Documente Academic
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Palacios
Transcribers:
Can there be an appointment of arbitrator or conciliator of the parties having disagreed to it? None Can the court come in to appoint an arbitrator or conciliator? No As a rule, who creates an appointment of arbitrators and conciliators? The parties, the consent of the parties are of primary importance when it comes to arbitration or conciliation, because without such consent, the parties are not bound by the acts of an arbitrator or
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Who are the people who are supposed to practice them? ADR practitioners How would we consider a party who is designated as an ADR provider? Is it an ordinary person who provide an ADR service or there is an appointment of that person? Who is an ADR
of the award, the court may allow the partyapplicant to present evidences apart from the previous evidences presented. In a separate case that existed between A and B, who has a case in that court that directed them to go to arbitration, they needed evidence as well in that separate case involving other issues, can any of these parties serve a request for discovery (mode of discovery)? Can anyone of the parties file a petition to take deposition of any of the parties with respect to the testimony they have given before the arbitrator/during arbitration proceedings No, they are considered confidential How about the records presented by the parties as documentary exhibits in that arbitration? It is included as confidential How about the pleadings? It is included as confidential Those testimonies, records and pleadings in the arbitration proceedings cannot be used in a separate proceeding Is there an exception? Yes, if the parties agreed to waive the confidentiality of the evidence presented. Who are the parties that will agree? The disputing parties, the non-participating party in connection of the information is provided by such nonparty participant.
(a) There is no privilege against disclosure under Section 9 if mediation communication is: (1) in an agreement evidenced by a record authenticated by all parties to the agreement; (2) available to the public or that is made during a session of a mediation which is open, or is required by law to be open, to the public; (3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence; (4) internationally used to plan a crime, attempt to commit, or commit a crime, or conceal an ongoing crime or criminal activity; (5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a public agency is protecting the interest of an individual protected by law; but this
Is there any qualification for the participation of the lawyer during the mediation or arbitration? If there is no prohibition or limitation imposed by the parties to the lawyers, the lawyers can act for the interest of his client in the same way he would act in a civil case. If there is mediation, and the parties were persuaded by the mediator to conclude and settle the case, who is going to prepare the settlement agreement? A settlement agreement following successful mediation shall be prepared by the parties with the assistance of their respective counsel, if any, and by the mediator. What should be stated in that settlement? The parties and their respective counsels, if any, shall sign the settlement agreement. The mediator shall certify that he/she explained the contents of the settlement agreement to the parties in a language known to them. Duty of the mediator/conciliator To certify that he/she explained the contents of the settlement agreement to the parties in a language known to them. ADR3 Is there a difference between early neutral evaluation and mini-trial? Early Neutral Evaluation means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute Mini-Trial means a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement The difference lies is in ENE, there is a nonbinding assessment while in MT there is a negotiated settlement. The resolution in ENE is not binding upon parties. What is the purpose of the nonbinding assessment? A guide for the parties not to proceed anymore with the case in court In the case of Mini Trial, the resolution is binding upon parties and it is enforceable upon them. Both parties requested and the mini trial is conducted, then it may result to negotiated
(5) any persons hired or engaged in connection with the mediation as secretary, stenographer, clerk or assistant; and (6) any other person who obtains or possesses confidential information by reason of his/her profession. Suppose a lawyer of one of the mediating parties, who negligently left his attach in a table which contains the records of the case, such attach was taken by a hotel boy or attendant, he opened such attach and learned a lot of things from the records, then such attendant ask a journalist to publish what he had known, is the attendant covered? No, the disqualification provided for by law refers to acquisition of the knowledge thru an exercise of one profession in relation to mediation proceedings Can the parties waived the confidentiality or the privilege attach to the information acquired in mediation? Yes. Under what situation that they can waive the privilege? If one party discloses such information to the court Who can waived this confidentiality or privilege? The parties in dispute Mediator Non-party participants Suppose a lawyer of one of the parties who participated in the mediation proceedings, submit to the court during the court proceedings a documents or exhibit gathered in mediation proceedings but there was a timely objection by the other party contending that it cannot be submitted because it is a record coming from the mediation proceedings hence confidential and privilege, is the court confined to sustain such objection? Yes When is a document or exhibits be considered as a part of the records that is affected by the confidentiality or privilege? When there is no objection on the part of the other party, which is deemed a waiver If an evidence is acquired during mediation, and such evidence will be made to apply to inflict injury to someone else, is that evidence covered by the confidentiality? No If an evidence falls under the exceptions provided for by law, there is no need for timely objection. It automatically forms part of the evidence or record and cannot be excluded by the confidentiality
The information that is gathered in mediation is confidential and privilege, meaning to say it cannot be a subject of disclosure. What are the 2 modes of disclosure in this case? Discovery- Modes of Discovery o Depositions either oral or written o Request for admission Presentation of records and testimonies Who are the persons affected by this privilege? (1) the parties to the dispute; (2) the mediator or mediators; (3) the counsel for the parties; (4) the nonparty participants;
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the consequence of that statement of the mediator which was unfinished, if u were the judge, will u allow the mediator to continue his testimony? I will allow the continuation of the testimony for the purpose of complete understanding of the previously disclosed communication given by the mediator. The mediator cannot be subpoenaed to bring the records of the mediation proceedings The neither of the parties can be subpoenaed to bring the records of the proceedings The nonparty participants cannot be subpoenaed to bring the records of the proceedings The parties agreed to appoint a mediator, what should the mediator suppose to do? Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) make an inquiry that is reasonable under the circumstances to determinate whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and any existing or past relationship with a party or foreseeable participant in the mediation; and (2) disclosure to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation. Suppose that the proposed mediator did not disclose any of the matters that he is supposed to disclose, and as a consequence of that, he was appointed as a mediator, immediately the parties knew such failure to disclose in the middle of the mediation proceedings, what can the party do? The party can remove the mediator and substitute another one Failure of the party to remove the mediator means there is a waiver Can the parties ask the mediator to establish his qualification? At the request of a mediation party, an individual who is requested to serve as mediator shall disclose his/her qualifications to mediate a dispute. Who should determine the qualifications of the mediator? The parties on their agreement
petition, in accordance with such rules of procedure as may be promulgated by the Supreme Court. ADR4 What will be the ground of the parties for the enforcement of the mediation settlement? Failure to comply with such mediation settlement will give the right to the parties to go to court for the enforcement of that mediation settlement.
