Adr

MIDTERM TOPIC CHAPTER 4.
- ARBITRATION in GENERAL
 ARBITRATION (Section 3 [d])

(*) Also a form of ADR system where disputing parties voluntarily agree to settle their
dispute through arbitration (whether domestic arbitration, international commercial
arbitration or construction dispute arbitration) to be presided by the arbitrator/s. The
arbitrator is chosen by agreement of the parties, but in the absence of such agreement in
accordance with the Rules mandated under ADRA - and being merit-based, there shall be
decision to be rendered by the arbitrator (called arbitral award) that binds the parties
 MAIN DISTINCTION BETWEEN MEDIATION AND ARBITRATION

(1) Nature of proceeding
In arbitration proceeding: It is merit-based proceeding because the arbitrator will delve
upon the factual issues according to the evidence presented by the parties and
thereafter the arbitrator will delve upon legal issues based on the evidence presented -
and thereafter, the arbitrator will render a binding decision embodying arbitral award
In mediation proceeding: It is not merit-based proceeding because the mediator will
not delve upon factual and legal issues nor require the parties to present evidence, and
being non-merit based, the mediator will not render decision rather the mediator will
merely assist the parties voluntarily amicably settle their dispute who are free on how
to settle their own dispute but they are not obliged to settle
(2) Who presides on the dispute
In arbitration: It is the arbitrator
In mediation: It is the mediator
 KINDS OF ARBITRATION
(1) Voluntary arbitration (whether domestic arbitration, construction industry arbitration, or
international commercial arbitration; Note: All kinds of ADR systems under ADRA including
arbitration - are voluntary)
It is voluntary because the parties are free whether or not they want to settle their dispute
through arbitration (which we call it arbitration agreement). But once they enter into
arbitration agreement, then, being a contract itself, they are bound to undergo arbitration
- which after arbitration hearing, the arbitrator shall render a binding decision we call it
arbitral award
 Kinds of voluntary arbitration under ADRA
(a) Domestic Arbitration (under Chapter 5 ADRA in relation to RA 876)
This arbitration covers any domestic controversy existing between parties, including
dispute on contracts (i.e., controversies that arise between parties within the
Philippines [EXCEPT: Dispute International in nature, or construction industry dispute,
or labor dispute)
(b) Construction Industry Arbitration (under Chapter 6 in relation to EO 1008)
Arbitration on dispute on contract regarding construction in the Philippines
(c) International Commercial Arbitration (Chapter 4 ADRA)
To make it an "International Commercial" arbitration, such arbitration must be both
"international" and "commercial"
 When can the arbitration "international" (Article 1.6 [C] [8] DOJ IRR)
Arbitration is "international" if any of the following exist:
(1) When at the time the arbitration parties agreed to have their dispute
undergo arbitration (i.e., arbitration agreement), their places of business are
in different countries; or
(2) One of the following places is located outside the Philippines where the
parties have their places of business:
(a) The venue of the arbitration (which is outside the Philippines) which is
agreed by the parties in their arbitration agreement; or
(b) The substantial portion of the obligations as determined in the
commercial contract between the parties - is to be performed (which is
outside the Philippines); or
(c) The place where the subject matter of the dispute is most closely
connected (which is outside the Philippines); or
(d) The parties expressly agreed that the subject matter of the arbitration
agreement relates to more than one country (which is outside the
Philippines)
Note: When the International Commercial Arbitration is conducted in the
Philippines, then it is both "domestic and international" in character. But if such
arbitration is conducted outside the Philippines, then it is a "foreign" arbitration
 When can the arbitration is "commercial" (Section 3 [g] ADRA in relation to
Section 21 ADRA and Section 1.6 C[4] DOJ IRR)
Arbitration is "commercial" if the subject matter refers to dispute arising from
relationship commercial in nature whether contractual or non-contractual (i.e.,
non-contractual such as violation of intellectual property law [e.g., unlawful use
of trademark]; cutthroat competition, etc.). This dispute that is commercial in
nature are the following but not limited to:
1. Any trade transaction for the supply of goods/services (i.e., sales), or
exchange of goods/services (i.e., barter)
2. Distribution agreements (Note: It refers to agreement between supplier and
distributor of goods)
3. Construction works (Note: This is under the jurisdiction of Construction
Industry Arbitration Commission [CIAC] provided the construction is
conducted in the Philippines)
4. Commercial representation/agency (Note: Agent seeks customers on behalf
of his principal for commercial/business purposes)
5. Factoring (Note: It refers to a financial transaction where a business sells its
accounts receivables [e.g., invoices, promissory notes, checks, etc. given by
debtors] to a person [factor] at a discounted price – and that the factor (as
subrogee) will be the one now to collect from the debtors at full amount of his
debt plus damages. Factoring becomes necessary when a business no longer
has sufficient revolving cash to meet business activities)
6. Leasing
7. Consulting (Note: It refers to a person [consultant] giving expert advice to a
person/company in connection with business)
8. Engineering
9. Licensing (Note: It refers to licensing agreement where licensor gives the
licensee the right to produce and sell goods applying the brand
name/trademark of the licensor [also called “franchising”]; Jollibee franchise)
10. Investment (Note: It refers to act of investing or committing/entrusting
money/property to another for a future income; e.g., buying stocks in the
stock market; Multi-level Marketing [MLM])
11. Financing (Note: It refers to providing capital [money] to a person for the
latter’s business or personal use, investment, etc.; e.g., BPI to the loan
borrower)
12. Banking (Note: It refers to business conducted by a bank accepting deposits
from its depositors in exchange for interests, and then the bank lending the
deposit to another or investing it for profit)
13. Insurance
14. Joint venture and other forms of industrial or business cooperation (Note: It
refers to agreement where 2/more parties pooling/combining their resources
for business purposes)
15. Carriage of goods and/or passengers by air, water or land
(2) Compulsory arbitration
It is compulsory such that once dispute arises, the parties must settle their dispute through
arbitration - even without prior arbitration agreement
 Example of compulsory arbitration
Labor dispute under the Labor Code
Note: Remember that ALL modes of settling dispute under ADRA are "voluntary"
 ARBITRATION AGREEMENT (ITS NATURE)

Arbitration agreement is a written agreement subscribed by the parties (or their
representative) agreeing that their dispute will undergo arbitration (whether domestic
arbitration, construction industry arbitration, or international commercial arbitration) (Ormoc
Sugarcane Planters' Association, Inc. Vs. Court of Appeals, GR 156660, August 24, 2009; Note:
Insofar as arbitration before CIAC is concerned, the arbitration agreement must be in writing,
but needed not be signed by the parties so long as intent to submit to arbitration is clear [e.g.,
phone text messages]; see Section 4.1.3 CIAC Rules)
Where can we find the arbitration agreement: Arbitration agreement can be in the form of
clause which is imbedded in the main contract of the parties (in this case, the main contract is
called "container contract" and the imbedded arbitration agreement is called "arbitration
clause"), or it could be in the form of another contract separated from but in reference to the
main contract (this is called "submission agreement") - but whether arbitration clause or
submission agreement, they are both basically arbitration agreement. Main contract contains
the terms and conditions of the contractual relation of the parties (e.g., their transaction),
while the arbitration agreement is another contract stating therein that in case dispute arises
between the parties then such dispute will undergo arbitration
As to time the arbitration agreement exists: The arbitration agreement can exist at the time
the main contract was executed (which we call it arbitration agreement whether imbedded in
the same main contract or in another contract). Arbitration agreement can also exist at a later
date after the execution of the main contract (which we call it submission agreement) when the
parties later agreed that in case of dispute, it will undergo arbitration
As to the interpretation of arbitration agreement: Arbitration agreement between parties
must be liberally construed - such that in case of doubt, it must be construed in favor of
arbitration (LM Power Engineering Corporation vs. Capitol Industrial Construction Groups, Inc.,
GR 141833, March 26, 2003).
 (*) SEPARABILITY/SEVERABILITY DOCTRINE, APPLIES TO ARBITRATION AGREEMENT

(Gonzales vs. Climax Mining Ltd., GR 167994 [ 2007])
While the general rule is that the invalidity of main contract carries with it the invalidity of the
ancillary contract on ground that the latter is dependent on the former. This is not true in
arbitration agreement (whether arbitration clause or submission agreement). As ruled in the
case of Gonzales vs. Climax Mining Ltd. (supra), arbitration agreement is
separable/severable from the main contract such that the invalidity of the main
contract does not carry with it the invalidity of the arbitration agreement. This
ruling in Gonzales vs. Climax Mining Ltd (supra) is reiterated in the case of Cargil Philippines,
Inc. Vs. San Fernando Trading, Inc., GR 175404, January 31, 1011, where the Supreme Court
ruled, An arbitration agreement which though forms part of the main contract
shall not be regarded as invalid or non-existent just because the main contract is
invalid or did not exist (i.e., void main contract), since the arbitration agreement
is treated as separate agreement/contract independent from the
main/container contract
In fact under Article 4.16 (a) DOJ IRR: The arbitration agreement (whether arbitration
clause or submission agreement - both are deemed arbitration agreement) though forms
part or related to the main contract, shall be treated as independent from the main
contract - such that the nullity of the main contract does not carry with the nullity of the
arbitration agreement
Question: Suppose there is arbitration agreement but the main/container contract is void, or
the parties did not really enter into main/container contract - the question is, should the parties
still undergo arbitration in case of dispute?
Answer: YES. As ruled by the Supreme Court, the arbitration agreement is distinct and
independent from the main contract - under the Doctrine of Separability/Severability of
Question: Pursuant to the Doctrine of Separability, the arbitration agreement obliges the
parties to undergo arbitration. Now, the question is, supposed during the arbitration
proceeding, it is proven that the main contract is inexistent/invalid/unenforceable, should the
arbitrator render arbitral award?
Answer: NO. The arbitrator should dismiss the arbitration - considering that the main contract
is void/voidable/unenforceable, then what is there for the arbitrator to render arbitral award?
Note: Arbitral tribunal has the power to rule on the validity of the main/container contract as
void/voidable/unenforceable (This is by implication of Article 4.16 DOJ IRR). In fact the Supreme
Court ruled: “The arbitration agreement clearly expressed the parties' intention that any dispute
between them as buyer and seller should be referred to arbitration. It is for the arbitrator and
not the courts to decide whether a contract between the parties exists or is valid” (Cargill Phils.
Inc. San Fernando Regala Trading, Inc., GR 175404, January 31, 2011)
 ONE of the PARTIES FILED CIVIL ACTION in COURT - DESPITE the PRE-EXISTENCE of
ARBITRATION AGREEMENT
Read Rule 4.2 Special ADR Rules
 (*) FINDINGS of FACTS of the ARBITRATOR in the ARBITRATION (Uniwide Sales Realty vs.
Titan-Ikeda Construction, GR 126619, December 20, 2006)
Court will not review the factual findings of an arbitral tribunal upon the artful allegation that
the arbitral tribunal "misapprehended facts" no matter how cleverly disguised they might be as
"legal questions" - UNLESS: Where a clear showing that the arbitral tribunal in reaching its
factual conclusions, the arbitral tribunal committed an error so egregious (so obvious/flagrant)
and hurtful/prejudicial to one party as to constitute a grave abuse of discretion resulting in
lack or loss of jurisdiction. Typical examples would be factual conclusions of the arbitral
tribunal which resulted in deprivation of one or the other party of a fair opportunity to present
his case before the arbitral tribunal, and an arbitral award obtained through fraud or through
the corruption of arbitrator
CHAPTER 5. - INTERNATIONAL COMMERCIAL ARBITRATION (ICA;
UNDER ADRA AND ITS DOJ IRR)
 TWO FACETS of "INTERNATIONAL" "COMMERCIAL" ARBITRATION

Remember that to make it "International Commercial" Arbitration, it must not only be
commercial but also be international.
(1) When is it that the arbitration is "International" (Section 19 ADRA in relation to Article 1[3]
Model Law)
Arbitration is "international" if any of the following exist: (DOJ IRR)
(a) When at the time the arbitration parties agreed to have their dispute undergo
arbitration (i.e., arbitration agreement), their places of business are in different
countries; or
(b) One of the following places is located outside the Philippines where the parties have
their places of business:
1. The venue of the arbitration (which is outside the Philippines) which is agreed by the
parties in their arbitration agreement; or
2. The substantial portion of the obligations as determined in the commercial contract
between the parties - is to be performed (which is outside the Philippines); or
3. The place where the subject matter of the dispute is most closely connected (which
is outside the Philippines); or
4. The parties expressly agreed that the subject matter of the arbitration agreement
relates to more than one country (which is outside the Philippines)
(2) When is it that the arbitration is "Commercial" (Section 3 [g] ADRA in relation to 21 ADRA)
Arbitration is "commercial" if the subject matter refers to dispute arising from relationship
commercial in nature whether contractual or non-contractual (i.e., non-contractual such as
violation of intellectual property law [e.g., unlawful use of trademark]; cutthroat
competition, etc.). This dispute that is commercial in nature are the following but not
limited to:
a. Any trade transaction for the supply of goods/services (i.e., sales), or exchange of
goods/services (i.e., barter)
b. Distribution agreements (Note: It refers to agreement between supplier and distributor
of goods)
c. Construction works (Note: This is under the jurisdiction of Construction Industry
Arbitration Commission [CIAC] provided the construction is conducted in the Philippines)
d. Commercial representation/agency (Note: Agent seeks customers on behalf of his
principal for commercial/business purposes)
e. Factoring (Note: It refers to a financial transaction where a business sells its accounts
receivables [e.g., invoices, promissory notes, checks, etc. given by debtors] to a person
[factor] at a discounted price – and that the factor (as subrogee) will be the one now to
collect from the debtors at full amount of his debt plus damages. Factoring becomes
necessary when a business no longer has sufficient revolving cash to meet business
activities)
f. Leasing
g. Consulting (Note: It refers to a person [consultant] giving expert advice to a
person/company in connection with business)
h. Engineering
i. Licensing (Note: It refers to licensing agreement where licensor gives the licensee the
right to produce and sell goods applying the brand name/trademark of the licensor [also
called “franchising”]; Jollibee franchise)
j. Investment (Note: It refers to act of investing or committing/entrusting money/property
to another for a future income; e.g., buying stocks in the stock market; Multi-level
Marketing [MLM])
k. Financing (Note: It refers to providing capital [money] to a person for the latter’s
business or personal use, investment, etc.; e.g., BPI to the loan borrower)
l. Banking (Note: It refers to business conducted by a bank accepting deposits from its
depositors in exchange for interests, and then the bank lending the deposit to another or
investing it for profit)
m. Insurance
n. Joint venture and other forms of industrial or business cooperation (Note: It refers to
agreement where 2/more parties pooling/combining their resources for business
purposes)
o. Carriage of goods and/or passengers by air, water or land
 WHAT GOVERNS the ICA (Section 19 ADRA in relation to 4.2 DOJ IRR)
Shall be governed by the Model Law
1. What is Model Law (Section 3 [v] ADRA)
(*) "Model Law" is issued by UNCITRAL (United Nations Commission on International Trade
Law - where several countries have adopted including the Philippines) which deals on
international commercial arbitration
Note: UNCITRAL "Model Law" refers to ADR System called "international commercial
arbitration" - which is adopted by many countries including the Philippines in order to
harmonize different/conflicting laws on international commercial arbitration of different
countries - thereby being harmonized, there will be a unified rules on commercial arbitration
that is international in nature to be observed by different countries
 WHAT COUNTRY where ICA can be CONDUCTED

The arbitration proceedings for ICA can be conducted in the Philippines, or in a foreign country.
When the arbitration proceeding for ICA is conducted in the Philippines, then it shall be
governed by Chapter 5 of this discussion (i.e., CHAPTER 5. - INTERNATIONAL COMMERCIAL
ARBITRATION) and that Petition to Recognize and Enforce or Set-aside ICA Award can be filed
with RTC under Rule 12 Special ADR Rules. HOWEVER: When the arbitration proceeding for ICA
is conducted outside the Philippines, then it shall be governed by Chapter 6 of this discussion
(i.e., CHAPTER 6. - FOREIGN ARBITRAL AWARD) where Petition to Recognize and Enforce FA
award can be filed with RTC under Rule 13 Special ADR Rules (and not Petition to Recognize and
Enforce or Set-aside ICA Award)
 SCOPE of APPLICATION of Rules 4.2 to 4.46 of DOJ IRR regarding ICA (Rule 4.1 DOJ IRR)
For Rules 4.2-4.46 of DOJ IRR to apply, the ICA venue must be in the Philippines - but subject to
the following: (exceptions)
(a) The agreement of the parties as to what rules/procedures shall govern their ICA dispute
proceedings (i.e., this is giving effect of the policy of ADR regarding the freedom of the ADRA
parties the autonomy and self-determination on how to settle their dispute)
(b) The agreement between Philippines and the concerned other country – regarding ICA (if
any); and
(c) Provision of Philippine law prohibiting ADR on certain disputes (e.g., Section 6 ADRA and
other Philippine laws)
Note: Section 6 ADRA: Excepted from ADR Law: [a] labor disputes,[b] civil status of persons,
[c] validity of a marriage (void or voidable), [d] legal separation, [e] jurisdiction of courts, [f]
future legitime, [g] criminal liability, and [h] those disputes cannot be compromised under
the Philippines law(Note: Include "future support" pursuant to Article 2035 NCC)
 (*) INTERPRETATION on MODEL LAW in relation to ICA (Section 20 ADRA in relation to

