen works n or agency
of goods or services; t

• Factoring; • Engineering• Financing • Joint Venture and other

• Leasing • Licensing • Banking forms of industrial or
• Consulting• Investment • Insurance business cooperation;
carriage of goods or
passengers by air, sea,
rail or road
 Which arbitration organizations are
commonly used to resolve large
commercial disputes?
• The Construction Industry Arbitration
Commission (CIAC) and the Philippine Dispute
Resolution Center Inc (PDRCI).
• Arbitration proceedings in the CIAC have been
considered by the Philippine Supreme Court as
part of traditional judicial proceedings.
Therefore, the decisions of CIAC may be
appealed to the Court of Appeals and
 Which arbitration organizations are
commonly used to resolve large
commercial disputes?

• PDRCI is the arbitral organization that most

commonly administers arbitration
proceedings, involving all kinds of subject
matter (with the exception of construction
contracts).
 Section 22

Any person of his choice.

Who may -Such representative, unless
represent a admitted to the practice of law
party in an in the Philippines shall not be
Internation authorized to appear as counsel
al in any Philippine Court, or any
Arbitration? other quasi-judicial body
whether or not such appearance
is in relation to the arbitration in
 Nature of Arbitration
Proceedings
Section 23

Confidential and not be published

Includes the records, evidence and the

arbitral award
Except : (1) with the consent of the
parties
(2) For the limited purpose of
disclosing to the court of relevant
documents in cases where resort to the
court is allowed herein.
 What is the scope of
confidentiality?
• Communications (oral or written)
made in a dispute resolution
proceedings, including memoranda,
notes or work products of the
neutral party or non-party
participant.
• Pleadings, motions manifestations,
witness statements, reports filed or
 Who is the subject to the
obligation?
The restriction on confidentiality
applies to all the participants in
the arbitration proceedings,
including parties, arbitrators and
non-party participants such as
witnesses, resource persons or
experts and institutions.
Referral to Arbitration
Section 24

A court before which an action is

brought in a matter which is the subject
matter of an arbitration agreement
shall, if at least one party so requests
not later than 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
 Interpretation
Section 25

of the Act
The court shall have due regard
1 to the policy of the law in favor
of arbitration.
Arbitration agreements cannot
be defeated by impleading or
joining either as plaintiff or
2 defendant a person who was
not a party to the arbitration
agreement.
 Appointing Authority
Section 26

Shall mean the 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.
 Functions Performed by
Appointing Authority
Section 27

The functions referred to in Articles

11(3), 11(4), 13(3) and 14(1) of the
Model Law shall be performed by the
Appointing Authority, unless the latter
shall fail or refuse to act within thirty
(30) days from receipt of the request in
which case the applicant may renew the
application with the Court.
 Functions Performed by
Appointing Authority
Section 27

Article 11 (3): Failing such agreement,

(a) in an arbitration with three arbitrators, each party
shall appoint
one arbitrator, and the two arbitrators thus
appointed shall appoint the third arbitrator; if a party
fails to appoint the arbitrator within thirty days of
receipt of a request to do so from the other party, or
if the two arbitrators fail to agree on the third
arbitrator within thirty days of their appointment, the
appointment shall be made, upon request of a party,
by the court or other authority specifi ed in article 6;
(b) in an arbitration with a sole arbitrator, if the
 Functions Performed by
Appointing Authority
Section 27

Article 11 (4): Where, under an appointment

procedure agreed upon by the parties,
(a) a party fails to act as required under such
procedure, or
(b) the parties, or two arbitrators, are unable to reach
an agreement expected of them under such
procedure, or
(c) a third party, including an institution, fails to
perform any function entrusted to it under such
procedure,
any party may request the court or other authority
specified in article 6 to take the necessary measure,
 Functions Performed by
Appointing Authority
Section 27

Article 13 (3): If a challenge under any procedure

agreed upon by the parties or under the
procedure of paragraph (2) of this article is not
successful, the challenging party may request,
within thirty days after having received notice of
the decision rejecting the challenge, the court or
other authority specified in article 6 to decide on
the challenge, which decision shall be subject to
no appeal; while such a request is pending, the
arbitral tribunal, including the challenged
arbitrator, may continue the arbitral proceedings
 Functions Performed by
Appointing Authority
Section 27