DIFFERENCE BETWEEN ARBITRATION AND MEDIATION Mediation Mediation settlementAs a rule a mediator cannot make an award but the mediation settlement can be an award provided that it is reduced into writing signed by the parties and their counsel and the mediator. Such mediation agreement can be an award when there is a failure of the parties to comply with the mediation settlement. Such failure to comply with such mediation settlement will give the right to the parties to go to court for the enforcement of that mediation settlement. Appointed parties by the Arbitration Arbitral award
Resolution
Appointed by the parties, when the situation falls to an agreement that only one arbitrator to settle their dispute, but in case where the parties agrees to appoint each arbitrator of their own choice, then the 2 appointed arbitrator will rd appoint he 3 arbitrator
Elements of Arbitration The parties have mutually agreed to submit their dispute to selected persons whose determination is to be accepted as a substitute for the judgment of a court There is an actual dispute or matter in controversy The dispute or matter in controversy is capable of being referred to arbitration The parties agreed to go to arbitration in their contract in the event that a dispute would arise between them, there is that particular clause in the agreement of the parties to go to arbitration, what do u call that clause? Arbitration Clause Upon the rise of the dispute the arbitration clause becomes enforceable. The parties can invoke the arbitration clause upon the existence of the dispute arising from their contract. Suppose there a dispute already between the parties, and they agreed to go to arbitration, is there a need for them to draft contract an arbitration clause so that they can go to arbitration? No need, the parties may submit to the arbitration of one or more arbitrators any controversy existing between them at the time of the submission and which may be the subject of an action. It is called submission agreement Submission agreement is when the parties immediately submit in writing their dispute to arbitration that particular issue between them had arisen already. Arbitration clause refers to future controversies arising from the contract they executed. A contract to arbitrate a controversy thereafter arising between the parties, as well as a submission to arbitrate an existing controversy shall be in writing and subscribed by the party sought to be charged, or by his lawful agent. What should have the particular character that has arisen between parties? It must an actual controversy between the parties arising from a previous contract or relation between them.
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Wahl vs Donaldon
Facts: Wahl and Donald Sims Co. entered in a lease contract whereby Wahl leased to Donaldon, Sins Co. a certain ship for the term of six months, under which contract the Wahl claimed that Donaldon Sims Co. were indebted to them a balance of a certain sum in money. Suit was instituted but the defendants failed to answer the complaint. A judgment was rendered by default against the defendants in favor of the plaintiffs. The defendants made an application to the Court of First Instance for a new trial. Motion for a new trial was granted by the Court of First Instance, and the judgment by default against the defendants was set aside. After the granting of the motion for a new trial a demurrer was made by the defendants to the complaint which presented the question of the competency of the Court of First Instance to try the case. The objection was based upon the grounds that there was a provision contained in the contract that should arise any difference of opinion between the parties to the
Discussion: there is nothing wrong when the parties go first to arbitration (condition precedent) before the can go to court. The SC recognizes the right of the parties to obtain an arbitral award before enforcing it to court in the event that if one of the parties failed to respect the arbitral award. Arbitration is considered as a mode of settling a dispute. What are the advantages of going to an ADR? Convenience Less expensive The ADR practioners are experts in technical matter as compare to judges of court who have less knowledge in the technical know-how to resolve economic and technical issues There is privacy in settling the dispute as compare to going to court whereby it is open to the public In ADR, it prevents rupture of relationship between parties as compare to courts where the environment of having lawyers and judges tends to rupture the relationship between parties In ADR, such proceedings are not bound by the strict Rules of Court specifically exclusionary rules of evidence. The basis of the resolution or judgment provided by the ADR practioners is on the ground of equity, fairness and justice. Suppose the ADR practitioners committed a serious legal error in his judgment, what is the remedy of the parties? The parties are allowed to appeal in cases of legal errors submitted by the ADR practitioner When we speak of commercial arbitration, what particular aspect are we referring? An arbitration is "commercial" if it covers matters arising from all relationships of a commercial nature, whether contractual or not. If a business transaction dispute was submitted to arbitration there will economic consequences Relationships of a transactions extends to: any trade transaction for the supply or exchange of goods or services; distribution agreements; construction of works; commercial representation or agency; factoring; leasing, consulting; engineering; licensing; investment; financing; banking;
What law will govern in cases of International Commercial Arbitration? Model Law on International Commercial Arbitration (the "Model Law") adopted by the United Nations Commission on International Trade Law What law will govern in Domestic Arbitration? Republic Act 876 If there is deficiency in Republic Act 876, such deficiency may be referred to the Model law In international arbitration conducted in the Philippines, a party may be represented by any person of his choice. Provided, that such representative, unless admitted to the practice of law in the Philippines, shall not be authorized to appear as counsel in any Philippine court, or any other quasijudicial body whether or not such appearance is in relation to the arbitration in which he appears. ADR5 A and B entered into an agreement to have their dispute arbitrated and they agreed that all their arbitrators are going to come from abroad. All arbitrators, that the venue agreed is in the Philippines. Each of them selected 1 arbitrator each and the 2 selected arbitrators selected another foreign arbitrator. In the course of the arbitration, the parties also obtain lawyers from abroad to represent them. Can those lawyers appear in the arbitration proceedings in representation of the parties? Yes Can they (foreign Lawyers) present evidence? Can they submit arguments in arbitration? They can only represent but not appear as counsel. They can only represent but they cannot act as a lawyer because the nature of arbitration proceedings is a quasi-judicial body. Foreign lawyers who are not member of the Philippine Bar are not allowed to appear. Suppose during the presentation of evidence, the lawyers participated and no one objects, are their acts considered legitimate? If there are no timely objections they are allowed to appear because there is a waiver of that objection. If the parties agreed to appoint foreign arbitrators who are lawyers at the same time and not members of the Philippine Bar, can those lawyers-arbitrators appear in arbitration