Article 4.2 DOJ IRR)
When you interpret the provisions of Model Law in relation to ICA, due regard must be given as
to its international origin (i.e., the UNCITRAL that issued the law) for the purpose of uniformity
in the interpretation on the Model Law by different countries (who are signatories on the New
York Convention) - so that in case of issue in the interpretation of Model Law, resort can be
made on the travaux preparatoire and the report of the UNCITRAL Secretary General (which
report entitled "International Commercial Arbitration: Analytical Commentary on draft Trade"
with reference number A/CN 9/264)
(1) In interpreting Model Law, due regard be given to its international origin
Model Law is "international in origin" because it is issued by UNCITRAL where there are
many countries who are signatories to the New York Convention pertaining to Model Law
(hence, that what makes the Model Law as "international in origin") - and being
international in origin, there would be uniformity in the interpretation on the provisions of
Model Law by those signatory countries as regards the "International Commercial
Arbitration"
(2) Travaux Prepapatoire - as an aid in interpreting the Model Law
This refers to the UNCITRAL documents, minutes of discussions and debates that were
officially recorded during the drafting/making of the Model Law (just like the minutes of
the debates and discussions made in the Congress regarding a bill before it is passed by the
Congress to the President for his signature in order to become a law)
(3) Report of the UNCITRAL Secretary General (which report entitled "International Commercial
Arbitration: Analytical Commentary on draft Trade" with reference number A/CN 9/264) - as
aid in interpreting the Model Law
Report, notes and comments of the UNCITRAL Secretary General relevant to international
trade law (or international commercial arbitration) though not binding upon countries that
adopted Model Law, nevertheless, can give guidance/persuasion in interpreting Model Law
(akin to DOJ Secretary/famous criminalists like Justice Regaldao and Justice Reyes where
they can be taken as amicus curiae by the Supreme Court in helping the latter interpreting
criminal laws)
 WRITTEN COMMUNICATIONS in ICA (e.g., serving of pleadings/other papers during ICA) -

when deemed RECEIVED by the addressee thereof (Rule 4.3 DOJ IRR)
It depends on the agreement of the ICA parties (e.g., when so provided in their arbitration
agreement). HOWEVER: In the absence of such agreement, then written communication/other
paper is deemed received by the addressee:
(a) If delivered in person to the addressee (wherever he maybe); or
(b) If delivered at the addressee's place of business, or habitual residence, or mailing address
(e.g., such as received by somebody of sufficient age and discretion in behalf of the
addressee)
BUT: If the written communication/other paper cannot be delivered either in person or the
place of business/residence/mailing address, and cannot be found despite reasonable inquiry
thereon - THEN: The written communication/other paper is deemed delivered when it is sent
through:
(a) Registered mail at the addressee's last known place of business/residence/mailing address;
or
(b) Other means which provides record of attempt to deliver the written communication/other
paper (i.e., written proof of attempt)
NOW: The date of receipt of the written communication/other paper is the date it is delivered
(Opinion: However, when it is delivered through mail, then it is deemed received on the date of
receipt thereof by the addressee)
AT ANY RATE: This rule on delivery of written communication/other paper as mentioned above
applies only under the ICA level - and does not apply to communications in judicial proceedings
governed by Rules of Court
 WAIVER of the RIGHT to OBJECT DURING ICA PROCEEDINGS (Article 4.4 DOJ IRR)
Remember that in any kind of "arbitration" such as ICA (unlike "mediation"), it is a merit-based
proceeding where binding arbitral award rendered based on merit - and being merit-based,
the arbitration parties present pieces of evidence to prove their allegations. Just like judicial
proceedings, if the arbitration party fails to timely object on objectionable ground such as
violation by the other party on arbitration agreement/rules or any arbitration requirements -
then the former is deemed to have waived his right to object (Reason: Estoppel)
 (*) CONFIDENTIALITY in ICA (Section 23 ADRA; Article 4.41 DOJ IRR)

The following are confidential: (1) ICA proceedings, (2) ICA records, (3) evidence obtained
through ICA, and (4) ICA award - UNLESS: (i.e., not confidential)
(1) With the consent of the ICA parties; or
(2) When a petition is filed with RTC allowed under ADRA (e.g., Petition to Recognize and
Enforce or Set-aside ICA Award) - but limited only to those documents/information relevant
to issue/s in such Petition
HOWEVER: When there is the Petition is pending in RTC, the RTC may issue a "Protective
Order" to prevent disclosure of confidential documents/information containing secret
processes, secret developments, secret research and other secret information - when the
disclosure thereof would materially prejudice the applicant/movant
Note: An example that can be given protective order: “Secret process” regarding the formula of
certain commercial product, "secret research/development" regarding laboratory study on
certain drug to be sold commercially, or "secret information" regarding marketing/commercial
strategy, etc. - which mentioned secrets are critical to the business success that needed to kept
confidential from business competitors
 VENUE on ICA (Section 30 ADRA; Article 4.20 DOJ IRR)

The ICA parties are free to agree as to the venue of ICA. HOWEVER: In the absence of such
agreement, then venue shall be in Metro Manila - UNLESS: The arbitral tribunal in Metro
Manila decides for another place after considering circumstances including convenience of the
parties
(Unless otherwise agreed by the parties) During ICA proceeding, ICA arbitral tribunal can
conduct the arbitration proceeding in another place (away from the ICA venue), but only for
purposes of consultation among arbitral tribunal members, for hearing the
parties/witnesses/experts, or for inspection of property/goods/documents involved in the
arbitration
Note: Arbitral tribunal - can be sole arbitrator or panel of arbitrators (Article 2[b] Model Law)
 ICA - WHEN is it COMMENCED (Article 4.21 DOJ IRR)

Depends on the agreement of the ICA parties. HOWEVER: In the absence of such agreement,
then ICA is commenced on the date the respondent received the request for arbitration served
by the complainant
Note: Remember that when disputants voluntarily agreed to have their dispute resolved
through arbitration, then we have what we call "arbitration agreement" - and after such
arbitration agreement, and dispute later arises, then one party (complainant) can request the
respondent to go for arbitration for purposes of having their arbitration deemed as
"commenced"
 LAWS to APPLY by ICA ARBITRAL TRIBUNAL - to DECIDE the ICA DISPUTE (Article 4.28 DOJ
IRR)
Depends on the agreement of ICA parties which (substantive) law to govern the substance of
their dispute (e.g., Philippine law, US law, UK law, or otherwise) - such that, the ICA arbitral
tribunal shall render its Decision based on the law chosen by the parties - HOWEVER: In the
absence of agreement by the ICA parties as to what law is to govern their dispute, then the ICA
arbitral tribunal shall decide the dispute based on "conflict of laws rules" (or what we also call
"Private International Law";; Note:"Conflict of Laws" refers to law/s of 2/more countries
applicable to the dispute but conflict each other - then the country where the case is pending is
to choose in accordance with its laws and jurisprudence which among those conflicting laws to
apply) - UNLESS: The ICA parties agree that the ICA arbitral tribunal shall decide the dispute by
aequo et bono (or amiable compositeur; Note: Decision via aequo et bono means decision based
on what is just and fair - and not necessarily based law but based on conscience and equity)
BUT THEN IN ANY EVENT: In all cases, the ICA arbitral tribunal shall decide the ICA dispute in
accordance with the contract (both main/container contract and arbitration agreement of the
ICA parties) - AND: The usages/custom of trade applicable to the contract (such that in the
absence of clear provision in the main contract or usages/customs of trade applicable to the
main contract - that conflict if laws rules/aequo et bono [as the case maybe] applies)
 (*) APPOINTING AUTHORITY in ICA (Section 26 ADRA; Article 1.6 C[1] DOJ IRR)
(Note: Appointing authority refers to authority to select and appoint arbitrator/s)
"Appointing Authority" refers to person or institution named in the arbitration agreement of
the parties as the "appointing authority" (e.g. of institutional arbitration is PDRCI)
When the ICA parties agree to settle their dispute through institutional arbitration: The
parties are deemed to have agreed also to abide by the rules of such institutional arbitration
regarding the selection and appointment of arbitrator/s - UNLESS: The parties agree otherwise
on different rules as to the selection and appointment of arbitrator/s
(*) When the ICA parties agree to settle their dispute through ad hoc arbitration: The
appointing authority shall be the National President of IBP or his duly authorized
representative who shall select and appoint arbitrator/s
Comments:
(1) Ad Hoc Arbitration
Refers to arbitration whose existence is co-terminus with the existence of the arbitration -
such that when the arbitration is terminated, so the Ad Hoc arbitration
(2) Institution Arbitration
Refers to arbitration whose existence continues even after the termination of a particular
arbitration between disputing parties - such that Institution mediation subsists for other
future arbitration between other future disputing parties (e.g., Philippine Dispute Resolution
Center, Inc. [PDRCI] which is an accredited ADR Provider in the Philippines)
 ARBITRATORS in ICA (Article 4.10 - 4.12 DOJ IRR)

(1) How many arbitrators in ICA (Article 4.10 DOJ IRR)
ICA parties are free to agree how many arbitrators to preside the ICA - BUT: In the absence
of agreement, there shall be three (3) arbitrators
(2) Procedure for the Appointment of arbitrator/s (Article 4.11 DOJ IRR)
(a) He can be of any nationality (because the arbitration is international) - unless agreed
otherwise by the ICA parties (Article 4.11 [a] DOJ IRR)
(b) ICA parties are free to agree on procedures regarding appointment of arbitrator/s -
BUT: Subject to Paragraphs (d) and (e) of Article 4.11 DOJ IRR (Article 4.11 [b] DOJ IRR)
(c) In the absence of agreement of ICA parties regarding procedures for the appointment
of arbitrator/s - THEN: (Unless different procedures agreed by the parties) At the request
of any of the parties, the appointing authority shall appoint the arbitrator/s (Article 4.11
[c] DOJ IRR)
(i) In ICA with three (3) arbitrators, each party shall appoint one (1) arbitrator, and the
3rd arbitrator shall be appointed by two (2) arbitrators respectively appointed by
each of the parties. NOW: If any of the parties fail to appoint his one (1) arbitrator
within 30 days from his receipt of the appointment request by the other party, or
two (2) arbitrators thus appointed by the parties failed to agree on the 3rd arbitrator
within 30 days from their appointment, - THEN: Upon request of any of the parties,
it would be the appointing authority to make the appointment of such lacking
arbitrator/s
(ii) In ICA with only one (1) arbitrator, his appointment shall by agreement of the
parties. But if the parties cannot agree, then upon request of any of the parties, the
sole arbitrator shall be appointed by the appointing authority
(d) If the parties have agreement regarding procedures in the appointment of arbitrator/s -
BUT:
(i) A party fails to act expected of him under such procedure; or
(ii) The parties, or the two (2) arbitrators, are unable to agree expected of them under
such procedure, or
(iii) The third party, or the institutional arbitration, fails to act expected of them under
such procedure
- THEN: Any party can request the appointing authority for the appointment of the
arbitrator, unless the agreed appointment procedure provides other means/procedure
regarding such appointment
 The decision of the appointing authority as to the appointment of arbitrator/s under
Paragraph (c) and Paragraph (d):(Article 4.11 [e] DOJ IRR)
It shall be immediately executory and cannot be subjected to MR or appeal. However,
the appointing authority in his decision shall observe the following:
(1) The qualification(s) of the arbitrator as agreed by the parties;
(2) Appoint arbitrator/s who is independent and impartial; and
(3) In appointing sole arbitrator or the 3rd arbitrator, he shall the appointing authority
shall consider the advisability of appointing such sole/3rd arbitrator whose
nationality is other than those of the parties (Reason: To avoid bias)
 ICA TRIBUNAL – when deemed CONSTITUTED (Section 28 [a] ADRA in relation with Article
4.17 [b] DOJ IRR)
After the sole arbitrator or the 3rd arbitrator (as the case maybe) has been nominated, has
accepted such nomination, and a written communication of said nomination and
acceptance has been received by the party making the request (Note: viz., the nominated
arbitrator made written communication about his nomination and therein stated his
acceptance of such nomination - and send the same to the party who requested for the
appointment of the sole/3rd arbitrator)
Note: Arbitral tribunal - can be sole arbitrator or panel of arbitrators (as the case maybe;
Article 2[b] Model Law)
 GROUNDS to CHALLENGE the ICA ARBITRATOR (Article 4.12 DOJ IRR)

(a) When a person is nominated for arbitrator, he has the duty to disclose any circumstances
likely to doubt his impartiality or independence - and this duty subsists after his
appointment as arbitrator and throughout the arbitration proceedings (unless the parties
have been informed thereof during the time he is nominated)
(b) Arbitrator can be challenged if there is justifiable doubt as to his: (1) impartiality or
independence, (2) qualification/s required by the parties.
A party who appointed an arbitrator is not allowed to challenge the arbitrator he himself
has nominated/appointed (Doctrine of Estoppel) - UNLESS: Such party becomes aware of
such partiality/bias/disqualification only after the appointment of said arbitrator
 PROCEDURES for the CHALLENGE of ARBITRATOR in ICA (Article 4.13 DOJ IRR)
Parties are free to agree on what procedures to observe to challenge arbitrator - BUT: Subject
to the following:
(a) If parties have no agreement as to such challenge procedure, the challenging party after he
gained knowledge that the arbitral tribunal already constituted or after having doubt as to
the impartiality, independence or qualification/s of the arbitrator - he has 15 days to file
written statement to the arbitral tribunal regarding the reason of his challenge. Now, the
arbitral tribunal shall decide the challenge - UNLESS (in which case, the arbitral tribunal
need not decide the challenge): (1) The challenged arbitrator voluntarily withdraws as
arbitrator, or (2) all the parties unanimously agree with the challenge against the challenged
arbitrator
(b) If the arbitral tribunal denied the challenge, the challenging-party can request the
appointing authority to decide the challenge - WITHIN: 30 days from receipt by the
challenging-party of the Decision of the arbitral tribunal denying his challenge. Such
decision of the appointing authority shall be immediately executory and not subject to MR
or appeal. NOW: Before the appointing authority decides on the challenge, the arbitral
tribunal (including the challenged arbitrator) can continue with the ICA proceedings even
until it renders an arbitral award
If the challenge of the challenging party is not successful under the challenge procedure
with or without agreement of the parties as to such challenge procedure as
abovementioned - THEN: The challenging party has 30 days reckoned from his receipt of the
decision of the arbitral tribunal denying his challenge to request the appointing authority to
decide on the challenge whose decision shall be immediately executory and not subject to
MR or appeal. Pending the decision of the appointing authority, the arbitral tribunal
including the challenged arbitrator MAY continue on the arbitration proceeding even until
the rendition of arbitral award
NOW: The decision of the appointing authority regarding the challenge (whether to remove
or maintain the challenged arbitrator) - can be questioned via Petition filed with the RTC in
accordance with the Special ADR Rules promulgated by the Supreme Court (i.e., Rule 7
Special ADR Rules; Note: Pending such Petition filed with RTC, the decision of the appointing
authority remains/stands as such decision is immediately executory)
 If the challenge is successful (i.e., the challenged arbitrator is removed [whether by
voluntary withdrawal of the challenged arbitrator, or unanimous decision of all parties
to terminate the challenged arbitrator, or by decision of the arbitral tribunal, or by
decision of the appointing authority, or by decision of the RTC; Article 4.15 DOJ IRR)
A substitute arbitrator shall be appointed - in accordance with the same procedures as
when the removed challenged arbitrator was appointed.
 FAILURE/IMPOSSIBILITY of ICA ARBITRATOR to ACT AS SUCH (Article 4.14 DOJ IRR)

If the arbitrator becomes ipso jure or de facto unable to perform his duty, or there is already
undue delay because the arbitrator does not perform his duty - THEN: The arbitrator is deemed
removed when he voluntarily withdraws, or the parties unanimously agree to remove the
arbitrator. If the arbitrator insists to be the arbitrator, then any party can request the
appointing authority to decide, which decision shall be immediately executory not subject to
MR or appeal
NOW: When the challenged arbitrator withdraws either because he voluntarily withdraws, or
because the parties unanimously agree to terminate the challenged arbitrator, this does not
mean that the challenged arbitrator admitted that he is partial, not independent, or does not
possess qualification/s as arbitrator, or he was unable to perform his duty (Reason: There is no
decision of the arbitral tribunal, appointing authority or the RTC - since, he voluntarily withdraw
before such decision)
 JURISDICTION – its CONCEPT

(1) "Jurisdiction" defined
It is the power conferred by law to hear and decide the legal controversy
(2) Immutability of judgment does not apply - when the judgment is void
When no appeal taken against a decision within the reglementary period then such decision
becomes final and executory - hence, the Doctrine of Immutability of Judgment applies such
that no matter how erroneous the judgment maybe (i.e., whether error of fact or law), the
judgment stands
However, there are three (3) exceptions of the Doctrine of Immutability of Judgment, the
following, (1) clerical error in the judgment, (2) nunc pro tunc entries in the judgment, (3)
void judgment, and (4) to execute the judgment would be unjust (e.g., that losing party
already complied with the judgment, or the parties already amicably settled, - before the
court issued Writ of Execution)
Motion for nunc pro tunc: Its purpose is not to modify/alter/correct the errors of findings of
facts or interpretation of law enunciated in the judgment/decision that has already become
final and executory - but rather merely to correct clerical error inadvertently committed by
the court (e.g., dispositive portion of the decision states Jun dela Cruz instead of Juan dela
Cruz), or to correct judicial error in order to supply the decision which should have been
included in the decision but inadvertently omitted by the court (e.g., there 3 land properties
involved in the case, and in the body of the decision the court decided that the defendant to
vacate property#1, but in the dispositive portion of the decision, the court merely ordered
the defendant to vacate the property without specifying whether property#1, #2 or #3. Here,
the defendant can file Motion Nunc Pro Tunc not to modify the decision but merely to have
the dispositive portion of the decision specifically state property#1)
Void judgment: Will never make the judgment final on ground that it is as if no judgment at
all (e.g., the court did not acquire jurisdiction over the person of the defendant, or that it has
no jurisdiction over the subject-matter of the case)
 POWERS/JURISDICTIONS of ICA ARBITRAL TRIBUNAL (Article 4.16 DOJ IRR)

