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International
commercial arbitration
 Chapter IV.
Jurisdiction of
arbitral
tribunal
Article
UNCITRAL
16. Competence
MODEL LAW ON
INTERNATIONAL
COMMERCIAL
ARBITRATION
of arbitral
 Article 16. Competence of arbitral tribunal
to rule
(1) on its
The arbitral jurisdiction.
tribunal may rule on its own jurisdiction, including
any objections with respect to the existence or validity of the
arbitration agreement.
A decision by the arbitral tribunal that the contract is null and void
shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction shall be
raised not later than the submission of the statement of defense. 
(3) The arbitral tribunal may rule on a plea referred to in paragraph
[2] of this article either as a preliminary question or in an award on
the merits. 
 Article 16. Competence of arbitral tribunal
to rule on its jurisdiction.
(2) A plea that the arbitral tribunal does not have jurisdiction
shall be raised not later than the submission of the statement of
defense. 
(3) The arbitral tribunal may rule on a plea referred to in
paragraph (2) of this article either as a preliminary question or in
an award on the merits. 
Power
 Chapter IV.
Jurisdiction of
arbitral
tribunal
Article 17.
UNCITRAL
Power of
MODEL LAW ON
INTERNATIONAL
COMMERCIAL
ARBITRATION
arbitral
Article 17. power of arbitral tribunal to order
interim measures.

Unless otherwise agreed by the

parties, the arbitral tribunal may,
at the request of a party, order
any party to take such interim
Domestic arbitration
 Construction industry
arbitration commission (CIAC)
Jurisdiction of (CIAC)
(R.A. 9285)
   The CIAC shall have original and
exclusive jurisdiction over
construction dispute, which arose
from, or is connected with contracts
entered into by parties involved in
construction in Philippines, whether
 Coverage of construction
 dispute
     Construction dispute shall
include those between or among
parties to, or who are otherwise
bound by, an arbitration agreement,
directly or by reference, whether
such parties are project owner,
Conditions before CIAC may
Acquire Jurisdiction.
(1) Such arbitration agreement or subsequent
submission must be alleged in the Complaint. 
(2) If the Complaints is filed without the required
arbitration clause or subsequent submission, the
CIAC Secretariat shall within three days from such
filing, notify the Respondent that, if he/it is willing to
have the dispute be resolved by arbitration, such
agreement must be clearly expressed in the Answer.
Will CIAC Continue to Exercise
Jurisdiction over Construction
Dispute although the Arbitration
is Commercial?
 Yes!
      CIAC shall continue to
exercise original exclusive
jurisdiction over construction
dispute although the arbitration
Is there any dispute which
are excluded from the
coverage of CIAC
Jurisdiction? 
 Yes!

    Dispute arising from

employer-employer relationship,
which shall continue to be
covered by the Labor Code of
May the Appointed
Tribunal Resolve a Motion
to Dismiss based on Lack
of Jurisdiction? 
 Yes!

     A motion to dismiss based on

lack of jurisdiction shall be
resolved by the appointed
arbitral tribunal. 
Do the following acts
constitute as a Waiver of
Jurisdiction challenge? 
A party does not waive its right to challenge
the jurisdiction of CIAC by any of the
following acts:
A. Participating in the nomination process including challenging
the qualification of a nominee;
B. Praying for extension of time to file appropriate
pleading/motion to dismiss;
C. Opposing an application for interim relief;
D. Filling of a motion to dismiss/suspend.
What court has
jurisdiction over
arbitration?
r.a.
876:
• Section 22. Arbitration deemed a special proceeding. -
Arbitration under a contract or submission shall be
deemed a special proceeding, of which the court specified
in the contract or submission, or if none be specified, the
Court of First Instance for the province or city in which
one of the parties resides or is doing business, or in which
the arbitration was held, shall have jurisdiction.