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Suppose the testimonies that is presented before the judge who is covered by the ___ agreement is necessary to resolve a dispute in that court proceedings, can the court utilized that information? Yes, for the limited purpose of disclosing to the court of relevant documents in cases where resort to the court is allowed. In that particular case, the court can issue an order for the production of certain documents that will provide the non-disclosure of the consent of the parties except for the court to know the relevance of the contents of the documents to the issue in the case. What is the difference between arbitration clause and submission to arbitration? Arbitration clause- future dispute that will arise from their particular relation Submission to arbitration- present dispute Suppose A and B executed a document to settle their future disputes thru an arbitration agreement/clause, A disregard the arbitration clause and filed a case against B, during the presentation of evidence, the court then saw the arbitration clause and ordered the parties to submit themselves to arbitration, is the court correct? No, the parties must invoke first the arbitration clause What should be the motion to be submitted in court? Motion to suspend the court proceedings then the court will direct the parties to go to arbitration At what stage that motion be raised? if at least one party so requests not later that the pre-trial conference upon the request of both parties thereafter, in other words even after the pre-trial conference both parties can go and ask the court to direct them to go to arbitration because of the arbitration clause If none of the parties invoke that arbitration clause, can the court directly order them to go to arbitration? No, because it is deemed waived. The consent to arbitration is deemed waived. If the court did waive without the consent of the parties, can the parties object to the order of the court that direct them to arbitration? Yes, because the parties did not give their consent to go to arbitration, the court is bound by that.
Upon application of A of an interim measure of protection, the court order party B to prohibit the disclosure of certain documents that has been presented during the arbitration proceedings, what should party B do about the order of the court? Is the party against whom the interim measure is ordered be entitled to a copy of that order? The party against whom the interim measure is ordered is entitled to a copy of such order and the party is expected to obey such order because it is binding upon him. If he does not comply 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. The arbitral tribunal can issue an interim measure of protection provided that it is within its jurisdiction. If the arbitral tribunal has jurisdiction to a particular case with respect to the purpose in which a requests for an interim measure of protection sought by the parties then it can issue such interim measure of protection. If the arbitral tribunal is operated in Manila, it cannot issue an interim measure of protection for a performance of an act outside Metro Manila, because it is beyond its jurisdiction. So the parties must go to court. But if it is within the jurisdiction of the arbitral tribunal then the parties should go first to the arbitral tribunal and receive that interim protection. An interim protection issued by the arbitral tribunal may be corrected by the courts. If an arbitral tribunal issue an order frustrating an act against party for which such interim measure was issued, such party may present his objection in a court which has jurisdiction in that arbitration proceedings. In what form be the interim measure of protection be issued? preliminary injunction directed against a party, appointment of receivers or detention, preservation of property, inspection of property that is the subject of the dispute in arbitration If the party against whom the interim measure of protection is to be issued is not a party in an arbitration proceeding, who is going to issue the interim measure? The courts. If the matter to be restrained is with respect to an act of a third party/ who is not a party in an arbitration proceeding, the court will issue the interim measure
the court who are supposed to constitute the arbitral tribunal. So arbitrators (3 arbitrators) duly appointed by the parties by the court, they will constitute the arbitral tribunal. And that arbitral tribunal will conduct the arbitration and render the award. The other process of conducting arbitration is thru an institution which is what we call an institutional arbitration. We have that now in our jurisdiction under the ADR, we have institutional arbitration Section. The parties may avail the services of the institutional arbitration for a fee and the institution will provide the parties with the arbitrator of their choices. Normally they have a list of arbitrators who are qualified as arbitrators depending on the nature of the controversy. In foreign countries especially in the U.S., there are 2 kinds of institutional arbitration commission I.C.C.- International Chamber of Commerce A.A.A.- American Arbitration Association So, if u are in the U.S. or possibly even the parties are in the Philippines may agree to submit their arbitration either to the I.C.C. or A.A.A. The appointment of the ICC or AAA as the arbitral institutional arbitration commission will depend on the choice of the parties. So if the parties agree to submit their dispute to any of these institutional arbitration, the ICC or AAA will submit to the parties a list of arbitrators for them to choose the arbitrators of their choice. The Rule under the ICC, the parties may each select their own arbitrators of their choice from the list submitted by the ICC rd and the 3 arbitrator is appointed by the ICC. The reason for rd the participation of the ICC in the appointment of the 3 arbitrator is for the institution to be able to take control of the proceedings. In the case of AAA, they simply submit a list of arbitrators that they will suggest and the arbitrators to arbitrate the controversy between the 2 parties and the parties are given 7 days to select their own arbitrators. If they dont return the list within 7 days, the parties are deemed to have accepted the list of arbitrators noted in that particular list by the AAA. The qualification of the arbitrator is not material in so far as the ICC and AAA are concerned. The reason is that they take it upon themselves the guaranty or warranty that the arbitrators listed on their list are qualified and are impartial. In our particular case, our domestic arbitration law prescribes qualification for an arbitrator in our jurisdiction, some of which require that he is of legal age, with full enjoyment of their civil rights and they are able to read and write. They
The arbitrator must be able to persuade the other arbitrators to adopt his position.