(a) The power of the ICA arbitral tribunal to rule on questions of its jurisdiction (Article 4.16
[a] DOJ IRR)
The ICA arbitral tribunal has the power to rule when its jurisdiction is questioned by any of
the parties, including the power to rule on questions regarding the
existence/validity/enforceability of the arbitration agreement, including also the power to
rule on questions regarding conditions precedent to the filing of arbitration (i.e., condition/s
that must be fulfilled before going to arbitration)
This arbitration agreement can be included and form part of the main contract (in which
case, the former is called "arbitration clause" and the latter as "container contract"; or the
arbitration agreement can in another document but related to the main contract which is
called "submission agreement") - which arbitration agreement is independent (separate and
distinct from) container contract. Any decision of the arbitral tribunal that the container
contract is null and void does not ipso jure carry with it the invalidity of the arbitration
agreement (this is called "Doctrine of Separability [Gonzales vs. Climax Mining Ltd., GR
167994]; Note: In other words, the arbitration will proceed, but if during the arbitration, it is
proven that the arbitration agreement is inexistent/invalid/unenforceable then the arbitral
tribunal shall dismiss the arbitration. Same principle applies even if the arbitration
agreement is separated from but has reference to the main contract)
(b) Reglementary period within which to question the jurisdiction of the arbitral tribunal
(Article 4.16 [b] DOJ IRR)
For "lack" of jurisdiction: Before the challenging-party submits the statement of his defense
(i.e., before he files his Answer by filing Motion to Dismiss). At any rate, the challenging-
party is not precluded from questioning such lack of jurisdiction even if he already
appointed his or participated in the appointment of arbitrator
Example: The arbitration agreement is inexistent/invalid/unenforceable
For "excess" of jurisdiction: As soon as it becomes apparent during the arbitration
proceeding
Example: The arbitral tribunal is recognizing a dispute not included as dispute in the
Delay in questioning "lack" or "excess" of jurisdiction: The arbitral tribunal can
nevertheless entertain the challenge by any party against its jurisdiction - PROVIDED: Such
delay of challenging such jurisdiction is justified
(c) (*) How does the arbitral tribunal rule when its jurisdiction is questioned (Article 4.16 [c]
DOJ IRR)
The ruling of the arbitral tribunal regarding the challenge against its jurisdiction can either
be: (1) rendered as preliminary question [i.e., before the arbitral tribunal begins with the
arbitration proceeding proper] or (2) rendered within the arbitral award [i.e., the arbitral
tribunal deferred/suspended ruling on the challenge against its jurisdiction and instead
continue with the arbitration and the ruling against its jurisdiction to be later included in the
arbitral award - especially when the jurisdiction challenge is doubtful; Note: Unlike in court
proceedings, when its jurisdiction is challenged, the court must first rule thereon before
proceeding hearing the merit of the case]
If the arbitral tribunal ruled that it has jurisdiction that is rendered in a preliminary
question, then the challenging-party can file Petition with RTC (questioning the jurisdiction
of the arbitral tribunal) within 30 days reckoned from his receipt of the Notice of the ruling
of the arbitral tribunal - which decision of the RTC shall be immediately executory not
subject to MR or appeal. NOW: Even pending such Petition with RTC, the arbitral tribunal
can nevertheless continue with the arbitration proceedings and can even render arbitral
award (Note: Pending the Petition with RTC questioning the jurisdiction of arbitral tribunal,
the latter cannot issue TRO/injunction against the arbitral tribunal [Rule 3.18 {B} Special
ADR Rules])
Note: When the arbitral tribunal continued with the arbitration proceedings and ultimately
rendered decision via arbitral award, such decision of the arbitral tribunal can be
challenged by filing Petition with RTC to Set Aside/Vacate such arbitral award on ground
that the arbitral tribunal no jurisdiction
 (*) LEGAL REPRESENTATION of PARTIES in ICA (Section 22 ADRA; Article 4.40 DOJ IRR)
A party can be represented by any person of his own choice - PROVIDED: Such representative
cannot appear as counsel in any Philippine court or any quasi-judicial agency, whether or not
such representation in court/quasi-judicial agency is in relation to the ICA arbitration which he
appeared as representative (UNLESS: Such representative is admitted to the Philippine Bar)
Note: Hence, when a representative represented one of the ICA parties in the arbitral tribunal,
and after the arbitral tribunal rendered decision, a Petition is filed with RTC (e.g., Petition for the
Recognition and Enforcement or Setting Aside of an Award in International Commercial
Arbitration), such representative cannot appear as counsel for any of the parties unless he is
admitted to the Philippine bar
 (*) INTERIM MEASURE OF PROTECTION in ICA (Article 4.9 and Article 4.17 DOJ IRR in
relation to Section 28 [a] ADRA; i.e., akin to Provisional Relief under the Rules of Court)
(1) (*) What is "interim measure of protection"(Article 4.17 [a] DOJ IRR)
It is a protective order granted to the requesting-party issued by the arbitral tribunal (or
RTC [as the case maybe]) - WHICH: Includes but not limited to the following:
(a) Preliminary injunction (whether mandatory to compel act, or prohibitory prohibit acts, -
to avoid irreparable loss or injury; Article 4.17 [c] [ii] [aa]and [dd] DOJ IRR)
Note: “Irreparable injury” – refers to an injury/damage that constantly/repeatedly
committed by adverse party such that there is no standard manner of computation (i.e.,
incapable of mathematical computation) on how to quantify/measure such
injury/damage with reasonable accuracy so as to be included in the damages in the
dispositive portion of the judgment (e.g., violation of intellectual property law - you
cannot compute how much profit that the violator makes while he is violating the
intellectual property of another - since you would not know how many fake products he
sold will be sold to defrauded customers; infringement of trade name)
(b) Appointment of receiver (to have security to execution as the time decision is rendered;
Article 4.17 [c] [ii] [bb] DOJ IRR)
(c) Detention, preservation or inspection of property which is the subject-matter of the
arbitration (to preserve evidence; Article 4.17 [c] [ii] [cc] DOJ IRR)
(d) Other act/omission (e.g., preliminary attachment of property or garnishment of
monetary/funds under the custody of 3rd person [Rule 5.6 {b} Special Rules of Court on
ADR of the Supreme Court - to ensure execution at the time decision is rendered)
(2) (*) When can interim measure of protection - be issued
(a) Before the constitution of arbitral tribunal (Section 28 [a] ADRA; Article 4.9 [a] DOJ IRR)
A party can file Petition with RTC for an interim measure of protection
(b) After the constitution of arbitral tribunal, or during the pendency of arbitration
proceedings by the arbitral tribunal (Section 28 [a] ADRA; Article 4.17 [b] DOJ IRR)
A requesting-party can file with the arbitral tribunal a written request/application for
interim measure of protection against the adverse party, and in such request shall be
stated the details of the provisional relief sought, the ground therefor, and the
supporting evidence (Note: Arbitral tribunal is deemed constituted after the sole
arbitrator or the 3rd arbitrator has been nominated (as the case maybe), accepted such
nomination, and a written communication of said nomination and acceptance has been
received by the party making the request [viz., the nomination is in written form, and
thereon written the sign of acceptance by the nominated sole arbitrator/3rd arbitrator];
Section 28 [a] ADRA)
 When can interim measure of protection filed with RTC - despite arbitral tribunal
already constituted (Article 4.9 [b] DOJ IRR; Section 28 [a] ADRA)
When the arbitral tribunal has no power to act or unable to act effectively on the
requested interim measure of protection - THEN: The requesting-party can file a
Petition with RTC for the issuance of interim measure of protection (which Petition
shall observe the Special Rules of Court on ADR; A.M. 07-11-08-SC issued by the
Supreme Court)
Example that arbitral tribunal has no power to act on the requested interim
measure of protection: The arbitral tribunal has no power compel the opening of
the bank account of a certain person. Under the bank secrecy law, those authorities
having power thereon are the Senate during impeachment and a competent court
Example that arbitral tribunal is unable to act effectively on the requested interim
measure of protection: When pending the hearing by the arbitral tribunal regarding
the request of interim measure of protection, the arbitral tribunal requires the
testimony of a 3rd person to properly decide the interim measure of protection, but
such 3rd person refuse to cooperate. The arbitral tribunal having no coercive power
to compel his appearance so that the arbitral tribunal is rendered helpless (i.e., it
cannot issue contempt against such 3rd person), the remedy therefore of the
requesting is to file with RTC a Petition for Interim Measure of Protection (under
Rule 5.1 in relation to Rule 5.2 of Special ADR Rules)
 When the arbitral tribunal granted the requested interim measure of protection,
but the arbitral tribunal finds difficulty in implementing/enforcing its interim
measure of protection (Article 4.17 [c] vi] DOJ IRR; Section 28 [b] [6] ADRA)
The requesting party can file with RTC a Petition for the RTC to issue a coercive
Order to compel the implementation/enforcement of the interim measure of
protection issued by the arbitral tribunal
AND IF: The adverse party does not comply with such Order of RTC, then he shall be
liable for all the damages resulting from non-compliance - including all expenses
and reasonable attorney's fees paid relevant to the Petition (Article 4.17 [c] [vii] DOJ
IRR; Section 28 [b] [7] ADRA; not to mention contempt of court)
 Modification of the interim measure of protection previously issued (Article 4.9 [b]
in relation Article 4.17 [b] DOJ IRR in relation to Section 28 [a] ADRA)
If the request for modification is made after the constitution of the arbitral tribunal
(or during the arbitration proceedings by the arbitral tribunal), then such request
must be filed with the arbitral tribunal - HOWEVER: If the arbitral tribunal has no
power to act or unable to act effectively on such request for modification, then the
remedy of the requesting party is to file Petition with the RTC observing the Special
ADR Rules promulgated by the Supreme Court
(3) Counter-provision on an Order granting interim measure of protection (Article 4.17 [c] [iii]
DOJ IRR; Section 28 [b] [3] ADRA)
The Order granting the interim measure of protection maybe conditioned by providing in
such Order a security or any act/omission in favor of the party/3rd person against whom
the protective order is issued against
Example: Injunction (prohibitory act) via interim measure of protection issued against an
adverse party prohibiting him to sell his products on ground that they are allegedly fake,
the granted interim measure of protection can include therein that in the event no such
violation of intellectual property by the adverse party, then the party who requested for
such interim measure would be liable for damages
 RULES OF PROCEDURE to OBSERVE in ICA (Articles 4.19, 4.23, 4.24, 4.25, 4.29 AND 4.30
DOJ IRR)
The ICA parties are free to agree on the procedures to be observed in ICA arbitration
proceedings. HOWEVER: In the absence of agreement, then UNCITRAL Arbitration Rules shall
apply - UNLESS: The ICA arbitral tribunal finds such UNCITRAL Arbitration Rules as
inappropriate, in which case, the ICA arbitral tribunal shall determine appropriate arbitration
rules to be observed
NOW: As we have said, in the absence of agreement by ICA parties as what rules of procedure
to be observed during ICA proceedings - THEN: The following rules of procedure are to be
observed: (assuming the arbitral tribunal is already constituted)
(1) Statement of Claims (filed by the claiming-party with the ICA arbitral tribunal [i.e., akin to
Complaint in civil action]; Article 4.23 [a] DOJ IRR)
The claimant must file with the arbitral tribunal his statement of claims within the
reglementary period agreed by the parties, or in the absence of such agreement within the
reglementary period determined by arbitral tribunal - stating therein facts supporting his
claim, the issues and relief/remedies sought, and attached with the Statement of Claims the
documentary evidence
(2) Statement of Defenses (filed by respondent with the ICA arbitral tribunal [i.e., akin to
Answer in civil action]; Article 4.23 [a] DOJ IRR)
The respondent shall file his statement of defenses - within the reglementary period and
manner as that of the claimant
(3) Default of the parties (Article 4.25 DOJ IRR)
Unless there is agreement of the parties to the contrary, the following rules shall be
observed if the default of a party is without sufficient/justifiable reason:
(a) If the claimant failed to file his statement of claims within the reglementary period -
then the arbitral tribunal shall terminate the arbitration proceedings
(b) If the respondent failed to file his statement of defenses within the reglementary period
- then the arbitral tribunal continue the arbitration proceedings but without treating
the default of respondent as admission of claimant's claims and allegations
(c) Any party (i.e., claimant or respondent) who failed to appear at the arbitration hearing,
or failed to produce evidence - then the arbitral tribunal shall continue with the
arbitration proceedings and render arbitral award based on evidence on record
(4) Amendment of claims (of claimant) and/or defenses (of respondent); Article 4.23 [b] DOJ
IRR
Unless there is agreement of the parties to the contrary, any party can amend/supplement
his statement of claims or statement of defenses (as the case maybe) during the course of
arbitration proceedings - UNLESS: The arbitral tribunal deemed it inappropriate there being
already undue delay before making such amendment/supplement
(5) Hearings
(a) Service of written statements/documents/information, report and documentary
evidence (Article 4.24 [c] DOJ IRR)
All written statements/documents/information filed with the arbitral tribunal by a party,
the latter shall give copy thereof adverse-party. Likewise, all expert report, and
documentary evidence, shall also be furnished to all parties
(b) Arbitration hearing proper (Article 4.24 [a] DOJ IRR)
Unless the parties agree otherwise, the arbitral tribunal will decide whether to hold oral
hearings for the presentation of evidence of both parties, or to hold oral argument, or
to decide merely on the basis of evidence on record
(c) Notice of hearing/meeting (Article 4.24 [b] DOJ IRR)
In case of hearing or meeting of the arbitral tribunal for purposes of inspection of goods,
property or documents - then the arbitral tribunal shall give notice in advance to the
parties about the date of hearing/meeting (Article 4.24 [b] DOJ IRR)
(d) Power of arbitral tribunal to issue subpoena (Article 4.27 2nd paragraph DOJ IRR)
Arbitral tribunal has the power to issue subpoena ad testificandum and ad duces tecum
to any person
Note: Arbitral tribunal has no contempt power under ADRA against those subpoenaed
who refuse to appear. Hence, in case of refusal to comply with the subpoena, the arbitral
tribunal or any party can file Petition with RTC for the latter to issue an Order
compelling compliance with the subpoena issued by arbitral tribunal (Article 4.27 1st
paragraph in relation to 3rd paragraph DOJ IRR; just below), and in case of refusal of
such RTC Order, then he can be cited by RTC for indirect contempt
(e) Court intervention to assist in taking/hearing evidence (Article 4.27 1st paragraph in
relation to 3rd paragraph DOJ IRR)
The arbitral tribunal, or any party with the consent of arbitral tribunal, can file a Petition
with RTC for assistance in taking evidence - in accordance with the Special ADR Rules
issued by SC (Rule 9 Special ADR Rules [Petition for Assistance in Taking Evidence])
Note: Considering that the arbitral tribunal has no coercive power, this Petition is
necessary when example, the arbitral tribunal cannot conduct ocular inspection on a
certain property but the person in charge of the property refuses to cooperate, and
other instances where the arbitral tribunal finds hardships in taking evidence due to non-
cooperation of a certain person involved
(f) Expert report (Article 4.26 DOJ IRR)
Unless there is agreement of the parties to the contrary, the arbitral tribunal:
(1) Can appoint an expert for the latter to make report on certain issue/as pointed out
by the arbitral tribunal
(2) Can direct any party (a) to give the expert any relevant information, or (b) to
produce documents/goods/property to be given to the expert for the latter's
inspection, or (c) allow the expert to have access to such
documents/goods/property for inspection
Actual participation of expert in the arbitration hearing: Unless there is agreement of
the parties to the contrary, after the expert delivered his expert oral/written report to
the arbitral tribunal, then any party or the arbitral tribunal can require the expert to
participate/attend in the arbitration hearing where parties can propound questions on
him regarding his report. However, any party or arbitral tribunal can require another
expert witness to attend the arbitration hearing to testify on issue/s relevant to the
report of the first expert
(g) Conclusion/Closure of ICA arbitration proceeding
Can be in two (2) ways: (Article 4.32 DOJ IRR)
(1) By rendition of arbitral award through Decision (after presentation of all evidence)
If the arbitral tribunal compose of panel of arbitrators (i.e., 2/more arbitrators), then
the Decision is rendered by majority of arbitrators (unless otherwise agreed by
parties as to number of arbitrators to make the Decision; Article 4.29 DOJ IRR; Note:
When there is only sole arbitrator, obviously we are talking about majority)
 Arbitral Award on Agreed Terms (Article 4.30 DOJ IRR)
During the arbitration proceedings, the parties can voluntary settle their dispute
instead of having the arbitral tribunal to render Decision. Now, the parties can
request the arbitral tribunal to issue a written settlement co-called "Arbitral
Award on Agreed Terms" - unless, the arbitral tribunal refused to issue. In case
the arbitral tribunal agrees to issue a written "Arbitral Award on Agreed Terms",
then the arbitral tribunal shall state therein that it is an arbitral award in itself
and it must also observe Article 4.31 DOJ IRR regarding Form and Contents of
Award - and on that case, the "Arbitral Award on Agreed Terms" shall have the
same status and effect as that of (regular) arbitral award rendered on the merits
of the case
Note:"Arbitral Award on Agreed Terms" deviates from the nature of arbitration
because the arbitration is not terminated by the arbitral tribunal after rendition
of its Decision on the merits - rather, the arbitration is terminated by the parties'
agreement during arbitration to voluntarily settle their dispute (akin to
mediation). At any rate, "Arbitral Award on Agreed Terms" has the same status
and effect as that of a regular Decision of the arbitral tribunal which is binding
arbitral award
 Forms and Contents of (Arbitral) Award (Article 4.31 DOJ IRR)
(a) Arbitral award shall be in writing signed by sole arbitrator or majority of
panel of arbitrators (but state the reason regarding the omitted signature of
non-signing member of the panel)
(b) Arbitral award shall state the reasons/basis for the award - unless the parties
agreed not to state the same. In case of "Arbitral Award upon Agreed Terms,"
the arbitral award need not state the reason (obviously because the award is
not based on the merits but rather upon agreement of the parties)
(c) Arbitral award shall state the date and venue of arbitration
(d) Copy of the arbitral award shall be furnished to all parties
(2) By termination by parties or by the arbitral tribunal (Article 4.32 [b] DOJ IRR)
The arbitral tribunal shall issue an Order when:
(i) The claimant withdraws his claim - unless the respondent objects and that the
arbitral tribunal finds for the respondent his legitimate interest in obtaining a
final settlement of his dispute (whether by "Arbitral Award upon Agreed Terms",
or Decision of arbitral tribunal); or
(ii) All parties agree to terminate the arbitration; or
(iii) The arbitral tribunal finds that the continuation of the arbitration becomes
unnecessary or impossible
 Retention of jurisdiction by the arbitral tribunal (i.e., the arbitration is not yet
terminated; Article 4.32 [c] and [d] DOJ IRR)
The jurisdiction of arbitral tribunal ends after it issued Decision rendering arbitral
award (whether regular Decision or "Arbitral Award upon Agreed Terms"), or
pursuant to Article 4.32 [b] DOJ IRR (see above). However, arbitral tribunal retains
jurisdiction for purposes of the following: (i.e., no remedy can yet be taken against
the Decision of arbitral tribunal such as appeal, confirmation/vacation of arbitral
award to be filed with RTC, etc.)
(1) Correction and/or Interpretation of Arbitral Award; Additional Arbitral Award
under Article 4.33 DOJ IRR(Article 4.32 [c] DOJ IRR)
(2) Quantification of the costs of arbitration proceedings (Article 4.32 [d] DOJ IRR)
When in the Decision of the arbitral tribunal, it is stated therein that it reserves a
hearing for purposes of determining the arbitration costs, which party shall pay
the arbitration costs, or how to divide the arbitration costs between the parties.
NOW: Pending this determination of costs, the Decision is not yet final so that no
appeal, vacation of arbitral award, correction of arbitral award or any post-
Decision proceedings can be taken
 SET A CORRECTION AND INTERPRETATION of ICA ARBITRAL AWARD; ADDITIONAL