Article 14 (1) : If an arbitrator becomes de jure

or de facto unable to perform his functions or
for other reasons fails to act without undue
delay, his mandate terminates if he withdraws
from his office or if the parties agree on the
termination. Otherwise, if a controversy
remains concerning any of these grounds, any
party may request the court or other authority
specified in article 6 to decide on the
termination of the mandate, which decision
 Grant of Interim Measure of
Protection
“It is not incompatible with the an
Section 28
arbitration agreement for a party
to request, before constitution
of the tribunal, from a Court an
interim measure of protection and
for the Court to Grant such
measure””
 Grant of Interim Measure of
Protection
If an interim measure of
protection issued by the
Section 28
arbitral tribunal shall, upon its
issuance, be deemed to have ipso
jure(by the law itself) modified,
amended, revised or revoked an
interim measure of protection
previously issued by the court
in case of inconsistencies between
the two,  such inconsistency is
 Grant of Interim Measure of
Protection
The following rules on interim or
provisional relief shall be observed:
Section 28
(1) Any party may request that
provision relief be granted against
the adverse party:
(2) Such relief may be granted:
(i) to prevent irreparable loss or
injury;
(ii) to provide security for the
performance of any obligation;
 Grant of Interim Measure of
Protection
(iii) to produce or preserve any
Section 28 evidence; or
(iv) to compel any other
appropriate act or omission.

(3) The order granting provisional

relief may be conditioned upon the
provision of security or any act or
omission specified in the order.
 Grant of Interim Measure of
Protection
(4) Interim or provisional relief is
Section 28 requested by written application
transmitted by reasonable means to
the Court or arbitral tribunal as the
case may be and the party against
whom the relief is sought,
describing in appropriate detail the
precise relief, the party against
whom the relief is requested, the
 Grant of Interim Measure of
Protection
(5) The order shall be binding
Section 28 upon the parties.
(6) Either party may apply with
the Court for assistance in
Implementing or enforcing an
interim measure ordered by an
arbitral tribunal.
 Grant of Interim Measure of
Protection
(7) A party who does not comply
Section 28 with the order shall be liable for
all damages resulting from
noncompliance, including all
expenses, and reasonable
attorney's fees, paid in obtaining
the order's judicial enforcement.
 When may a request for
interim measure be made?
Section 28

After a constitution of the

arbitral tribunal and during
arbitral proceedings, a request for
an interim measure of protection or
modification thereof, may be made
with the arbitral tribunal or to the
extent that the arbitral tribunal has no
 When is the Arbitral Tribunal
deemed constituted?
Section 28

When the sole arbitrator or

the third arbitrator who has ADR
been nominated, has
accepted the nomination
and written communication
of said nomination and
acceptance has been
received by the party
 Further Authority for Arbitrator
to Grant Interim Measure of
Protection
Unless otherwise agreed by the
S
E
C
parties, the arbitral tribunal may, at the
T
I
request of a party, order any party to
O take such interim measures of
N
protection as the arbitral tribunal may
2
9 consider necessary in respect of the
subject matter of the dispute following
the rules in Section 28, paragraph 2.
 What interim remedies are
available from the tribunal?
S
E The interim measures include but are
C
T not limited to:
I
O • Preliminary injunctions directed
N
against a party.
2
9 • Appointment of receivers.
• Detention, preservation or inspection
of property that is the subject of the
dispute in arbitration.
 Place Your Picture Here
and send to back

Venue of Arbitration
S
Proceedings AWESOME
The parties are free to agree on the
E
C
T place of arbitration. Failing such
PRESENTATION
I
O agreement, the place of arbitration EASY TO CHANGE COLORS, PHOTOS.

N
3 shall be in Metro Manila, unless the
We Create Quality Professional
PPT Presentation
0
arbitral tribunal, having regard to the
circumstances of the case, including
the convenience of the parties shall
decide on a different place of RESTAURANT
 Place Your Picture Here
and send to back

Venue of Meeting
S
E
AWESOME
The arbitral tribunal may, unless
C
T otherwise agreed by thePRESENTATION
parties,
I
O meet at any place it considers EASY TO CHANGE COLORS, PHOTOS.

N
3 appropriate for consultation
We Create Quality Professional
PPT Presentation
0
among its members, for hearing
witnesses, experts, or the parties, or
for inspection of goods, other property
or documents. RESTAURANT
 Language The parties are free to
of the agree on the language or
Arbitration languages to be used in the
arbitral proceedings. Failing
such agreement, the
language to be used shall be
English in international
arbitration, and English or
Filipino for domestic
Section 31
arbitration, unless the arbitral
tribunal shall determine a
 Language
of the
Arbitration This agreement or
determination, unless
otherwise specified therein,
shall apply to any written
statement by a party, any
hearing and any award,
decision or other
communication by the
Section 31
arbitral tribunal.
 Language
of the
Arbitration The arbitral tribunal may
order that any documentary
evidence shall be
accompanied by a translation
into the language or
languages agreed upon by
the parties or determined in
Section 31
accordance with paragraph 1
of this section.
 ADR

Thank you!