As we can see that in arbitration proceedings, the arbitrators themselves clash against each other, they have a dispute, and rd that is the reason why there is a need for an umpire or a 3 arbitrator because if both of them had disagreed then there is rd an unresolved situation hence the role of a 3 arbitrator is important in order to adopt a majority opinion in the resolution of the case. The only exception here is if the parties require that there should be a unanimous decision. The fees of the arbitrators under our jurisdiction, the arbitrator are not paid Php50. The parties will stipulate in the arbitration that one party will select an arbitrator and as to how much that particular arbitrator be paid by him. The other party will do the same with the arbitrator that he chose. The problem arise when to the fee of the third arbitrator because rd if both parties now will agree on how much on the 3 arbitrator suppose to pay and what would be his participation. Normally its 50-50. And the amount to be paid is going to be agreed upon by the parties. What are the pleadings that are to be submitted in cases of arbitration most especially in commercial arbitration? Complaint or petition Copy of submission of agreement to arbitrate the matters disputed by the parties. That particular copy should contain: o Name and addresses of the parties o Nature of the dispute o Amount involve (if there is any) o Agreed procedure on the appointment of arbitrator o Signature of the parties on the document o Reservation- refers to a situation when the parties reserve the right to terminate the arbitration proceedings jointly, if they feel that the purposes for which they had sought to avail in the arbitration proceedings may not be obtain after all. So if there is a reservation of the parties to terminate the arbitration proceedings at any stage the parties may terminate the same. If there is no reservation, once the arbitration has begun in a case of submission agreement then the arbitration proceedings would have to be finished and terminated. o Relief sought Demand letter for arbitration, the dispute between the 2 parties. If that demand filed in the court will turn out to be a complaint or a petition, most especially in when the party demand with the other party to go to arbitration and there was a refusal to
Where do u file the pleading? The pleading during the arbitration proceedings is to be filed with the arbitral tribunal. If the matter have been submitted to the court for a resolution for a certain disputes arising during the arbitration proceedings like an issue challenging the qualification of an arbitrator then the pleadings connected with that issue should be filed in court and the arbitration proceedings in that instance will be suspended until such time the court proceedings
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Together with a true copy of the contract providing for arbitration If there is an agreement with respect to the appointment of a single arbitrator, the demand shall be set forth a specific time within which the parties shall agree upon the arbitrator If there is an agreement with respect to the appointment 3 arbitrators, one to be selected by each party, the demand shall name the arbitrator appointed by the party making the demand and shall require that the party upon whom the demand is made shall within fifteen days after receipt thereof advise in writing the party making such demand of the name of the person appointed by the second party; such notice shall require that the two arbitrators so appointed must agree upon the third arbitrator within ten days from the date of such notice.
If the party upon whom the demand is made and within 15 days he did not respond neither he respected the arbitration agreement, what will be his remedy? The demanding party may file a motion for the court to direct them to arbitration May the demanding party file a motion to declare the other party in default? No If the other party did not respond to the request to go to arbitration and to appoint his own arbitrator, the demanding party may ask the court to direct them to go to arbitration, can the court hear that particular demand of the demanding party that the other party be directed to go to arbitration? May the court act on it right away? No, In the event that one party defaults in answering the demand, the aggrieved party may file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted. The other party is entitled to notice. Supposing that the issue arising from that agreement is questionable, is the court bound to act on the petition to direct the parties to go to arbitration? No, the court should determine first the validity of the issues. When the court is able to determine the validity of the agreement, can court act on the request of the demanding party to direct the other party to direct him to arbitration? Yes
Will the court require the demanding party to present evidence regarding the validity of his claim against the other party? No Which body should determine the issue, since there is no arbitral tribunal was established because the failure of the other party to accept the order of the court to go to arbitration neither appoints his own arbitrator, which body will determine the claim of A? The arbitral tribunal, because upon the default of the other party in accepting the order of the court to go to arbitration nor appoints his own arbitrator, the court will appoint the arbitrator After the appointment of the arbitrator, what is deemed constituted? The arbitral tribunal that was created by the order of the court. Suppose the parties despite of execution of account, an arbitration agreement and despite the fact that the issues had arisen, instead of demanding for arbitration A went to court and file a case against B, utilizing their agreement where there is an arbitration clause as well as documentary evidence, the court has able to peruse the provision of the arbitration agreement and found out that there is a real issue that the dispute should be in arbitration, can the court issue an order to stay the civil case and direct the parties to arbitration? If any suit or proceeding be brought upon an issue arising out of an agreement providing for the arbitration thereof, the court in which such suit or proceeding is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration, shall stay the action or proceeding until an arbitration has been had in accordance with the terms of the agreement What is the meaning of stay? Suspend, the court can suspend the proceeding and direct the parties to arbitration. The court issues 2 orders, one order is directing the parties to go to arbitration in accordance with the arbitration clause and the other is to suspend the civil action commenced When should the civil proceedings commenced again? After the termination of the arbitration proceedings and rendering of the arbitral award. Such purpose of going back to court is to confirm or contest the arbitral award.