ARBITRAL AWARD (Article 4.33 DOJ IRR)
(a) For the correction/interpretation of arbitral award (Article 4.33 [a] [b] and [c] DOJ IRR)
Within 30 days from receipt of Decision of arbitral tribunal (unless another period agreed by
the parties):
(i) For correction of arbitral award: With notice to the adverse-party, a party can request
the arbitral tribunal to correct the arbitral award regarding error in computation (i.e.,
mathematical error based on facts proven), clerical/typographical error (i.e., error in
spelling, number, etc.) , or any errors of similar nature (Note: These errors that can be
corrected does not involve appreciation of facts already considered in the arbitral
award/decision)
AT ANY RATE: The arbitral tribunal motu proprio can make such correction (i.e., even
without notice to other party and request of the requesting-party) - WITHIN: 30 days
from the date of the Decision (but extendible when necessary; Note: The correction shall
form part of the Decision)
(ii) For interpretation of arbitral award: With the agreement of the parties and notice to
the adverse-party, a party can request the arbitral tribunal to interpret certain
points/part of the arbitral award
AND: If the arbitral tribunal finds such request to be proper/justified, then it shall grant the
requested correction or the requested interpretation - WITHIN: 30 days from its receipt of
such request (but extendible when necessary). The correction and interpretation made by
the arbitral tribunal shall form part of the Decision
(b) For additional award in the Decision (Article 4.33 [d] DOJ IRR)
Within 30 days from receipt of Decision of arbitral tribunal (unless another period agreed by
the parties) and with notice to the adverse-party, a party can request the arbitral tribunal to
make additional award on top of the arbitral award regarding claims he presented (and
proven) during arbitration proceedings but omitted in the rendered arbitral award. AND IF:
The arbitral tribunal finds such request proper/justified, then it shall grant the requested
additional award - WITHIN: 60 days from its receipt of such request (but extendible when
necessary; Note: The additional award shall form part of the Decision)
(c) Observance of Article 4.31 DOJ IRR regarding "Forms and Contents of Arbitral Award"
(Article 4.33 [f] DOJ IRR)
If the arbitral tribunal makes such corrections, interpretations, or additional award - THEN:
It shall observe the mandates of Article 4.31 DOJ IRR as regards "Forms and Contents of
Arbitral Award"
 COSTS in ICA ARBITRATION PROCEEDINGS (Article 4.46 DOJ IRR)

Costs in ICA arbitration proceedings includes: (1) fees of the arbitral tribunal, (2) costs of travel
and other expenses incurred by arbitrator/s, (3) costs of expert [who was required by arbitral
tribunal to make expert report], (4) costs of travel and other expenses of witnesses approved
by the arbitral tribunal, (5) costs for the representative who represented/assisted the winning-
party, and (6) fees and expenses of the appointing authority. These costs in all instances, must
always be reasonable depending on the amount of dispute, complexity of the subject-matter
of the arbitration, the time spent in the arbitration, and other relevant circumstances.
Generally, the costs shall be borne by the losing-party, however, the arbitral tribunal can
divide the costs between the parties if reasonable under the circumstances.
Note: In the case of Keppel Cebu Shipyard, Inc. vs. Pioneer Insurance and Surety Corp., GR
180880-81, September 25, 2009, the Supreme Court in dividing the arbitration costs between
the arbitration parties, it ruled:
It is only fitting that both parties should share in the burden of the cost of arbitration, on a
pro rata basis. We find that Pioneer (insurer; subrogated WG&A shipping company after it
paid the latter) had a valid reason to institute a suit against respondent KCSI (a shipyard
repair company who allegedly committed negligence that led to the damaged of the vessel
of WG&A), as Pioneer believed that it was entitled to claim reimbursement of the amount
it paid to WG&A shipping company. However, WE disagree with Pioneer that only KCSI
should shoulder the arbitration costs. KCSI cannot be faulted for defending itself for
perceived (in good faith) regarding wrongful acts (of WG&A) and conditions.
Observation: So meaning, when the respondent in the arbitration proceedings has in good
faith violated his contract he has with the complainant, the arbitration costs shall be
divided between them on a pro rata basis
 SETTING ASIDE/VACATING the ICA ARBITRAL AWARD (Article 4.34 DOJ IRR)
(a) Grounds for setting-aside ICA arbitral award
Read 12.4 Special ADR Rules
(b) Reglementary period within which to file Petition to Vacate with RTC (as against ICA
arbitral tribunal Decision)
(c) Suspension of the Petition to Vacate proceedings filed/pending with RTC
(d) RTC Venue on where to file Petition to Vacate ICA arbitral award (Article 4.38 DOJ IRR)
CHAPTER 6. - FOREIGN ARBITRAL AWARD (i.e., FAA)
 WHAT IS FOREIGN ARBITRAL AWARD (FAA; Section 3 [i] in relation with [j] ADRA; Section 3
[w] ADRA; Section 3 [x] ADRA; Section 3 [y] ADRA)
It is an arbitral award rendered through arbitration in a foreign country (i.e., arbitration
conducted outside the Philippines), whether such arbitral award is "convention award" (i.e.,
rendered by convention State who is member of 1958 New York Convention) or "non-
convention award" (rendered by Non-convention State who is not a member of 1958 New York
Convention). New York Convention refers to UN Convention regarding Recognition and
Enforcement of Foreign Arbitral Award (Note: Philippine is a signatory thereto)
 SIMILARITIES and DIFFERENCES between ICA ARBITRAL AWARD and FOREIGN ARBITRAL
AWARD
Similarities:
(1) Both ICA arbitral award (whether rendered in Philippines, or rendered in foreign country
but to be enforced in the Philippines) and FAA arbitral award (rendered by foreign country
but to be enforced in the Philippines) - are required to undergo Petition for Recognition
and Enforcement filed with RTC (i.e., filing of such Petition is necessary only if the losing-
party does not comply with the execution of the arbitral award)
(2) Grounds to Vacate the ICA arbitral award (Article 4.34 DOJ IRR) and a Convention/Non-
convention Foreign arbitral award (Article 4.36 DOJ IRR) - are practically the same
Distinctions:
WHILE: Both ICA Arbitral Award (conducted in Philippines) and the FAA are required to undergo
Petition for Recognition and Enforcement (if the losing-party refused to comply with execution
of the arbitral award) - NEVERTHELESS: ICA Arbitral Award conducted in the Philippines is
susceptible to Petition to Vacate/Set-Aside filed with RTC. IN CONTRAST: Foreign Arbitral
Award is not susceptible to Petition to Vacate/Set-Aside filed with RTC, rather, the RTC may
merely refuse to recognize it (i.e., not to expressly vacate)
Note: When ICA proceeding is conducted in the Philippines, then it shall be governed by
Chapter 5 of this discussion (i.e., CHAPTER 5. - INTERNATIONAL COMMERCIAL ARBITRATION).
BUT: When ICA proceeding is conducted outside the Philippines, then it shall be governed by
Chapter 6 of this discussion (i.e., CHAPTER 6. - FOREIGN ARBITRAL AWARD), considering that it
is technically a foreign arbitral award
 (*) WHY is there a need to FILE PETITION for the RECOGNITION AND ENFORCEMENT of
FOREIGN ARBITRAL AWARD with RTC
When an arbitration is conducted in a foreign country (outside the Philippines), and the arbitral
tribunal renders arbitral award, but the losing-party refused to comply with the execution of
arbitral award - THEN: The winning-party (petitioner) can file a Petition with RTC for the
"recognition" of foreign arbitral award, and after recognizing, then for the "enforcement" (i.e.,
execution) of a foreign arbitral award - PARTICULARLY: When the subject-matter of the foreign
arbitration which has to be recognized and enforced is: (1) a property located in the
Philippines, or (2) an act to be enjoined by injunction whether mandatory or prohibitory is to
be enforced in the Philippines
Note: This Petition for the recognition and enforcement of FAA is governed by the Special ADR
Rules promulgated by the Supreme Court particularly Rule 13 thereof
 What governs Petition to Recognize and Enforce FAA filed with RTC
Read Rule 13.4 Par 1 Special ADR Rules
 When RTC granted the Petition to Recognize and Enforce FAA
Then the FAA shall be enforced in the same manner and status as if it is a Philippine court
decision that is immediately executory (Rule 13.11 Par 3 Special ADR Rules), unless the
losing -party files MR under Rule 19.1[o] of the Special ADR Rules. However, that RTC
decision granting the Petition, though immediately executory, is subject to appeal to the
Court of Appeals via Petition for Review (Rule 19.12 [j] Special ADR Rules; viz., the RTC
granted Petition is executory even pending appeal with the Court of Appeals)
 REGLEMENTARY PERIOD within which to file PETITION to RECOGNIZE AND ENFORCE FAA
with RTC
 RTC VENUE for PETITION to RECOGNIZE and ENFORCE FAA

 CONTENTS of PETITION TO RECOGNIZE and ENFORCE FAA

 NOTICE to and OPPOSITION by RESPONDENT

 GROUNDS for the REFUSE/OPPOSE the PETITION TO RECOGNIZE AND ENFORCE FAA
 ISSUES to be RESOLVED by RTC in the PETITION TO RECOGNIZE and ENFORCE FAA
 WHEN does then RTC conducts HEARINGS on the PETITION TO RECOGNIZE and ENFORCE
FAA
 WHEN can the RTC SUSPEND HEARING or DEFER RENDERING DECISION on the PETITION
TO RECOGNIZE AND ENFORCE FAA
 ACTION of the RTC on the PETITION TO RECOGNIZE AND ENFORCE FAA

CHAPTER 7. - DOMESTIC ARBITRATION
 The Arbitration Law (R.A. 876; Domestic Arbitration Law)

This is a voluntary arbitration which includes any domestic controversy/dispute (not
international in nature) including dispute on contracts (Section 2 of RA 876) - whether
commercial or non-commercial (DOJ IRR Rule 5.1 [b])
Note: Exceptions are the following, though they are domestic dispute, are (1) labor dispute
which is under the exclusive jurisdiction of the NLRC under the Labor Code, and (2)
construction dispute which is about dispute on construction being constructed in the
Philippines which is under the jurisdiction of CIAC (Construction Industry Arbitration
Commission) pursuant to EO 1008 Section 4
 WHEN does an ARBITRATION deemed DOMESTIC ARBITRATION

Domestic arbitration is an arbitration that is not international as defined under Article 1 (3)
UNCITRAL Model Law
 When can the arbitration "international" (Article 1 [3] Model Law; Article 1.6 [C] [8] DOJ
IRR)
Arbitration is "international" if any of the following exist:
(1) When at the time the arbitration parties agreed to have their dispute undergo
arbitration (i.e., arbitration agreement), their places of business are in different
countries; or
(2) One of the following places is located outside the Philippines where the parties have
their places of business:
(a) The venue of the arbitration (which is outside the Philippines) which is agreed by the
parties in their arbitration agreement; or
(b) The substantial portion of the obligations as determined in the commercial contract
between the parties - is to be performed (which is outside the Philippines); or
(c) The place where the subject matter of the dispute is most closely connected (which
is outside the Philippines); or
(d) The parties expressly agreed that the subject matter of the arbitration agreement
relates to more than one country (which is outside the Philippines)
Note: When the International Commercial Arbitration is conducted in the Philippines, then it
is both "domestic and international" in character. But if such arbitration is conducted
outside the Philippines, then it is a "foreign" arbitration
 LAWS that GOVERN DOMESTIC ARBITRATION (Article 5.1 DOJ IRR)

(1) RA 876 (The Arbitration Law)
(2) Applicable laws under Model Law
(a) Article 8 Model Law (referral by court to arbitration regarding case prematurely filed
with it)
(b) Article 10 (number of arbitrators)
(c) Article 11 (appointment of arbitrators)
(d) Article 12 (grounds in challenging arbitrators)
(e) Article 13 (procedure to observe in challenging arbitrators)
(f) Article 14 (failure to act or impossibility to act - of the arbitrator)
(g) Article 18 (arbitral tribunal to treat equally the parties)
(h) Article 19 (rules to observe during the arbitration proceedings)
(i) Article 29 (how arbitral tribunal renders decision)
(j) Article 30 (parties agreed to settle during arbitration proceedings [i.e., arbitral Award
upon Agreed Terms])
(k) Article 31 (Form and contents of arbitral award)
(l) Article 32 (when does arbitration is terminated)
(3) Applicable laws under ADRA
(a) Section 22 (legal representation on parties during arbitration)
(b) Section 23 (confidentiality/privilege of arbitration proceedings)
(c) Section 24 (Referral by court on case filed with it for arbitration there being arbitration
agreement)
(d) Section 25 (Interpretation in favor of arbitration agreement)
(e) Section 26 (definition of appointing authority)
(f) Section 27 (functions to be performed by appointing authority)
(g) Section 28 (granting of interim measure of protection)
(h) Section 29 (further authority of arbitrator to grant interim measure of protection)
(i) Section 30 (Venue of arbitration)
(j) Section 31 (language to use during the arbitration proceedings)
(k) Section 32 (Laws governing domestic arbitration)
(l) Section 33 (Applicability of RA 876 [The Arbitration Law])
(4) DOJ IRR implementing ADRA (though IRR is not a law)
(5) However, in the absence of their specific applicable provision, then all other rules under ICA
are applied suppletorily
Comments:
(1) Regarding RA 876 (The Arbitration Law)
RA 876 was affective way back December 1953. With later existence of UNCITRAL Model
Law (which the Philippines has adopted), the ADRA and the DOJ IRR implementing ADRA - it
cannot be avoided that some provisions of RA 876 has been repealed (e.g., RA 876 refers to
Court of First Instance which is now RTC, and also the Court of Industrial Law which is now
the NLRC). In an effort to harmonize these laws on arbitration, we have the ADRA. Hence, in
order to more effectively understand domestic arbitration, we shall be mainly using DOJ IRR
as a guide which implemented ADRA
 SCOPES of DOMESTIC ARBITRATION under RA 876 (i.e., subjects of arbitration; Article 5.1
DOJ IRR)
(1) All kinds of domestic disputes whether it is commercial (but not international) in nature (as
defined under Section 21 ADRA) or non-commercial in nature - to be presided by a private
arbitral tribunal (ad hoc or institutional). HOWEVER: When the dispute is about
construction in the Philippines, then, although domestic dispute in nature, is nevertheless
shall be governed by EO 1008 (Construction Industry Arbitration Law) that governs to be
presided by the Construction Industry Arbitration Commission (i.e., regarding disputes on
contracts about any construction in the Philippines).
(2) "Arbitration agreement"
Arbitration agreement can be in the form of clause which is imbedded in the main contract
of the parties (in this case, the main contract is called "container contract" and the
imbedded arbitration agreement is called "arbitration clause"), or it could be in the form of
another contract separated from but in reference to the main contract (this is called
"submission agreement") - but whether arbitration clause or submission agreement, they
are both basically arbitration agreement.
This arbitration agreement (whether "arbitration clause" or "submission agreement") is a
binding one such that it is deemed contract in itself separate and distinct from the
main/container contract.
 (*) When can the arbitration agreement - not binding
When one of the parties is infant (minor), or judicially-declared incompetent (insanity;
civil interdiction). Arbitration agreement is not also binding when entered into by a
guardian of the minor/incompetent (general or ad litem) without prior Petition filed
with and granted by RTC allowing the guardian to enter into arbitration agreement in
behalf of the minor/incompetent
 Can a capable/capacitated person who entered into arbitration agreement with
minor/incapacitated - question the validity of the arbitration agreement
YES: If at the time he entered into arbitration agreement, he did not know that the
other party is minor/incapacitated - OTHERWISE: He cannot question the validity of the
arbitration agreement (i.e., estoppel; but of course, the minor/incapacitated can still
question the arbitration agreement as voidable)
 ARBITRATION AGREEMENT (Articles 5.6 and 5.7 DOJ IRR; Sections 2 & 4 RA 876)
(1) (*) Form of Arbitration Agreement (Article 5.6 DOJ IRR)
Shall be in writing, writing can be:
(a) A document signed by the parties (whether as "arbitration clause" or "submission
agreement"); or
(b) Exchange between parties of letters, telex, telegrams or other means of
telecommunications (e.g., mobile text messages) - containing agreement to submit
dispute through arbitration; or
(c) Allegation in the "Statement of Claims" filed by a party with the domestic arbitral
tribunal alleging therein the existence of arbitration agreement and not denied by the
other party in his "Statement of Defenses" (or vice versa)
 REFERRAL of the ACTION FILED with COURT - to ARBITRATION

