Evangelista, Ma.

Clara Ginete
2013-400004

ADR
Judge Selma Alaras

A Process: UNICTRAL Model Law

1. Request and Answer
Written Communications:

Article 3 sets out the conditions under which a written communication is considered to
have been received by the addressee. The requirements for delivering documents and
communicating notices are provided for in the Model Law under a number of articles;

Requests are sent to the habitual place of residence, mailing address and/or
corporations registered office address.

Waiver:

Upon acquiescence of the proceedings and delayed objection of such, parties are
deemed to have waived its right to undergo with the arbitration process.

Court Intervention:

Interventions by courts in arbitration are limited only to specific matters raised by the
Claimant/s.

Establishment of Arbitration Agreement:

There must the existence of a binding commitment by the parties to refer to arbitration
as one of an essential requirement for parties to undergo the Arbitration Process;

This must be in writing.

2. Setting the Procedure in Motion

Submission of a Request of Arbitration:

Substantive and Procedural Matters;

Appointment of Arbitral Tribunal;

Note: Parties are free to determine the number of arbitrators; default number is three
(3).

Courts to be compelled to submit the parties for an Arbitration Process, the Constitution
of Arbitral Tribunal, and the place of arbitration;
Note: The parties disagreement as to the location of the place of arbitration does not
render their arbitration agreement inoperative. (Abitibi-Price Sales Corp. v. C.V.
Scheepv.Ondernemineg Sambeek)

As soon as practicable, the Court fixes the advance on cost for the entire procedure.

3. Terms of Reference
Arbitral Tribunal:

The Arbitral Tribunal draws up its Terms of Reference;

It establishes a provisional timetable for the arbitration and communicates it to the

court.

Court:

The Terms of Reference are signed by the parties and the Arbitral Tribunal. If one parties
refuses to sign the Terms of Reference or to participate in drawing them up, they are
submitted to the Court for approval.

4. Arbitral Proceedings
Arbitral Tribunal:

The arbitral proceedings were considered to have commenced upon receipt of such
letter by the respondent;

The parties are free to agree on the language or languages to be used in the arbitral
proceedings (Article 22);

Establishment of Facts of the Case:

Documentary Evidence and Disclosure of Documents
Witness Presentation and Cross-Examination
Expert Witnesses

Hearings, Declaration of Proceedings closed, and Preparation of draft Award.

5. Scrutiny and Award

Court:

The Court scrutinizes the draft Award. Once approved, the Award is transmitted to the
parties.

References:
http://www.uncitral.org/pdf/english/clout/MAL-digest-2012-e.pdf