Suppose the parties stipulated in their agreement that they will add more arbitrators, is the agreement allowed? Yes, Where a submission or contract provides that two or more arbitrators therein designated or to be thereafter appointed by the parties, may select or appoint a person as an additional arbitrator, the selection or appointment must be in writing. Such additional arbitrator must sit with the original arbitrators upon the hearing. If the parties find it necessary to appoint more than 3 arbitrators, they can provide additional arbitrators in their agreement provided that such agreement is in writing and subscribe by the parties. What are the normal qualifications of arbitrators? must be of legal age, in full-enjoyment of his civil rights know how to read and write. No person appointed to served as an arbitrator shall be related by blood or marriage within the sixth degree to either party to the controversy. No person shall serve as an arbitrator in any proceeding if he has or has had financial, fiduciary or other interest in the controversy or cause to be decided or in the result of the proceeding, or has any personal bias, which might prejudice the right of any party to a fair and impartial award. What is the primary obligation of an appointed arbitrator in relation to qualifications? if, after appointment but before or during hearing, a person appointed to serve as an arbitrator shall discover any circumstances likely to create a presumption of bias, or which he believes might disqualify him as an impartial arbitrator, the arbitrator shall immediately disclose such information to the parties. What are the duties of the parties as soon as the arbitrator disclosed that kind of information? The parties may agree in writing: (a) to waive the presumptive disqualifying circumstances; or (b) to declare the office of such arbitrator vacant. Any such vacancy shall be filled in the same manner as the original appointment was made.
excess of jurisdiction on the part of the voluntary arbitrator is clearly shown. For "the writ of certiorari is an extra-ordinary remedy and that certiorari jurisdiction is not to be equated with appellate jurisdiction. In a special civil action of certiorari, the Court will not engage in a review of the facts found nor even of the law as interpreted or applied by the arbitrator unless the supposed errors of fact or of law are so patent and gross and prejudicial as to amount to a grave abuse of discretion or an exces de pouvoir on the part of the arbitrator." That voluntary arbitrators, by the nature of their functions, act in a quasi-judicial capacity. 24 It stands to reason, therefore, that their decisions should not be beyond the scope of the power of judicial review of this Court. That petitioners have amply made out a case where the voluntary arbitrator failed to apply the terms and provisions of the Construction Agreement which forms part of the law applicable as between the parties, thus committing a grave abuse of discretion. Furthermore, in granting unjustified extra compensation to respondent for several items, he exceeded his powers all of which would have constituted ground for vacating the award under Section 24 (d) of the Arbitration Law.
Reyes vs Balde II
The CIAC has original and exclusive jurisdiction over disputes arising from or connected with construction contracts entered into by parties that have agreed to submit their dispute to voluntary arbitration. Here, the presence of the arbitration clause in the parties contract vests jurisdiction on the CIAC on all controversies arising from such contract. The arbitral clause in the agreement is a commitment by the parties to submit to arbitration the disputes covered therein. Because the clause is binding, they are expected to abide by it in good faith.
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will be a substitution of the nature of the award, that will be binding on both parties that requested for the vacation. What are the grounds to vacate? (a) The award was procured by corruption, fraud, or other undue means; or (b) That there was evident partiality or corruption in the arbitrators or any of them; or (c) That the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; that one or more of the arbitrators was disqualified to act as such under section nine hereof, and wilfully refrained from disclosing such disqualifications or of any other misbehavior by which the rights of any party have been materially prejudiced; or (d) That the arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final and definite award upon the subject matter submitted to them was not made. What do we mean by exceeded his powers? When the arbitrators rendered an award to those issues not submitted by the parties. One of the most used grounds for the vacation of an award is that the board of arbitrators exceeded their powers and that is a very controversial issue, because there are collateral issues that is involve in every issue presented or given in the board of arbitrators to decide. The issue may involve only whether or not party A is entitled to a specific relief but the board of arbitrators may go beyond that by saying that this particular party is entitled to receive a relief and such following additional relief. The following additional relief is not really requested but it is collateral to the relief prayed for. That is acceptable, for as long as it is connected with the relief awarded. What are these collateral reliefs granted? For instance, there is a claim for the delivery of a particular property to party A. the award rendered by the board of arbitrators says party B is required to deliver and return to party A the particular property sought for recovery plus the obligation to make that property in good condition as when acquired that is an example of an incidental or collateral relief. The SC said that incidental and collateral issues are valid for as long as they are connected to the main issue.
application of any party to the controversy which was arbitrated: (a) Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property referred to in the award; or (b) Where the arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision upon the matter submitted; or (c) Where the award is imperfect in a matter of form not affecting the merits of the controversy, and if it had been a commissioner's report, the defect could have been amended or disregarded by the court. When the award is considered to be imperfect, what does it mean? There is ultra vires act on the part of the arbitrator in deciding an issue, if such an issue is not submitted by the parties for resolution by the board of arbitrators. Difference between the ground for vacating an award and the ground for modifying or correcting an award In the first case, when the arbitrators exceeded their powers, they had resolve an issue that was submitted to them by the parties but the resolution was beyond that issue submitted to them, in the second case, they had resolve an issue that was submitted to them.