Read Rule 4 Special ADR Rules
(1) When does the court "refer" the case filed with it - to undergo arbitration
(2) When should a party makes the Motion with the court to refer the case to undergo
arbitration
(3) Court in resolving the Motion to Refer the case for arbitration
Read Rule 4.4 in relation to Rule 4.5 Special ADR Rules
(4) When the court granted the Motion to refer the case for arbitration - its effectivity and
relief
(5) When in the action prematurely filed with court - there are multiple actions and multiple
parties
(6) Arbitration to proceed - despite the pendency of action prematurely filed with court
 VENUE of DOMESTIC ARBITRATION (Article 5.19 DOJ IRR)

The parties are free to agree as to the venue of domestic arbitration. HOWEVER: In the
absence of such agreement, then venue shall be in Metro Manila - UNLESS: The Metro Manila
arbitral tribunal decides for another place after considering circumstances including
convenience of the parties
(Unless otherwise agreed by the parties) Wherever may be the domestic arbitration venue, the
arbitral tribunal can conduct the arbitration proceeding in another place, but only for purposes
of consultation among members of the arbitral tribunal, for hearing the parties, witnesses or
experts, or inspection of property/goods/documents
 LANGUAGE during DOMESTIC ARBITRATION proceedings(Article 5.21 DOJ IRR)

Parties are free to agree on what language to use during domestic arbitration proceedings -
which agreed language shall used in all hearings, written statements, orders of the arbitral
tribunal. In the absence of agreement, the language shall be in English or Filipino
HOWEVER: The arbitral tribunal may order that documentary evidence shall be accompanied
by translation into language agreed by the parties
 (*) CONFIDENTIALITY of DOMESTIC ARBITRATION PROCEEDINGS (Article 5.42 DOJ IRR;

same with ICA)
The domestic arbitration proceedings (including records, evidence, arbitral award and other
confidential information obtained through domestic arbitration) are confidential and
privileged - EXCEPT:
(1) With consent of all parties; or
(2) For documents during court proceedings relevant to the issue therein (where resort to
court is allowed under ADRA) - but limited such purpose only (as relevant)
HOWEVER: Upon application (by the party), the court may issue "Protective Order" to
prevent/prohibit disclosure of such documents/information regarding secret processes,
secret developments, secret research and other information where the applicant will be
materially prejudiced/damaged by such disclosure
Notes:
(a) Examples where resort to court is allowed under ADRA - Petition for Interim Measure of
Protection filed with RTC, or; Petition to Confirm/Vacate/Modify/Correct ICA/DA
award filed with RTC
(b) An example that can be given protective order: “Trade secrets” which refers to secret
processes, secret developments, secret research and other secret information – such as,
those secret formulas, and other secret information critical to the business success that
needed to be kept secret from business competitors
 RULES on DELIVERY and RECEIPT of WRITTEN COMMUNICATIONS (Article 5.2 DOJ IRR)
Same with ICA under Article 4.3 DOJ IRR)
 RIGHT TO OBJECT during DOMESTIC ARBITRATION proceedings (Article 5.3 DOJ IRR)
A party has deemed waived his right to object against non-compliance to any mandatory
provision under DOJ IRR or non-compliance to provisions under arbitration agreement -
PROVIDED:
(1) Such party knew of such non-compliance; and
(2) Despite such knowledge, said party still proceeded with the arbitration proceedings
without objection - which objection should have been made/interposed (a) without undue
delay; or (b) within the agreed time-limit
NOW: If an act is mandated/allowed to be done under Chapter 5 DOJ IRR (Domestic
Arbitration), then such act shall be done within 30 days reckoned from the day such act should
be done - UNLESS: Different period is provided under the DOJ IRR or under the agreement of
the parties
 (*) EXTENT of COURT INTERVENTION during DOMESTIC ARBITRATON (Article 5.4 and 5.5
DOJ IRR)
No court (including RTC) shall intervene during domestic arbitration proceeding - EXCEPT: For
those instances allowed under the Special ADR Rules issued by the Supreme Court (including
those allowed under ADRA and under RA 876 [The Arbitration Law])
Among those instances allowing court (RTC) to intervene during domestic arbitration is with
regards to functions of the appointing authority - under:
(1) Article 5.10 Paragraphs (c) and (d) DOJ IRR (i.e., procedure for the appointment of
arbitrators)
(2) Article 5.11 Paragraph (a) DOJ IRR (i.e., grounds to challenge arbitrator)
(3) Article 5.13 Paragraph (a) DOJ IRR (i.e., termination of arbitrator for failure/impossibility to
act as such)
- IN WHICH CASE: It is the duty of the appointing authority within 30 days from his receipt of
the request to act accordingly - AND IF: The appointing authority fails/refused to act within
such 30-day period, then a party can go to RTC for relief
Note: Also allowed is the RTC intervention during/pending domestic arbitration proceedings is
for a party to filed Petition for "Interim Measure of Protection"
 LEGAL REPRESENTATION in DOMESTIC ARBITRATION (Article 5.41 DOJ IRR)

(a) A party can be represented by any person of his own choice - PROVIDED: Such
representative cannot appear as counsel in the Philippine court or any quasi-judicial
agency, whether or not such representation in court/quasi-agency is in relation to the
domestic arbitration which he appeared as representative (UNLESS: Such representative is
admitted to the Philippine Bar)
(b) If during the domestic arbitration proceedings, the parties agree to amicably settle their
dispute (instead of leaving the Decision to the domestic arbitral tribunal) - THEN: Such
agreement of the parties to settle their dispute shall proceed without the participation of
the arbitrator/s even acting merely as mediator
 DETERMINATION on what RULES to FOLLOW in the DOMESTIC ARBITRATION (Article 5.18

DOJ IRR)
The parties are free to agree on the procedure to be observed during the arbitration
proceedings - subject to DOJ IRR particularly Chapter 5 of DOJ IRR (Domestic Arbitration).
NOW: In the absence of such agreement, the procedures to be observed depend on the
arbitral tribunal it deems appropriate but subject to ADRA - AND: This includes rules on the
admissibility, relevancy and weight of evidence.
 COMMENCEMENT of DOMESTIC ARBITRATION PROCEEDINGS (Article 5.20 DOJ IRR)

(a) When there is pre-existing arbitration agreement between parties, the domestic
arbitration is commended as follows:
(i) In case the parties agree for institutional arbitration, then it is commenced in
accordance with the rules of the institution
(ii) In case the parties agree for ad hoc arbitration, then it is commenced by claimant by
delivering to the respondent a demand for arbitration - which demand may be in any
form but stating:
(1) Name, address and description of each parties (e.g., age, nationality)
(2) Description of the nature and circumstances giving rise to the dispute (i.e., akin to
cause of action)
(3) Relief sought
(4) Attached to the claim is the copy of arbitration agreement and all other agreements
(5) Appointment of arbitrator/s and/or demand upon respondent to appoint
arbitrator/s
(b) If in the arbitration agreement the parties agree for sole arbitrator, then for purposes of
commencing domestic arbitration, the demand for arbitration made by the claimant must
include invitation to the respondent to meet and agree for purposes of choosing the sole
arbitrator in the date, place and time - BUT: Such invitation to meet must be on a date not
less than 30 days reckoned from receipt by the respondent of the demand for arbitration
(c) If in the arbitration agreement the parties agree for 3 arbitrators, then for purposes of
commencing the domestic arbitration, the demand for arbitration by the claimant must
name the arbitrator he appointed for himself, stating therein also the latter's curriculum
vitae and his acceptance on the appointment - and also included in such demand is to
require the respondent to name his own arbitrator within 15 days reckoned from his receipt
of such demand - BUT: The 15-day period can be extended upon agreement of the parties.
Within the said 15-day or extended 15-day period, the respondent shall give the claimant a
written notice of the name his own appointed arbitrator and attached therewith the latter's
curriculum vitae and his acceptance on the appointment
Note: The 3rd arbitrator shall be chosen by the two-appointed arbitrators
(d) If there is no arbitration agreement, and one of the parties requested/asked the other
party to submit their dispute to arbitration, then the arbitration is deemed commenced the
moment the other party agrees (corollary, we have what we call "submission agreement")
Comment:
(1) As distinguished from ICA - WHEN ICA is it COMMENCED (Article 4.21 DOJ IRR)
Depends on the agreement of the ICA parties. HOWEVER: In the absence of such
agreement, then ICA is commenced on the date the respondent received the request for
arbitration served by the complainant
 NUMBER of ARBITRATORS in DOMESTIC ARBITRATION (Article 5.9 DOJ IRR)

The parties are free to determine - BUT: Absent such agreement, then there shall be 3
arbitrators
Note: If the agreement of the parties giving one party to choose more arbitrators than the
other party - is void. However, if there are multiple claimants and/or respondents, then it shall
be construed as permitting one (1) arbitrator for all claimants and one (1) arbitrator for all
respondents. Then the 3rd arbitrator shall be appointed by the said already appointed 2
arbitrators. NOW: If all claimants and/or all respondents cannot decide on who is to be their
respective arbitrator - then such arbitrator shall be appointed by the appointing authority
(Article 5.10 [j] DOJ IRR)
 APPOINTMENT of ARBITRATORS in DOMESTIC ARBITRATION (Article 5.10 DOJ IRR)

(a) Qualifications of arbitrator in domestic arbitration
(1) Legal age, in full enjoyment of his civil rights (i.e., not civilly interdicted), and knows
how to read and write
(2) Arbitrator must not be related by consanguinity/affinity within 6th degree to any of
the parties
(3) Arbitrator must not have/had any financial, fiduciary or other interest in the dispute
(4) Arbitrator must not have any personal bias (impartial)
(5) Any party cannot choose his arbitrator that will champion or advocate his cause (i.e.,
this especially true for the appointment of sole arbitrator)
(b) Procedures for the appointment of arbitrator/s in domestic arbitration
The parties are free to agree on the procedures regarding appointment of arbitrator/s.
HOWEVER: Absent such agreement, then following rules are to be observed:(default
procedure)
(1) In case of 3 arbitrators, each party shall appoint (1) arbitrator, and the said
appointed 2 arbitrators shall appoint the 3rd arbitrator. NOW: (a) If a party failed to
appoint his one (1) arbitrator within 30 days reckoned from his receipt of the
request to appoint from the other party, or (b) If the said appointed 2 arbitrators fail
to agree on the 3rd arbitrator within 30 days reckoned from their date of
appointment - THEN: Upon request of any of the parties, the appointing authority
shall make the appointment
(2) In case of sole arbitrator, if the parties fail to agree for his appointment - THEN:
Upon request of any of the parties, the appointing authority shall make the
appointment of the sole arbitrator
Note: In the absence of agreement of the parties as to who shall be the appointing
authority - THEN: The appointing authority shall be the following:(Rule 2 Article 1.6 C [1]
ADRA)
(1) In an institutional arbitration: The appointing authority shall be the institution
whose rules are to be observed
(2) (*) In ad hoc arbitration: The appointing authority shall be the National President of
IBP
(c) The parties have agreed on the procedures for the appointment of arbitrator/s - THEN:
Upon request of any of the parties, the appointing authority shall appoint the arbitrator
- WHEN:
(1) One of the parties fails to act/appoint an arbitrator as required in the agreed
procedure; or
(2) If the parties or the 2 appointed arbitrators, are unable to appoint their respective
arbitrator or 3rd arbitrator (as the case maybe), or unable to reach an agreement
which is expected of them under the agreed procedure; or
(3) If a 3rd party including the institution, fails to appoint an arbitrator or fails to
perform any function entrusted to them under the agreed procedure; or
(4) In case there are multiple claimants or multiple respondents, and they are unable to
appoint their respective arbitrator
NOW: The appointing authority in making the appointment, shall summon the parties
and their respective representative to appear before said authority for a meeting on the
place, date and time - for the purpose of appointing in case of sole arbitrator.
(d) Objection against the appointing authority in making the appointment of arbitrator
If a party fails to appoint his own arbitrator, and the appointing authority is therefore
to make the appointment for him upon request of the other party (i.e., called default
appointment) - BUT: The default appointment is objected to by the defaulting-party,
and requests for extension of time to appoint his own arbitrator, then the appointing
authority after due regard to circumstances, may grant the extension but not more than
30 days
BUT: If the objection of the party is based on ground that he is not in default in
appointing his own arbitrator, then he shall attached with his written objection the
name of his arbitrator including the latter's curriculum vitae and acceptance of the
appointment - OTHERWISE: The appointing authority shall make the appointment of
arbitrator in his behalf
(e) What are to be considered by appointing authority in appointing arbitrator - in case of
default appointment
The appointing authority shall consider an arbitrator that is independent and impartial.
The appointing authority shall prefer: (as much as possible)
(1) In order to have a speedy disposition of the arbitration - a qualified arbitrator whose
place of residence/business in the same general locality as to the venue of
arbitration; and
(2) In order to moderate/lessen the costs of arbitration - a qualified arbitrator who is
likely to accept his arbitrator's fees in an amount agreed by the parties, or as fixed in
accordance with the Schedule of Fees of the appointing authority or the institution
(f) RTC intervention when appointing authority fails to appoint arbitrator
If the appointing authority able to appoint an arbitrator, then the authority shall give
written notice to the parties regarding such appointment
HOWEVER: If the appointing authority is unable to appoint an arbitrator, then the
authority shall also give written notice to the parties stating therein the reason/s why
unable to appoint an arbitrator - THEN: Afterwhich, the procedure under Article 5.5 DOJ
IRR shall be observed (i.e., regarding filing of Petition with RTC acting as appointing
authority for the appointment of arbitrator [Rule 6 Special ADR Rules])
(g) Due considerations by appointing authority in the appointment of arbitrator - the
effectivity of the appointment made
(*) The appointment of arbitrator made by the appointing authority is immediately
executory - not subject to MR or appeal
HOWEVER: The appointing authority must give due consideration as mentioned under
Article 5.10 (a) DOJ IRR, an independent and impartial arbitrator including
qualifications of arbitrator as agreed by the parties
(h) Who shall be the chairman among arbitrators - in the arbitral tribunal (especially there
are 3 arbitrators)
He is selected in accordance with the agreement of the parties, or in accordance with
the rules agreed by the parties - HOWEVER: In the absence of such agreement, then the
chairman shall be selected by the arbitrators appointed by the parties
(i) Number of arbitrators for each party
If the agreement of the parties giving one party to choose more arbitrators than the
other party - is void. However, if there are multiple claimants and/or respondents, if the
rest of the agreement is valid, then it shall be construed as permitting one (1) arbitrator
for all claimants and one (1) arbitrator for all respondents. Then the 3rd arbitrator shall
be appointed by the already appointed 2 arbitrators. NOW: If all claimants and/or all
respondents cannot decide on who is to be their respective arbitrator - then such
arbitrator shall be appointed by the appointing authority
(j) Guidelines for the Request for Appointment of Arbitrator by a party to the appointing
authority
The appointing authority may adopt guidelines therefor
Note: Request for Appointment of Arbitrator to the appointing authority - please read
Article 5.10 [l] to [m] DOJ IRR
(k) If arbitrator accepted his appointment as arbitrator - the requirements on his
"acceptance letter"
The arbitrator must give his acceptance letter to the requesting-party who chose him -
AND: In such acceptance letter shall:
(1) State that he agrees to comply with the applicable law, and arbitration rules so
agreed by the parties (in the absence of such agreement, statement that he will
abide by the DOJ IRR, Code of Ethics for Arbitrators in Domestic Arbitration)
(2) State that he accepts his arbitrator's fees to an amount agreed by the parties, or
amount determined by the rules agreed by the parties. However in the absence of
such agreement, then the amount in accordance with DOJ IRR
(3) State that he agrees to devote much time and attention to the arbitration in order to
have speedy, effective and fair adjudication of the arbitration - as circumstances
may allow
 GROUNDS in CHALLENGING the ARBITRATOR in regards to his APPOINTMENT in

