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Adr and Arbitration in The Philippines: A Lecture By: Atty. Victor P. Lazatin
Adr and Arbitration in The Philippines: A Lecture By: Atty. Victor P. Lazatin
IN THE PHILIPPINES
A Lecture by:
ATTY. VICTOR P. LAZATIN
Primary Domestic Sources
of Arbitration Law
A. Republic Act 9285 (RA 9285) – “The ADR Act of 2004”
which is UNCITRAL based. For international arbitration,
the UNCITRAL MODEL LAW was adopted as an Annex to
the law and the “travaux preparatories” were expressly
referred to in interpreting the same.
1. Neutrality of Arbitrators
2. Technical Expertise of Arbitrators
3. Privacy and Confidentiality
4. Speed of the Disposition
5. Non-Formal and More Flexible Procedure
6. Flexibility in the Choice of Law/s
7. Better Enforcement of Arbitral Awards vs. Judicial
Decisions
Advantages of Arbitration
1. Neutrality
- Freedom of Choice
- Confidentiality
- Protective orders
Advantages of Arbitration
Confidentiality of Arbitration Proceedings
A. Due principally to
i. Expertise of Arbitrators
ii. Non-Formal and More Flexible Procedures
iii. No clogged dockets
iv. Good case management in
Institutional/Administered Arbitration (vs. Ad Hoc
Proceedings)
Advantages of Arbitration
1. By Challenging Party:
Advantages of Arbitration
i. Incapacity of a Party to, and Invalidity of,
Arbitration Agreement
ii. No proper notice/Inability to present case
iii. Beyond Scope of Arbitration Agreement
iv. Composition of Arbitral Tribunal not in accord
with Agreement/Law of Place of Arbitration
v. Award not yet binding or final
i. Non-arbitrable matters
ii. Contrary to Public Policy
Advantages of Arbitration