FINALS
ADR9 Are the arbitrators required to attend the proceedings? Yes Suppose out of the 3 arbitrators, only 1 attended and the other 2 did not attend the proceedings, can there be a valid arbitral award? None Suppose there are majority signatures, but the 2 arbitrators did not attend the proceeding, can there be a valid award? None, because there is a defect in the arbitration proceedings Is that a ground for vacation? What could be the ground? If u were the counsel and u want to vacate the award? Defect in the arbitration proceedings due to the failure to attend the arbitration proceedings, the signature of the arbitrators will not validate or cure their failure to attend the proceedings If there are 3 arbitrators and only 2 signed the award, will there are a valid award? Yes, because there is a majority of the arbitrators When should there be, the 2 signatures be void? If there is a provision in the submission or arbitration agreement that there is a concurrence of the 3 arbitrators in the accomplishment or signing of the arbitration award, the 2 signatures will invalidate the arbitration award, there must be 3 signatures concurring if that is required otherwise only 2 signatures will be sufficient Supposing the parties agreed for a sole arbitrator, who shall sign the award? The sole arbitrator appointed Is that a valid arbitration award? Yes, because the submission agreement or the arbitration clause only provides for a sole arbitrator Are the arbitrators entitled to have possession of the records and the evidence presented during the arbitration proceedings? Yes Who should have the possession of such records after the arbitration proceedings? The clerk of court of the RTC in which one of the parties reside
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Suppose the arbitration proceedings have been concluded and the records have been submitted to the clerk of court of the RTC in which one of the parties reside, but before they render an award, the arbitrators demanded for the return of the records by the clerk of court, what can the parties do to protect their interest with respect to the records? Ask for interim measure from the arbitral tribunal The arbitral tribunal has the right to issue an interim measure within its jurisdiction, suppose the records have to be summon outside their jurisdiction, in what entity should such interim measure be obtained? To the court What is the purpose of that interim measure of protection? To preserve the rights of the parties with respect to the confidentiality of such records and to secure the safety of the documents against disclosure because such records are privilege At the start of the arbitration proceedings, where the arbitrators are appointed and the parties are represented by counsels, could the parties waive the presentation of evidence? Yes Should the waiver be done orally? Yes, during the arbitration proceedings Can it be done in writing? Yes How can the arbitrators decide the case without the evidence? What should they do be able to lay the necessary requirement for them to be able to determine the merits of the arbitration proceedings? What can the arbitral tribunal requires the parties to do since they waived the presentation of evidence? Ask the parties to submit their written arguments instead having it done orally How about the facts in the case, since the parties did not present evidence? The parties can submit an agreed statement of facts How about the issues? The parties can submit an agreed statement of issues Suppose it is insufficient, the agreed statement of facts and issues, for the arbitrators to resolve the dispute, what will the arbitrators do? If the arbitrators have not resolve the dispute or will be useless without particular evidence then they can require the parties to submit evidence.
What are the grounds to vacate? Grounds for vacating award. - In any one of the following cases, the court must make an order vacating the award upon the petition of any party to the controversy when such party proves affirmatively that in the arbitration proceedings: (a) The award was procured by corruption, fraud, or other undue means; or (b) That there was evident partiality or corruption in the arbitrators or any of them; or (c) That the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; that one or more of the arbitrators was disqualified to act as such under section nine hereof, and wilfully refrained from disclosing such disqualifications or of any other misbehavior by which the rights of any party have been materially prejudiced; or (d) That the arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final and definite award upon the subject matter submitted to them was not made Suppose the arbitration award was rendered of an issue that was not submitted by parties for arbitration, is that a ground to vacate? yes Can the parties agree to consider there private settlement during the arbitration proceedings as arbitration award? Yes Can they agree that it can be included by the arbitral tribunal as a part of the arbitral award? Yes What would happened if the parties considered their settlement as part of the arbitration award? Should that settlement be a simple settlement or become an arbitral award? It will become an arbitral award Should it be enforced after it had been confirm by the court? Yes, if it has to be enforced by the court it has to be confirmed
If a judgment by the court after the confirmation was rendered, can the party appeal? Yes, within 15 days from the service of that judgment If the appeal was denied with respect to the confirmation of the court, can the party still appeal? Yes, on the ground of questions of law A and B agreed to submit their dispute to arbitration, during the proceedings, party B died before the rendition of the award, what should the heirs of party B do? Inform the tribunal about the death of such party, and the court must appoint an administrator of the estate of the deceased. The tribunal shall continue the proceedings and rendered an award based on the evidenced presented by party A ADR10 A and B have their respective businesses in the Philippines and they agreed to have their dispute to be resolve by arbitration in the London is that an international commercial arbitration? No, because it is required that the place of business of the parties must be in 2 different states What are the ____ for it to be considered as international commercial arbitration? The parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States One of the following places is situated outside the State in which the parties have their places of business o The place of arbitration if determined in, or pursuant to, the arbitration agreement o Any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected The parties have expressly agreed that the subjectmatter of the arbitration agreement relates to more than one country What is the purpose why in international arbitration the arbitration has to be held outside the places of business of the parties who dispute has to be arbitrated? To attain impartiality or transparency So that if the arbitration is held in one of the place of business of one of those parties, is that domestic or international? Domestic, because the arbitration is held in the place where one of the parties place of business