DOMESTIC ARBITRATION (Article 5.11 DOJ IRR)
(a) Duty of arbitrator to disclose circumstances of impartiality, independence, and the
qualifications and disqualifications agreed by the parties
(1) Before accepting appointment as arbitrator: When a person is requested for his
appointment as arbitrator, he shall disclose circumstances likely to produce justifiable
doubts regarding his impartiality, independence, qualifications and disqualifications.
(2) After appointment as arbitrator and throughout the domestic arbitration proceedings:
Arbitrator the moment he learned of such circumstances, shall without delay disclose
such circumstances to the parties unless he already previously disclosed to them
(3) Parties agree to the appointment of arbitrator despite disclosure of such
circumstances (estoppel):A written disclosure shall be made by the arbitrator and
furnish copy to all arbitration parties
(b) (*) "Exclusive" grounds to challenge the appointment of arbitrator
(i) Circumstances exist producing justifiable doubts regarding his impartiality or
independence
(ii) Does not possess the qualifications agreed by the parties, or required under Chapter 5
(Domestic Arbitration) of DOJ IRR
(iii) Disqualified to act as arbitrator under DOJ IRR
(iv) Refused to respond/answer the questions of the parties regarding the nature and
extent of his professional dealings with a party or the latter's counsel
Note: Grounds (iii) and (iv) are not included as ground in challenging ICA arbitrator (see
(c) After appointment and before/during arbitration proceeding - duty of arbitrator to
disclose
The moment the arbitrator discovers any circumstances likely to produce presumption of
bias (i.e., partial), or even his own mere belief that might disqualify him as impartial
arbitrator - then, he shall immediately disclose the same to the parties. NOW: After the
parties received such disclosure, they have two (2) options:
(i) To waive the disclosed circumstance/s (and retain him still as arbitrator); or
(ii) To declare the position of the arbitrator as vacant. The vacancy shall be filled in the
same manner/procedure the former arbitrator was appointed
(d) Discovery during the proceedings of the arbitration (i.e., discovery during open arbitration)
of circumstance/s likely to produce presumption of bias - duty of arbitrator to disclose
The arbitrator shall immediately disclose such circumstance/s to the parties. The arbitrator
is not required to make a written disclosure - provided, such disclosure was made during
the arbitration proceedings (i.e., open arbitration) and such disclosure appears in the record
of the arbitration case
(e) Arbitrator who has existing or past financial/professional dealing with any of the parties
or respective counsel of the parties - duty of arbitrator to disclose
The arbitrator shall make a written disclosure of such fact to the parties - AND
AFTERWHICH: Ff any party asks from him the nature, extent and duration of such
financial/professional dealings, the arbitrator shall in good faith promptly answer the same
 PROCEDURES in CHALLENGING the ARBITRATOR in DOMESTIC ARBITRATION (Article 5.12

DOJ IRR)
(a) Procedures to observe regarding the challenge against the arbitrator (Article 5.12 [a]
DOOJ IRR)
Parties are free to agree on procedures to be observed for purposes of challenging the
arbitrator - BUT: Subject to this Article 5.12 [c] DOJ IRR
Notes:
(1) If such request by challenging party is termed as "inhibition" (Article 5.12 [d] DOJ IRR)
Then such term shall be deemed as a "challenge"
(2) A party can challenge the arbitrator he himself appointed (e.g., when there are 3
arbitrators to be appointed), or he has participated in such appointment (Article 5.12
[e] DOJ IRR)
BUT: Such challenge is limited only on reason/s he becomes aware after the
appointment of such arbitrator
(3) Formalities of the challenge (Article 5.12 [f] DOJ IRR)
Shall be in writing, stating the specific facts as basis relied upon by the challenging
parties as ground/s for the challenge against the arbitrator
(The following challenge procedures are to observed - when parties do not have agreement on
such challenge procedures)
(b) Reglementary period within which to file a written challenge (if parties has no procedural
agreement thereon; Article 5.12 [b] DOOJ IRR)
Any party shall within 15 days reckoned from knowledge of the constitution of the arbitral
tribunal, or (after the constitution of the arbitral tribunal) within 15 days reckoned from
knowledge of any of the circumstances under Article 5.11 [b] DOJ IRR - file with the arbitral
tribunal a written challenge stating therein the reason/s for the challenge(Note: Domestic
arbitral tribunal is deemed constituted after the sole arbitrator or the 3rd arbitrator has
been nominated (as the case maybe), accepted such nomination, and a written
communication of said nomination and acceptance has been received by the party making
the request [viz., the nomination is in written form, and thereon written the sign of
acceptance by the nominated sole arbitrator/3rd arbitrator]; Section 28 [a] ADRA (in
relation to Section 33 ADRA). "Arbitral tribunal" compose of either sole arbitrator or panel of
arbitrators (Article 1.6 [D] [5] DOJ IRR))
Notes:
(1) Challenge can also be made within 15 days reckoned from rejection by the challenged
arbitrator of the request by challenging parties for the inhibition of such challenged
arbitrator (Article 5.12 [f] DOJ IRR)
(2) Right of the challenged arbitrator after his receipt of the challenge (Article 5.12 [h] DOJ
IRR)
The right to be heard (i.e., due process)
(3) Duty of challenged arbitrator after his receipt of the challenge (Article 5.12 [g] DOJ IRR)
Within 15 days - he shall decide whether he accepts the challenge (i.e., voluntarily
withdraw) or reject the challenge. If the challenged arbitrator rejects the challenge, then
within same period of 15 days, he shall communicate his rejection stating therein the
facts and arguments
(4) Overriding power of all parties - over the rejection by the challenged arbitrator against
the challenge (Article 5.12 [i] DOJ IRR)
Within 15 days from receipt of such rejection by the challenged arbitrator, all the parties
(i.e., the challenging party and all other parties) can overturn the rejection
 When can the arbitral tribunal (i.e., in case of panel of arbitrators) intervene in the
challenge (Article 5.12 [b] in relation to Article 5.12 [j] DOJ IRR)
When all the parties did not exercise their right to override the rejection by the
challenged arbitrator - then the arbitral tribunal within 30 days reckoned from
receipt/filing of the challenge (i.e., in reality it is deducted by 15 days already pursuant
to Article 5.12 [i] DOJ IRR) shall decide the challenge
Note: There is no need for the arbitral tribunal to decide the challenge - WHEN:(1) the
arbitrator voluntarily withdraws as arbitrator, or (2) all the parties agree to declare the
position of the challenged arbitrator as vacated(Article 5.12 [b] DOJ IRR)
(c) When the challenge against arbitrator under the parties' agreed procedures, or under the
procedure provided by this Article 5.12 [b], or the arbitral tribunal refused to decide or did
not decide within 30 days from receipt of the challenge - the challenge is not successful
(Article 5.12 [c] in relation to Article 5.12 [k] DOJ IRR)
Within 30 days from receipt of the arbitral tribunal's decision rejecting/denying the
challenge - the challenging party can make a written request to the appointing authority to
decide on the challenge - THEN: Within 15 days from receipt of such request (or within
further days as maybe fixed by appointing authority with notice to the parties; Note:Under
Rule 7.2 in relation to Rule 7.5 of the Special ADR Rule, it is 30 days in the absence of
applicable rule), the appointing authority shall decide on the challenge, which decision shall
be immediately executory and not MR or subject to appeal. HOWEVER: Pending such
request to the appointing authority, the arbitral tribunal (including the challenge arbitrator
[if arbitral tribunal is compose of panel of arbitrators]) may continue the arbitration
proceedings and can even render an arbitral award (e.g., in the event that the arbitral
tribunal rendered arbitral award before the lapse of 15 days [or further days] given the
appointing authority to decide on the request)
 What if the appointing authority refused to decide or fails to decide - within 15 days
([this should be 30 days] or within further days that appointing authority may fix with
notice to the parties) from its receipt of the request (Article 5.12 [k] DOJ IRR)
The challenging party can file Petition with RTC challenging the appointment of the
challenged arbitrator - which Petition shall attach the reply/explanation of the
challenged arbitrator and relevant communications from the parties (if any) and from
the arbitral tribunal
Note:The RTC will motu proprio dismiss such Petition if it does not allege therein that the
appointing authority failed or refused to decide on the challenge - within 30 days (or for
further days as the appointing authority may fixed) from its receipt of the request(Rule
7.5 Special ADR Rules)
(d) (Already discussed above)
(e) (Already discussed above)
(f) (Already discussed above)
(g) (Already discussed above)
(h) (Already discussed above)
(i) (Already discussed above)
(j) (Already discussed above)
(k) (Already discussed above)
(l) Furnishing of copy of every communications required by Article 5.12 DOJ IRR (Challenge
Procedure) and every communications made by parties - relevant to the challenge (Article
5.12 [l] DOJ IRR)
Such communication shall be furnished to the challenged arbitrator, the parties, to the
remaining members of the panel of arbitrators (if any), and also to the ADR institution
administering the domestic arbitration (if any)
 Instances where the position of challenged arbitrator - is deemed vacated (Rule 5.12 [m]
DOJ IRR)
(i) The challenged arbitrator voluntarily withdraws; or
(ii) All parties agree in declaring the position of the challenged arbitrator as vacant; or
(iii) The arbitral tribunal rendered decision declaring the position of the challenged
arbitrator as vacant; or
(iv) The appointing authority rendered decision declaring the position of the challenged
arbitrator as vacant; or
(v) The RTC rendered decision declaring the position of the challenged arbitrator as vacant
 The decision of the parties, arbitral tribunal, appointing authority or the RTC - as regards
the challenge against arbitrator (Article 5.12 [n] DOJ IRR)
Such decision cannot subjected to MR or appeal
Note (*): But decision of the arbitral tribunal can be elevated to the appointing authority -
but pending decision of the appointing authority, the arbitral tribunal including the
challenged arbitrator may continue with the arbitration proceedings. Remember also that
when the appointing authority renders a decision either denying or granting the challenge,
its decision cannot be subjected also to MR or appeal [Article 5.12 [c] DOJ IRR] - neither can
be elevated to RTC through Petition as RTC will take cognizance of the Petition only if the
appointing authority fails/refused to decide within 30 days (or within further days as
maybe fixed by appointing authority) from receipt of the request of the challenge [Rule 7.5
Special ADR Rules]. Now in case the RTC takes cognizance of the Petition, its decision
whether granting or denying the Petition is immediately executory and cannot be subjected
to MR, appeal or even Petition for Certiorari under Rules 65 for grave abuse of discretion
amounting to lack/excess of jurisdiction [Rule 7.8 Special ADR Rule]
 Arbitral tribunal can continue hearing the arbitration - pending the challenge (Rule 5.12
[o] DOJ IRR)
Pending the challenge within the level of arbitration proceedings - arbitral tribunal shall
continue hearing the domestic arbitration proceedings including the participation of the
challenged arbitrator in such arbitration proceedings - until a decision is rendered either by
the arbitral tribunal or the appointing authority (as the case maybe)
HOWEVER: If a Petition is elevated with RTC regarding the challenge against arbitrator,
because the parties, or the arbitral tribunal, or the appointing authority failed/refused to
act within the reglementary period required under Rule 5.12 [j] and [k] under DOJ IRR (i.e.,
that 15/30 days period as the case maybe), then the arbitral tribunal shall suspend the
arbitration proceedings - until the RTC rendered decision (whether denying or granting the
Petition). Now, after the RTC rendered decision granting the Petition thereby rendering the
position of the challenged arbitrator as vacant, then the parties immediately appoint a
new/substitute arbitrator
Note: The procedure to be observed in the appointment of new/substitute arbitrator is the
same procedure that was observed when the challenged arbitrator was appointed
 TERMINATION of the FUNCTION of the ARBITRATOR - PENDING the DOMESTIC

ARBITRATION (Article 5.13 DOJ IRR; in contrast with challenge against the arbitrator under
If the arbitrator becomes a de jure (failure to act required by ADRA/DOJ IRR/RA 876) or de facto
arbitrator (impossibility to act; e.g., physical or mental disability), so that he is unable to
perform his functions as arbitrator, or for other reason fails to perform his function without
undue delay - THEN: The arbitrator is deemed terminated either (1) by his voluntary
withdrawal, or (2) by agreement of all parties that the arbitrator is terminated - BUT (for
purposes of facilitating the voluntary withdrawal of the arbitrator without fear for liability for
damages to the parties): Whether terminated by his voluntary withdrawal or by agreement of
all parties, this does not imply that the arbitrator admitted the validity of his termination as de
jure/de facto arbitrator, neither admission any of those grounds under Article 5.12 DOJ IRR
(Challenge against the arbitrator)
(1) If arbitrator refused to voluntarily withdraw despite being a the de jure/de facto
arbitrator (Article 5.13 DOJ IRR in relation to Rule 8.2 Special ADR Rules)
Any of the parties can request the appointing authority to decide on the termination -
which decision shall be final and executory not subject to MR or appeal
 Suppose the appointing authority refused to decide on the request for the termination
of the de jure/de facto arbitrator
 PROCEDURE for the APPOINTMENT of SUBSTITUTE ARBITRATOR after the TERMINATION

of the FUNCTION of the TERMINATED ARBITRATOR PENDING the DOMESTIC ARBITRATION
(Article 5.14 DOJ IRR; in contrast with challenge against the arbitrator under Article 5.12 DOJ
IRR)
Whether the termination is due to voluntary withdrawal, or by agreement of all parties
declaring the arbitrator as terminated, or for any other reason (i.e., by decision of the
appointing authority or the RTC - whether on ground under Article 5.12 or 5.13 DOJ IRR) - THEN:
A substitute/new arbitrator shall be appointed in the same procedure when the terminated
arbitrator was appointed
 (*) DIFFERENT JURISDICTIONS/POWERS of the DOMESTIC ARBITRAL TRIBUNAL