Suppose the place of arbitration is in the Philippines and the law to be applied is the English law, where should the appeal be filed? Philippine court, such court will consider whether that law applied is against public policy, morals, or our domestic law. It will determine in accordance with the our rules Suppose the English law was against the Philippine Domestic law, the arbitration was held in the Philippines, which law should apply? Philippine law, because the arbitration was held in the Philippines When we speak of commercial Arbitration what does it include? Arbitration is "commercial" if it covers matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of a transactions: any trade transaction for the supply or exchange of goods or services; distribution agreements; construction of works; commercial representation or agency; factoring; leasing, consulting; engineering; licensing; investment; financing; banking; insurance; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea, rail or road. Suppose the contract involves recruitment of workers who are being sent to the Middle east, is that covered? Yes, because it falls under services Please read ADR5 for legal representation of foreign lawyers for their clients Legal Representation in International Arbitration - In international arbitration conducted in the Philippines, a party may be presented by any person of his choice. Provided, that such representative, unless admitted to the practice of law in the Philippines, shall not be authorized to appear as counsel in any Philippine court, or any other quasi-judicial body whether or not such appearance is in relation to the arbitration in which he appears. Is an arbitral tribunal quasi-judicial body? Yes, because it accepts presentation of evidence A foreigner can appear as representative of the parties in the Philippine court but not as a counsel unless he is a member of the Philippine Bar
go to arbitration because arbitration is based on the agreement of the parties. In domestic arbitration, the proceedings are privilege and confidential, what about in international arbitration? It is also privilege and confidential. Confidential of Arbitration Proceedings. - The arbitration proceedings, including the records, evidence and the arbitral award, shall be considered confidential and shall not be published except (1) with the consent of the parties, or (2) for the limited purpose of disclosing to the court of relevant documents in cases where resort to the court is allowed herein. Provided, however, that the court in which the action or the appeal is pending may issue a protective order to prevent or prohibit disclosure of documents or information containing secret processes, developments, research and other information where it is shown that the applicant shall be materially prejudiced by an authorized disclosure thereof. What does the confidentiality covers? Records (pleadings) Evidence (testimonial and documentary) Arbitral award Can the confidentiality be set aside? Yes, it can be set aside with the consent of the parties, for the limited purpose (the court requires a certain fact to be proven in court) of disclosing to the court of relevant documents in cases where resort to the court is allowed herein What can a party do to protect its interest regarding the confidentiality of the records in the arbitration proceedings? Ask the court for a Grant of Interim Measure of Protection to prohibit the disclosure Ask the court for a Grant of Interim Measure of Protection to prohibit dissemination of such information Who is suppose to request for an interim measure of protection? The party whom who seek to protect his interest on or before the constitution of the arbitral tribunal After the constitution of the tribunal, could a party ask the tribunal to give such protection? Yes If the tribunal cannot issue such protection because it is not within its jurisdiction, what can the party requesting do? Ask the court for the protection
While the arbitration proceedings is going on, can the parties go to court for an interim measure of protection? It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure. (art.9) Suppose the parties went to the arbitral tribunal itself for the interim measure of protection, is there any limitation on the powers of the arbitral tribunal in granting an interim measure of protection? It must be within its jurisdiction Is it important for the parties to determine the nationality of the arbitrators? No, No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties (art.11). If the parties have agreed to go to arbitration, can they agree as well on the number of arbitrators? Yes, the parties are free to agree on a procedure of appointing the arbitrator or arbitrators (supra) How should the appointment be made? Both parties will appoint their own arbitrator and rd the 2 appointed arbitrators will appoint the 3 arbitrator Who is supposed to determine the qualification of the arbitrators? The parties The Model law is silent on the qualification of the arbitrator; could the parties require a qualification that might be difficult for the arbitrators to have? The qualifications must be reasonable Is the failure of the arbitrators to comply with the required qualifications a ground to challenge? Yes, unless the parties did not set for a qualifications of the arbitrators they cannot challenge because there will be no basis Within what period should the parties appoint an arbitrator? Within 15 days, each of the parties has to appoint If a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, the appointment shall be made, upon request of a party, by the court
In case of failure of the 2 appointed arbitrators to appoint the rd 3 arbitrator either parties or both may request the court for rd the appointment of the 3 arbitrator within 30 days from the rd failure of the 2 appointed arbitrators to appoint the 3 arbitrator If the court failed to appoint the 3 arbitrator, what is the remedy of the parties? rd The parties themselves may appoint the 3 arbitrator because they were the one who agreed to have 3 arbitrators What are the obligations of the arbitrators under the model law, upon their appointment? When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him. When should it be disclosed? Before or after the constitution of the arbitral tribunal Could it be divulge after the rendition of the award? Yes How about after the finality of the award? No How about the parties themselves, can they raise any challenge to the arbitrators? An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. (art.12) What are the grounds under the model to challenge the arbitrators? Impartiality and independence Non-possession of qualifications set by the parties.
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When should it be raised? A party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in article 12(2), If the parties learned about the circumstances before the constitution of the arbitral tribunal, can they challenge the arbitrators? No, it must be after the constitution of the arbitral tribunal Why is it after the constitution of the arbitral tribunal why not before? The parties can easily replace the arbitrator concerned Let say that the arbitrators were elected but before the constitution of the arbitral tribunal; can the parties if at the time they acquired knowledge of the disqualification use that knowledge to challenge the arbitrators during the arbitration proceedings? No, if the parties fail to disqualify the arbitrator concerned it is deemed a waiver What are the options of the appointed arbitrators in the event that there is defect on their qualification or with respect to their impartiality or independence? The arbitrators may withdraw or not accept the challenge What are the options of the parties if the arbitrator did not continue with the arbitral proceedings despite his knowledge that the parties have such information that affect the impartiality and independence of the arbitrator concerned that is sufficient to disqualify him? The parties may op to challenge him with the arbitral tribunal in the form of a request If the challenged was commenced by one of the parties during the arbitration proceedings can the arbitral proceedings continue? It will continue despite of the fact that there was a challenge. The challenged arbitrator is allowed to participate in the deliberation of the proceedings What is the option of the party if there is a delay in the resolution of the challenge? The party may petition to resolve the challenge right away In domestic arbitration, the proceedings are suspended until the challenge is terminated. In the Model law the proceedings will continue despite the challenged.