(a) FIRST: Competence/power of the arbitral tribunal to "rule on its jurisdiction"
(1) Principle/doctrine of "Competence-Competence" of the arbitral tribunal (Article 5.15
[a] DOJ IRR in relation to Rule 2.4 Special ADR Rules)
When dispute arises between parties, and there being arbitration agreement, one of the
parties demand for arbitration (i.e., demand to arbitrate commences the arbitration),
the arbitral tribunal (after the commencement of the arbitration [Rule 3 {B} Special ADR
Rules]) is given the privilege of the first opportunity (before RTC intervention) the
jurisdiction/power to rule when the adverse party objects against arbitration on any of
the following grounds:
(i) That the arbitration agreement is inexistent, void, inoperative, incapable of being
performed, unenforceable, or not binding for any reason including the issue that
the adverse party is not privy to the arbitration agreement; or
(ii) That the dispute is not arbitrable (e.g., those instances under Section 6 ADRA) or the
dispute is outside the scope of the (or not included in the) arbitration agreement; or
(iii) That the dispute is under the original and exclusive jurisdiction of a court or quasi-
judicial body
Notes:
(a) Commencement of the domestic arbitration- in case of a pre-existing arbitration
agreement (Article 5.20 DOJ IRR)
When there is pre-existing arbitration agreement between parties, the domestic
arbitration is commended as follows:
(1) In case the parties agree for institutional arbitration, then it is commenced in
accordance with the rules of the institution
(2) In case the parties agree for ad hoc arbitration, then it is commenced by
claimant by delivering to the respondent a demand for arbitration
(b) Arbitration agreement is "inexistent"
Meaning there really no arbitration agreement
(c) Arbitration agreement is "void"
That the arbitration agreement is:
(1) Contrary to law, morals, good customs, public policy or public order
(2) Absolutely simulated (not merely relatively simulated contract)
(3) The subject-matter refers to things outside the commerce of men
(4) The subject-matter refers to service (physically or legally) impossible to perform
(5) One of the parties did not give consent
(d) Arbitration agreement is "inoperative"
(1) The arbitration agreement contains period within which such agreement is
effective and such period already lapsed; or
(2) The parties previously revoked/rescinded their arbitration agreement
(e) Arbitration agreement is "incapable of being performed"
Arbitration agreement is “incapable of being performed” as when it is too vaguely
worded so as it is incapable to determine what is the subject matter of the
arbitration agreement, or the intention of the parties cannot be determined
whether or not to submit their dispute to arbitration, or that the arbitration
agreement contains “co-equal forum selection clause” (i.e., there are 2/more
arbitration venues from which the parties could select) but the parties cannot agree
unanimously as where is the arbitration venue
(f) Arbitration agreement is "unenforceable"
Unenforceable contracts are those that are mentioned under Article 1403 NCC (e.g.,
arbitration agreement entered by a person without authority from the party, the
arbitration agreement is not in writing to the arbitration agreement)
Remedy: Ratification
(g) Arbitration agreement is "not binding for any reason including the issue that the
adverse party is not privy to the arbitration agreement "
Meaning, the adverse party did not sign or even authorized the person who signed
the arbitration agreement for him
(2) (*) Appointment of arbitrator/s pending the objection of the adverse party as to
arbitral tribunal's jurisdiction - and his non-submission to the jurisdiction of the
arbitral tribunal (Article 5.15 [b] DOJ IRR in relation to Rule 3 [A] Special ADR Rules)
After the commencement of the arbitration, the adverse party must appoint or
participate in the appointment of arbitrator/s - as such objection to jurisdiction is not
for the parties to decide but rather for the arbitral tribunal. NOW: The participation of
the adverse party in the selection/nomination and appointment of arbitrator is not to
be construed that he submitted himself/waived to the jurisdiction of the arbitral
tribunal, or waived to the validity of the arbitral award (in the event the arbitral
tribunal under Article 5.15 [c] DOJ IRR opted to proceed with the arbitration proceedings
and ultimately rendered arbitral award pending the Petition with RTC questioning the
jurisdiction of the arbitral tribunal)
(3) (*) Suspension of the arbitration proceeding - pending the Petition with RTC
questioning the jurisdiction of the arbitral tribunal (Article 5.15 [c] DOJ IRR in relation
to Rule 3 [B] Special ADR Rules)
After the commencement and constitution of the arbitral tribunal (i.e., after the
appointment of arbitrator/s), the adverse party filed a Petition with RTC questioning
the jurisdiction of the arbitral tribunal, the arbitral tribunal taking into consideration
the arguments of parties regarding its jurisdiction and the necessity to expeditiously
render arbitral award, has the discretion to either continue the arbitration proceedings
or suspend until the RTC has rendered the decision on the Petition
Note: Pending the Petition with the RTC, the RTC has no power to suspend the
arbitration proceedings (Rule 3.18 [B] Special ADR Rules)
(4) (*) When one party files action in court (the cause of action or subject-matter of which
is the container contract or main contract which is also the subject-matter for
arbitration) - either before the commencement of domestic arbitration or pending the
domestic arbitration (i.e., after the constitution of the domestic arbitration)(Article 5.15
[d] DOJ IRR)
Before the commencement of the domestic arbitration, such action filed with court
does not prevent the parties from commencing the arbitration. After the
commencement of the domestic arbitration and constitution of the domestic arbitral
tribunal, such action filed with court does not prevent the arbitral tribunal from
continuing the arbitration proceedings until it rendered the arbitral award
Notes:
(a) "Container contract" and main contract - explained
Container contract refers to the main contract of the parties(e.g., loan, sale or
otherwise), and in the same main contract, imbedded/contains the arbitration
agreement (which we call it arbitration clause) stating that in case of dispute in the
main contract, the parties shall undergo arbitration.
The arbitration agreement can also be made in another document separate from but
in reference to the main contract.
(b) (*) When one of the parties filed action with court despite the existence of
arbitration agreement (though such existence of arbitration agreement being
questioned in the meantime), the court shall refer the case to arbitration -
PROVIDED: (1) one of the parties file a Motion with the court to refer to case to
arbitration not later than the pre-trial conference, or (2) even if after the pre-trial
conference, both parties file/joined in the Motion with the court to refer the case to
arbitration (Rule 4.1 in relation to Rule 4.2 and 4.3 Special ADR Rules)
(b) (*) SECOND: Competence/power of the domestic arbitral tribunal to issue "Interim
Measure of Protection" or otherwise called "Provisional Relief" (Article 5.16 DOJ IRR in
relation with Article 5.24 DOJ IRR)
(1) When does arbitral tribunal issue interim measure of protection (i.e., interim meaning
the protection is issued after the constitution of the domestic arbitral tribunal; Article
5.16 [a] DOJ IRR in relation to Article 5.16 [b] DOJ IRR - because before its constitution,
the interim measure of protection is to be filed with RTC)
(Unless otherwise agreed by the parties) After the constitution of the arbitral tribunal,
the request for interim measure of protection must be filed with the arbitral tribunal -
which interim protection includes but not limited to:
(a) Preliminary injunction (whether mandatory injunction [i.e., to compel an act to
avoid irreparable injury], or prohibitory injunction [i.e., to prohibit an act to avoid
irreparable injury], or to secure the performance of obligation or the execution of
arbitral award)
(b) Appointment of receiver of the property - which is the subject-matter of arbitration
dispute (for someone/receiver to take care of the subject property for purposes of
avoiding irreparable injury, or to secure performance of the obligation or execution
of the arbitral award, or to preserve evidence)
(c) Detention of the property - which is the subject-matter of arbitration dispute (for
purposes of avoiding irreparable injury, or to secure performance of the obligation or
execution of the arbitral award, or to preserve evidence)
(d) Preservation of property - which is the subject-matter of arbitration dispute (for
purposes of avoiding irreparable injury, or to secure performance of the obligation or
execution of the arbitral award, or to preserve evidence)
(e) Inspection of property - which is the subject-matter of arbitration dispute (for
purposes of gathering evidence, or as a prelude to interim measure of protection say
injunction)
Note: Other interim measure of protection could be preliminary attachment of subject
property, garnishment of monetary/funds that is under the custody of 3rd person (Rule
5.6 [b] Special ADR Rules)
(2) (*) When does the arbitral tribunal deemed constituted (Article 5.16 [b] DOJ IRR)
When the sole arbitrator or 3rd arbitrator (i.e., in case the arbitral tribunal composed of
panel of 3 arbitrators), as the case may be, has been nominated in writing requesting
him to be an arbitrator, and he accepted such written nomination and the nominated
arbitrator communicated/send such written nomination written thereon his acceptance
(e.g., "Accepted: signature") to and received by the party requesting him to be an
arbitrator
(3) Procedures to be observed for the issuance of an Order of Interim
Protection/Provisional Relief (Article 5.16 [c] DOJ IRR)
(a) Any party should make a written request filed with the arbitral tribunal for the
issuance of an Order regarding interim protection/provisional relief - for the
following purposes:
(i) To prevent/avoid irreparable injury; or
(ii) To provide security/assurance for the performance of obligation (or to secure
execution of the arbitral award); or
(iii) To produce evidence; or
(iv) To preserve evidence; or
(v) To compel an act (mandatory injunction), or to prohibit an act (prohibitory
injunction)
HOWEVER: Such Order regarding interim protection/provisional relief - maybe
subjected to condition (e.g., condition upon the requesting party to provide security
or to do an act or avoid an act - for the protection also of the adverse-party)
(b) The requesting-party shall serve his written request to the adverse-party against
whom the relief/protection is sought - AND: State therein in detail the following:
(i) The precise/specific relief/protection; and
(ii) The adverse-party against whom the relief/protection is sought (e.g., his correct
name, age, address); and
(iii) The ground/s for the relief/protection; and
(iv) The evidence proving the relief/protection sought
 The effectivity of the Order of the arbitral tribunal - either granting/denying the
request for interim protection/provisional relief (Article 5.16 [c] [vi] DOJ IRR in
relation to Rule 5.16 Special ADR Rules)
Such Order is binding upon the parties. HOWEVER: Should the arbitral tribunal is
unable to effectively enforce its Order granting the interim protection/provisional
relief, then the requesting-party can file Petition with RTC asking the latter to assist
in the enforcement of said Order of the arbitral tribunal
 In case the adverse-party does not comply with the Order of the arbitral tribunal
granting the interim protection/provisional relief (Article 5.16 [c] [vii] DOJ IRR)
He shall be liable to the requesting-party for damages, reasonable attorney's fees
paid by requesting party to his lawyer relevant to the filing of Petition for assistance
with RTC, and including relevant expenses (i.e., expenses relevant to the
"enforcement" of the Order issued by the arbitral tribunal granting the interim
protection/provisional relief [such as fares/fuel, filing and docket fee paid to RTC],
etc.)
 THE CONDUCT of DOMESTIC ARBITRAL PROCEEDINGS (Article 5.17 - 5.46 DOJ IRR)
(1) What rules of procedure to govern domestic arbitration proceedings (Article 5.18 DOJ IRR)
(Subject to the provision of DOJ IRR)Parties are free to agree. In the absence of such
agreement, then the arbitral tribunal shall conduct the arbitration proceedings in
accordance with the procedure it considers appropriate (subject to the provision of ADRA).
The arbitral tribunal has the power to determine the admissibility, relevance and weight of
evidence.
(2) Venue of domestic arbitration (Article 5.19 DOJ IRR)
The parties are free to agree - BUT: In the absence of such agreement, the venue shall be in
Metro Manila - unless the arbitral tribunal (in Metro Manila) decides to different venue
after considering the circumstances of the case such as the convenience of the parties
(Unless otherwise agreed by the parties) The arbitral tribunal can conduct the proceedings
in a place (other than the place of arbitration venue) it deems appropriate for purposes of
consultation among arbitrators, hearing parties/witnesses/experts, or inspection of
goods/property/documents
(3) Language to be used during arbitration proceedings (Article 5.21 DOJ IRR)
The parties are to free to agree - BUT: In the absence of such agreement, the language shall
be in Filipino or English (default language). In case of agreed language, (unless specified
otherwise by the parties in the language agreement) such language shall be used in all
arbitration hearings and all written statements, orders (of the arbitral tribunal) and all other
communications by the parties and arbitral tribunal (Article 5.21 [a]) - AND: The arbitral
tribunal may order that all documentary evidence shall be accompanied by translation into
agreed language
(4) When arbitration proceedings - is "commenced" (Article 5.20 DOJ IRR)
(a) When there is pre-existing arbitration agreement (Article 5.20 [a] DOJ IRR)
The arbitration deemed commenced as follows:
(i) In institutional arbitration - arbitration is commenced in accordance with its own
rules
(ii) In ad hoc arbitration - arbitration is commenced when claimant delivered demand
for arbitration to the respondent, which demand can be in any form but must state
the following:
(1) name/address/description of all parties
(2) description of the nature and circumstances of the dispute
(3) relief prayed for
- AND: Attach with the demand the following:
(1) arbitration agreement and other relevant agreements/contract/documents
(2) the demand to appoint arbitrator
NOW: If the arbitration agreement provides for sole arbitrator, then the demand
shall state invitation to meet at a place, date and time for purposes of agreeing
for the sole arbitrator which date shall be at least 30 days from receipt of
respondent of the demand (Article 5.20 [b] DOJ IRR)
BUT: If the demand provides for 3 arbitrators, then the demand shall state the
name of the arbitrator chosen by the claimant stating his curriculum vitae and
the acceptance by chosen arbitrator of his appointment (Article 5.20 [c] DOJ
IRR).The demand must also require the respondent to name his own arbitrator
at least 15 days from his receipt of the demand (but can be extended by
agreement of the parties), and within such period, the respondent shall give
written notice to the claimant stating therein the name of his chosen arbitrator
and the latter's curriculum vitae and his acceptance of appointment (Article 5.20
[e] DOJ IRR)
(b) When there is no pre-existing arbitration agreement (Article 5.20 [d] DOJ IRR)
The arbitration is commenced when one party delivered demand for arbitration to the
other party and the latter accepts/agrees to such demand (i.e., we call it submission to
arbitration)
(5) When is the domestic arbitral tribunal deemed constituted (Article 5.16 [b] DOJ IRR)
When the sole arbitrator or 3rd arbitrator (i.e., in case the arbitral tribunal composed of
panel of 3 arbitrators), as the case may be, has been nominated in writing requesting him to
be an arbitrator, and he accepted such written nomination and the nominated arbitrator
communicated/send such written nomination written thereon his acceptance (e.g.,
"Accepted: signature") to and received by the party requesting him to be an arbitrator
Note: One importance of knowing when the arbitral tribunal is deemed constituted is for
purposes of "interim measure of protection"
(6) The requirement upon the appointed arbitrator/s before assuming his function as
arbitrator (Article 5.23 [s] DOJ IRR)
Before the appointed arbitrator/s assume his office, he must be sworn under oath by any
officer authorized to administer oath (e.g., notary public, judge, etc.), in lieu of being worn
under oath, he must make affirmation - swearing that he will faithfully and fairly hear the
arbitration dispute and will render a just arbitral award according to the best of his ability
and understanding. A copy of such oath/affirmation shall be furnished the arbitration
parties
In case the appointed arbitrator failed or refused to take the oath/affirmation, any of the
parties can object to the commencement or the continuation of the arbitration
proceedings. If the appointed arbitrator refused to take the oath/affirmation, he shall be
replaced. Failure of any party to object (after the arbitrator already assumed his office) is
deemed as waiver on his part and the arbitration proceedings/process will continue, and he
cannot later used such non-taking of oath/affirmation of the arbitrator as ground to
invalidate/vacate the arbitral award (Article 5.23 [t] DOJ IRR)
Note: In case of a pre-existing arbitration agreement: Arbitration is commenced in an
institutional arbitration in accordance with its own rules - AND: In an ad hoc arbitration,
arbitration is commenced when the claimant send demand for arbitration to the respondent
(Article 5.20 [a] DOJ IRR). In case no pre-existing arbitration agreement: The arbitration is
commenced when one party send demand for arbitration to the other party, and the latter
accepts/agrees to such demand (i.e., we call it submission to arbitration; Article 5.20 [d])
(7) After the arbitration is commenced, follows the "Statement of Claims" (by the claimant)
and the "Statement of Defense"(by the respondent) (Article 5.22 DOJ IRR)
Within the period agreed by the parties (or the arbitral tribunal [in the absence of such
agreement]), the claimant shall file his "Statement of Claims" with the arbitral tribunal,
stating therein (unless otherwise agreed by the parties) facts supporting his claim/s, issues,
and relief prayed for - WHILE: The respondent shall also file his "Statement of Defense/s"
with the arbitral tribunal, stating therein his specific defense/s. The parties in their
respective "Statements", shall attach all relevant documents (documentary or otherwise)
(Unless otherwise agreed by the parties) During arbitration proceedings, the can amend or
supplement their "Statements" - UNLESS: The arbitral tribunal denies taking into
consideration the (undue) delay that lapsed before the party decided to amend/supplement
his "Statements"
 (*) Default of party in failing to communicate his "Statement of Claim/s" or
"Statement of Defense/s" - after the constitution of the arbitral tribunal (Article 5.25
DOJ IRR)
Default of claimant: (Unless otherwise agreed by the parties) When the claimant
without showing sufficient/justifiable cause, fails to file his "Statement of Claim/s" with
the arbitral tribunal in accordance with Article 5.22 [a] DOJ IRR (Statement of Claim/s
and Defense/s), the arbitral tribunal shall terminate the arbitration proceedings
Default of respondent:(Unless otherwise agreed by the parties) When the respondent
without showing sufficient/justifiable cause, fails to file his "Statement of Defense/s"
with the arbitral tribunal in accordance with Article 5.22 [a] DOJ IRR (Statement of
Claim/s and Defense/s), the arbitral tribunal shall proceed with the arbitration
proceedings but without treating such failure as admission by respondent on the
claimant's claim/s
(8) Arbitration hearings and written proceedings (i.e., proceedings on record; Article 5.23 DOJ
IRR)
(a) Preliminaries:
(1) Procedure to be observed during arbitration proceedings (Article 5.23 [a] DOJ IRR)
In ad hoc arbitration, the procedure shall be as agreed by the parties - BUT: But in
the absence of such agreement, the procedure shall be as determined by the arbitral
tribunal but with the consent of the parties. In institutional arbitration, the
procedure shall be that of the procedure of the institution. NOW: In all procedures
not provided by the agreement of the parties and the ad hoc or institutional
arbitration - THEN: The procedure to be observed are as provided in Chapter 5 DOJ
IRR (Domestic Arbitration; i.e., the provisions Chapter 5 DOJ IRR apply by way of
suppletory procedures)
(2) Duty of arbitrator/s to attend all arbitration hearings (Article 5.23 [v] DOJ IRR)
(Unless agreed otherwise by the parties) The arbitrator/s shall attend all hearings of
the arbitration proceedings
(3) Arbitrator cannot act as mediator (Article 5.23 [r] DOJ IRR)
In the event pending the arbitration proceedings, the parties agree to amicably
settle their dispute, any arbitrator cannot act as "mediator" in the arbitration
proceeding he is sitting - even if requested by all parties. Now, in such case, during
the negotiations of the parties towards amicable settlement of their dispute, such
negotiation must proceed without the presence of the arbitrator/s
Notes:
(a) If the arbitration parties during arbitration, voluntarily settled their dispute
through mediation (Section 20 RA 876)
After the arbitration parties settled their dispute through mediation, the parties
can agree and request the arbitral tribunal to treat their settlement as if arbitral
award, which award shall be signed by the arbitrator/s
NB: Read Article 5.30 DOJ IRR (Settlement [infra])
(b) Mediation parties can agree that their mediation settlement be treated as if
arbitral award (Section 17 [d] ADRA)
The parties in the mediation proceedings can agree that the mediator is
converted as sole arbitrator, and treat the proceeding no longer as mediation
but arbitration - hence, the award shall be treated as if arbitral award
enforceable under RA 876
(4) Matters of concern during the arbitration (Article 5.23 [c] DOJ IRR)
Shall be resolved according to the agreements of the parties, and in the absence of
such agreement, the arbitral tribunal shall resolve taking into consideration the
views expressed by the parties
(5) Dates and time of arbitration hearing (Article 5.23 [d] DOJ IRR)
The arbitral tribunal in consultation with the parties shall fix the dates and time of
arbitration hearings - taking into consideration that the arbitration shall be
concluded/terminated without undue delay
Hearing dates shall not be postponed except with the conformity of the arbitral
tribunal and the parties - provided such postponement shall be due to good and
sufficient/justifiable reason (Article 5.23 [e] DOJ IRR)
(6) Service of documents by a party to other party (Article 5.23 [l] DOJ IRR)
Each party shall serve to the adverse party his written statements/documents he
filed with the arbitral tribunal - and the adverse party is given the right to reply
thereon in writing
(7) Persons who are allowed during hearing of the arbitration proceeding (Article 5.23
[h] DOJ IRR)
Only the parties, their respective representative, their respective witnesses,
arbitrator/s and administrative staff of the arbitral tribunal - are allowed to be
present during arbitration proceedings. HOWEVER: Other person maybe allowed by
the arbitral tribunal provided the parties were priorly informed thereof including the
reason for his presence, and the parties do not object
HOWEVER: During the testimony of a witness, the arbitral tribunal has the power to
exclude from the hearing other witnesses (Article 5.23 [v] DOJ IRR)
Note: The parties may however agree in writing that no hearing shall be conducted
by the arbitral tribunal - instead, the parties will just submit all the necessary
pleadings (e.g., Position Paper/Briefs) attached therewith documentary evidence,
replies - and afterwhich, the arbitral tribunal shall declare the arbitration
proceedings "closed", then followed by rendition of arbitral award (Section 18 RA
876)
(b) Pre-hearing Conference (akin to pre-trial conference under Rules of Court; Article 5.23
[b] DOJ IRR; in the absence of procedure agreement of the parties or in the absence of
the procedure of ad hoc or institutional arbitration - the following procedures shall be
observed by way of suppletory procedures)
(After the arbitration is commenced) Within 30 days reckoned from the constitution of
the arbitral tribunal (i.e., after the arbitrator/s already appointed), the arbitral tribunal
shall call upon the parties and their respective representative if any (e.g., Notice of Pre-
hearing Conference) for the conduct of Pre-hearing Conference for purposes of
determination/agreement on the following: (Article 5.23 [b] DOJ IRR)
(i) Venue of arbitration proceeding whether it is to be conducted in an office space,
business center, function room or any suitable place agreed by the parties and the
arbitral tribunal - which venue may vary per session/hearing/conference
(ii) Manner of recording the arbitration proceedings
(iii) Reglementary periods for the filing/communication of pleadings (such as Statement
of Claim/s by claimant, Statement of Defense/s by respondent with or without
counterclaim, and the answer by claimant to such counterclaim by respondent), and
the forms and contents of pleadings
(iv) Identification of issues, and the summary of claims and counterclaims of the parties
(v) Determination if oral arbitration hearings will be required (and if so, the manner
how evidence is to be formally offered), submission of sworn statements of parties
and witnesses in lieu of their oral testimony, the manner of direct and cross-exam
on parties and witnesses
(vi) Manner of delivery/service of communications such as pleadings, documents, terms
of reference, Order of arbitral tribunal grating interim protection/arbitral award and
the like. Electronic documents shall be reduced to hard copy which to be delivered
either personally or by registered mail
Note: "Terms of Reference" is issued by the arbitral tribunal after the conclusion of
the preliminary conference stating therein the stipulation of facts, admissions of
documents, number of witnesses - which TOR controls the arbitration proceedings
(i.e., similar to Pre-trial Order issued by court after the conclusion of pre-trial
conference)
(vii) The issuance of subpoena ad testificandum or duces tecum to compel
testimony/production of documents
(viii) The appointment of expert and the manner of which he is to testify, the period
when should the party requesting for appointment of expert file his proposed
terms of reference (specifying therein) regarding the appointment of and
testimony of the expert, expert's fees and manner of payment of such fees
(ix) Application for interim protection either with the arbitral tribunal or court-
pending the arbitration proceedings
(x) Manner of conducting ocular inspection, the date, place and time of said
inspection, and also the manner of sharing of expenses associated with/relevant to
such inspection
(xi) Fees to be paid to the arbitral tribunal, including arbitration
costs/charges/expenses - and the manner of payment thereof
(xii) Other relevant matters as the parties and arbitral tribunal may consider - necessary
for the speedy and efficient arbitration
Note: As you can observe, possibility of amicable settlement of the dispute is not among
those purposes of the pre-hearing conference - on reason that it would convert the
proceeding from arbitration to mediation so that arbitrator/s are not allowed to act as
mediator (see Article 5.23 [r] DOJ IRR). But the arbitration parties are not precluded from
amicably settling their dispute, only that the arbitrator/s cannot attend during such
amicable negotiation process
(c) (*) Arbitration hearing can proceed despite absence of parties and/or his
representative (Article 5.23 [g] DOJ IRR)
Arbitration hearing shall proceed if the party and/or his representative failed to appear
despite due notice - UNLESS: He requested for a good and justifiable postponement
(under Article 5.23 [e] DOJ IRR; e.g., filed Motion for Postponement)
 Default of a party in failing to appear for arbitration hearing or produce
documentary/object evidence (Article 5.25 [c] DOJ IRR)
If a party without showing sufficient/justifiable cause, failed to appear in arbitration
hearing despite due notice, or appeared but failed to produce documentary/object
evidence - then the arbitral tribunal shall proceed with the arbitration proceedings,
and can even render arbitral award not based on absence/failure to produce
documentary/object evidence, but based on evidence proven by the other party
Note: When arbitration proceeding is continued despite absence of the party and his
representative, the other party can be allowed to present evidence ex parte. If a
party continuously absent himself until the arbitral tribunal rendered arbitral award,
such arbitral award should not be based on such absence but still based on evidence
proven by the other party (Section 12 Par 2 RA 876)
(d) Resolution of arbitral tribunal on threshold issues (Article 5.23 [i] DOJ IRR)
Upon request of any of the parties, the arbitral tribunal hold in abeyance the arbitration
proceedings on the merits of the dispute, and instead shall resolve first the threshold
issues (i.e., preliminary issues) regarding (1) issue questioning the jurisdiction of the
arbitral tribunal over claim/s or counterclaim/s of the parties, or (2) issue regarding the
arbitrability of the dispute (whether on claim or counterclaim of the parties) - UNLESS:
The such threshold issue/s is so intertwined with the factual issues on the merits of the
dispute such that the threshold issue/s cannot be resolved ahead without touching
upon the merits of the dispute
(e) Power of the arbitral tribunal to issue subpoena to witnesses (ad testificandum/duces
tecum; Article 5.23 [v] DOJ IRR)
After any of the parties request the arbitral tribunal to issue subpoena and shown the
relevancy to the issues in the dispute, the arbitral tribunal has the power to issue
subpoena to any person to testify or to produce documentary/object evidence
 Power of arbitral tribunal to require the production of evidence (Article 5.23 [m]
DOJ IRR)
The arbitral tribunal may require the parties to produce documents or information
(written/oral) when in its opinion, is necessary for the rendition of a complete, fair
and impartial arbitral award
 Witness must take oath/affirmation (Article 5.23 [i] DOJ IRR in relation to Article
5.23 [u] DOJ IRR)
Before witness can testify (oral, or in writing in lieu of his oral testimony), he is
required to take an oath or in lieu thereof, to take an affirmation, before the arbitral
tribunal - to tell the truths and nothing but the truths(Note: "Take an Affirmation" is
relevant when the witness due to his religious belief is not allowed to take oath to
anybody (e.g., pagans, atheist, Iglesia ni Kristo, etc.)
The testimony of the witness during arbitration proceeding shall be recorded and
transcribed - and the costs thereof shall be shared by the parties (Article 5.23 [k] DOJ
IRR)
 Court can assist the arbitral tribunal in taking evidence - during arbitration
proceedings (Article 5.27 [a] DOJ IRR in relation to Rule 9.5 Special ADR Rules)
(Considering that the arbitral tribunal has no contempt power)The arbitral tribunal
motu proprio, or by request of any party with the consent of the arbitral tribunal -
can request the RTC in taking the evidence to compel the following:
(1) To comply with the subpoena (ad testificandum/duces tecum) issued by the
arbitral tribunal
(2) To appear as witness before an officer for purposes of deposition (i.e., deposition
either oral examination or written interrogatories)
(3) To allow physical examination of the condition of person/s
(4) To allow inspection of things or premises
(5) To allow examination and copying of document/s
(6) For the performance of similar acts
 Expert appointed by the arbitral tribunal (Article 5.26 DOJ IRR)
(1) (Unless otherwise agreed by the parties) The arbitral tribunal may appoint
expert/s for him to make report on issues - for the consideration of the arbitral
tribunal. (Unless otherwise agreed by the parties) The arbitral tribunal may
require the party to give the appointed expert relevant documents/information,
or to give the appointed expert to have access to such
documents/goods/property - for the proper inspection thereof by the appointed
expert
The parties can agree that the report of the appointed expert shall bind the
parties and the arbitral tribunal
(2) (Unless otherwise agreed by the parties) After the expert delivered his report
(oral/written) to the arbitral tribunal, if any party requests or the arbitral tribunal
motu proprio considers necessary, the arbitral tribunal shall require the
appointed expert to attend the arbitration hearing to give the parties the
opportunity to propound questions upon him (i.e., examination), and also to give
opportunity to the parties to present their own expert witness to testify on the
issues relevant to the report of the appointed expert
(f) Resolution on "interlocutory" matters pending the arbitration proceedings (Article 5.23
[q] DOJ IRR)
It shall be resolved by the sole arbitrator or majority of the arbitrators (e.g., in case
panel of arbitrators). However, in case the arbitral tribunal compose of panel of
arbitrators, the arbitral tribunal can authorize its chairman to make the resolution
Note: Interlocutory matters refer to matter that need to be resolved by the arbitral
tribunal (whether sole arbitrator or panel of arbitrators) pending the arbitration
proceedings (e.g., interim measure of protection, whether to allow expert, challenge
against arbitrators, termination of arbitrator, etc.)
(g) Receiving of evidence by arbitral tribunal (Article 5.23 [n] DOJ IRR)
The arbitral tribunal shall receive as evidence all exhibits (documentary or object) -
provided, they were properly marked and identified at the time they were submitted
(h) "Orders" of the arbitral tribunal (in case of difficulty in enforcing the same) - the
assistance of RTC (Article 5.27 [b] DOJ IRR)
(Considering that arbitral tribunal has no contempt power to enforce its Orders) The
arbitral tribunal motu proprio, or any party - can file a Petition with RTC for an
assistance in enforcing its (arbitral tribunal) Order including but not limited to:
(1) Interim measure of protection/provisional relief
(2) Protective orders relevant to the imposition of confidentiality of information
obtained through arbitration proceedings
(3) Orders regarding the subject-matter of the arbitration dispute that may affect 3rd
person or the latter's properties
(4) Examination of debtors
(i) Closure of the arbitration hearing (Article 5.23 [o] DOJ IRR)
Before the arbitral tribunal declare the hearing as closed, it shall ask first the parties
whether they have further evidence or witness/es to present - and if none, then the
arbitral tribunal shall declare the hearing closed
After the hearing is declared closed, the parties are no longer allowed to make
motion/manifestation/submission - EXCEPT: (1) Only for "post-hearing briefs" and "reply
briefs" that parties agreed to submit within the period agreed by them, or (2) When the
arbitral tribunal motu proprio or upon request of any party, allows the "re-opening" of
the hearing (to continue hearing further evidence or for other purposes) (Article 5.23 p]
DOJ IRR)
(j) Decision of the arbitral tribunal (rendition of "Arbitral Award") - after the closure of the
arbitration hearing (Article 5.29 DOJ IRR)
(Unless otherwise agreed by the parties) The arbitral tribunal shall render its Decision -
(1) within 30 days reckoned from the arbitral tribunal's declaration closure of the
arbitration hearing (in case hearing were conducted), or (2)within 30 days reckoned
from submission of respective briefs of the parties (i.e., post-hearing briefs [e.g.,
Position Paper] - in case the parties asked the arbitral tribunal for them to submit their
respective post-hearing briefs after the arbitral tribunal declared the closure of the
arbitration hearings), or(3)within 30 days reckoned from declaration of arbitral tribunal
of the closure of the arbitration hearings - after the parties agree that the arbitration
shall be heard not by oral hearing but by pleadings
The Decision shall be made by the sole arbitrator. However, if the arbitral tribunal
composed of panel of arbitrators, then the Decision shall be reached by majority of the
arbitrators. NOW: Questions/issues on how Decision shall be arrived shall be resolved
by the majority of the panel of arbitrators - UNLESS: The parties so agree or the all
members of the panel of arbitrators so agree, such shall be resolved by the Chairman of
the of the panel of arbitrators
 Form and contents of the Decision rendering Arbitral Award (Article 5.31 in relation
with Article 5.31 DOJ IRR)
(1) The Decision shall be in writing and signed by arbitral tribunal - BUT: In case of
panel of arbitrators, the signature of the majority of the arbitrators is enough
(provided the reason for the omitted arbitrator/s shall be stated in the Decision)
(2) The Decision shall state the date and place/venue of arbitration as determined
under Article 5.19 DOJ IRR (supra)
(3) The Decision shall state the basis therefor - UNLESS:
(a) The parties agreed that the Decision need not state the basis; or
(b) The Decision is based on agreed terms (consent award, or award based on
compromise) under Article 5.30 DOJ IRR, which provides:
If during arbitration proceedings, the parties amicably settled their dispute
(instead of waiting for the arbitral tribunal to render Decision), the arbitral
tribunal shall terminate the arbitration proceedings
HOWEVER (arbitration proceedings not yet terminated): If so requested by
the parties and not denied/objected to by the arbitral tribunal, such
settlement shall be recorded as if and in the form of "Arbitral Award Based
on Agreed Terms", or "Consent Award", or "Arbitral Award based on
Compromise" - IN WHICH CASE: Such award shall state that it is an "arbitral
award" having the status and effect award on the merits, and that such
award shall observed Article 5.31 DOJ IRR (Forms and Contents of Award)
(c) The Decision shall be furnished to the parties
 The Decision need not be sworn under oath/affirmed by the signatory
arbitrator/s - unless required by written agreement of the parties. NOW:
If the Decision did observe such requirement by the parties, then within
30 days from receipt of the Decision, any of the parties can request the
arbitral tribunal to comply with the same - otherwise, the party is
deemed to have waived and cannot later use it a ground in the Petition
to Vacate arbitral award filed with RTC
(k) Termination of the arbitration proceedings (Article 5.32 [a] DOJ IRR)
The rendition of the arbitral tribunal of its Decision (i.e., Arbitral Award) - terminates the
arbitration proceedings
 TERMINATION/CONCLUSION of the DOMESTIC ARBITRATION PROCEEDINGS (Article 5.32