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appointment of the arbitrator being replaced. (art. 15) Suppose because of the suspicion that such arbitrator is partial or not independent, the arbitrator voluntarily removes himself as an arbitrator, what is the consequence of that withdrawal of that arbitrator in the suspicion of the parties? An arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this article. (Article 14 par. 2) What is the basis of the resignation of that arbitrator? He voluntarily withdraw his mandate Does it have any significance on the suspicion of the parties? None, this does not imply acceptance of the validity such ground In the course of the arbitration proceedings, one of the parties moved to question the jurisdiction of the arbitral tribunal in the same arbitral tribunal, questioning the competence or jurisdiction of the arbitral tribunal, can the arbitral tribunal rule on that matter considering that its own jurisdiction is being questioned? The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. (art. 16, par 1) When should the parties question the jurisdiction of the arbitral tribunal? A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified. Suppose the claimant had already presented his claim whereas the respondent has not yet presented his statement of defense, at that stage the claimant in addition to the presentation of his statement of claim also questions the
question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award. There is a period within which the question of jurisdiction be resolve that is before the submission of the statement of defense Can it be done motu propio by the arbitral tribunal? No, it is necessary that a party should raised such question. The arbitral tribunal is presumed to have jurisdiction Thru what ways may arbitral tribunal resolve or exercise its resolution? Decide it as preliminary question In the form of an award If the arbitral tribunal resolves the issue as preliminary question, is it final? No, the parties may go to court within 30 days from the receipt of such resolution In that particular case, if the parties do not agree to the resolution as a preliminary question as decided by the arbitral tribunal, suppose the court upheld the resolution of the arbitral tribunal, can the parties file a petition for review to the higher court? No, because the Model Law provides that it shall subject to no appeal Suppose the tribunal did not resolve the issue and rendered an award resolving such issue that it has jurisdiction, can the parties question that in court? Yes, provided that falls within the grounds to question permitted in the arbitration What ground? The arbitral tribunal acted in excess of jurisdiction If an award was rendered resolving that particular issue of jurisdiction and the parties did not go to court, what is the consequence? The question on the jurisdiction will become final
Can the parties suggest to what substantive law they may resort to under the domestic law? Yes, although under the domestic law the measure of judgment is the sense of equity and fairness of the arbitrator, that particular sense should be based also on the relevant law of the land How about under the model law, is that the same measure? The parties may agree to any substantive law that may be utilized by the arbitral tribunal in resolving their dispute Is that required to be used by the parties? Yes Suppose there is none? It shall be the arbitral tribunal that will consult the substantive law In the absence of any suggestions from the parties, what is next law in line? The law of the place where the proceedings is being conducted based on the conflict of laws If it fails to resolve an issue based on conflict of law, what is the next law in line? Usage of trade existing in the same area Article 28. Rules applicable to substance of dispute (1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules. (2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable. (3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so. (4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. If the parties have agreed to submit a substantive law that would resolve the dispute submitted to the arbitral tribunal, is there an obligation to resolve the dispute based on that substantive law? Yes
The receipt of the notice by the respondent will commence the arbitration proceedings but the arbitration proceedings will not commence formally because the arbitral tribunal has not yet been constituted yet. When should the arbitral tribunal is supposed to be created? When the parties appointed the arbitrators and when the arbitrators accepted their appointment. Can the parties agree on the language to be used? The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. 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 arbitral tribunal. (art. 22) 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 by the arbitral tribunal. Should there be always a presentation of evidence under the Model Law? No, the parties can agree that no evidence can be presented How should the arbitral tribunal resolve the dispute if the parties agreed not to present evidence? Such resolution will be based on the agreed facts, points of issues of the parties and oral arguments Article 23. Statements of claim and defense (1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. (2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.
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Suppose the arbitral tribunal could not determine what is the usage of trade of that particular country neither can define any law that would determine the issue and neither that the conflict of law of that particular country to determine the law, can the arbitral tribunal act as amicable compositeur? Yes, the arbitral tribunal shall decide ex aequo et bono or as amicable compositeur only if the parties have expressly authorized it to do so. (art.28 par 3) What is the difference between amicable compositeur from normal function of arbitral tribunal? The amicable compositeur become a negotiating panel whereby they facilitate the negotiations of the parties and come up with a resolution based on equity and impartiality During the proceedings the arbitral tribunal was able to convince the parties to settle the matter based on the principle of equity, impartiality and independence, and the parties accepted that settlement prior to the rendition of the award, what should be the status of that settlement in relation to the award that the tribunal is suppose to render? If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (Art.30 par 1) What is the effect of that settlement on the merits of the case? An award on agreed terms shall be made in accordance with the provisions of article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case. (Art.30 par 2) It ends the dispute of the parties When there is an award that puts finality on the resolution of the merits of the dispute, does it ends the proceedings? Yes If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (Art.30 par 1) Are the parties entitled to the right to enforce immediately that particular award? Not yet, there is a need for recognition of the award by the court
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suspend the setting aside proceedings for a period of time determined by it in order 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. What agreement refers in the Model Law that would make the award invalid and a ground to set aside? The agreement to arbitrate What are the grounds? Parties: a party to the arbitration agreement was under some incapacity the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this State the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case 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 the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties Suppose, one of the parties raised an issue against the award butt he court did not find any ground to set aside the award, can the court motu propio set aside the award based on other grounds? Yes, on the ground of the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State or the award is in conflict with the public policy of this State When is the finality of the arbitral award under the Model law? 30 days from the receipt of the award; the parties can file a motion for recognition and enforcement 2 enforcements: Enforced where the arbitral award was rendered Enforced in the State where the arbitral award is to be enforced
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