DOJ IRR; Note: This is not the same with "Closure of the Arbitration Hearing [under Article
5.23 DOJ IRR]")
The arbitration proceeding is terminated - BY:
(a) The rendition of the arbitral tribunal of its Decision (i.e., Arbitral Award); or
(b) When the arbitral tribunal issued an "Order of Termination" of the arbitration proceedings -
on the following reasons:
(1) The claimant withdrew his claim - UNLESS: The respondent objects on ground that the
arbitral tribunal shall hear his counterclaim (he alleged ion his "Statement of Defense/s")
against the claimant, which counterclaim shall be heard in the same arbitration
proceedings; or
(2) The parties agree to terminate the arbitration proceedings; or
(3) The arbitral tribunal finds that the arbitration proceedings has for any reason become
unnecessary or impossible (e.g., it is proven that the arbitration agreement is inexistent,
void, inoperative [i.e., already revoked by the parties prior to the arbitration],
unenforceable, or incapable of being performed); or
(4) The required deposits for fees of the arbitral tribunal under Article 5.46 Par [d] DOJ IRR
are not paid(NB: This is not true in ICA; this akin to judicial proceedings where non-
payment of docket fee does confer jurisdiction by the court over the action/appeal)
Note: Article 5.46 [d] DOJ IRR: The fees of the arbitral tribunal shall be in accordance
with the amount involved in the dispute, the complexity of the dispute, the time spent by
the arbitral tribunal in conducting the arbitration and other relevant circumstances -
BUT: In any case, the fees of the arbitral tribunal shall be "reasonable"
 Prohibitory motion - after the termination of the arbitration proceeding (Article 5.32 [d]
DOJ IRR)
No MR or Motion for Correction and Interpretation of Arbitral Award, or Motion for
Additional Arbitral Award shall be allowed after the arbitral tribunal terminated the
arbitration proceedings - on reason that the arbitral tribunal already lose its jurisdiction
over the arbitration and the parties - UNLESS: When a party shown that the arbitral tribunal
failed to resolved an issue submitted for arbitration, then a "verified"Motion to Complete
Arbitral Awardcan be filed within 30 days reckoned from his receipt of the Decision
 Termination of the mandate of the arbitral tribunal (Article 5.32 [c] DOJ IRR)
The termination of the arbitration proceedings - carries with the termination of the
mandate of the arbitral tribunal - BUT SUBJECT TO: Article 5.33 DOJ IRR (Correction and
Interpretation of Arbitral Award or Addition Award [if so allowed by the arbitral tribunal]),
or Article 5.34 DOJ IRR (Application for Setting Aside an Exclusive Recourse Against the
Arbitral Award [i.e., Petition to Set Aside Arbitral Award is filed with RTC, and the RTC
remand the Petition back to the arbitral tribunalto resume the arbitration proceeding for
further proceedings - if in the opinion of the arbitral tribunal, such further proceedings will
eliminate the ground/s set forth in the Petition for the setting aside of the arbitral award])
 Reservation of arbitration costs in the Decision (Article 5.32 [e] DOJ IRR)
Notwithstanding the foregoing, the arbitral tribunal can make reservation in the Decision
regarding the setting of a hearing for purposes of determining the amount of the arbitration
costs, which party shall bear/pay the same, or the apportionment/sharing thereof between
the parties. Pending this reserved hearing, the Decision is not deemed final (or the
arbitration proceedings is not deemed terminated) so that pending such hearing, no appeal
or Petition (i.e., Petition for vacation/setting aside arbitral award), or any post-award
proceedings can be made.
 POWER OF DOMESTIC ARBITRAL TRIBUNAL to issue "ORDER" for INTERIM MEASURES -

PENDING ARBITRATION PROCEEDINGS (Article 5.24 DOJ IRR)
Already discussed (supra)
 MULTI-PARTY in a SINGLE [one] DOMESTIC ARBITRATION (Article 5.44 DOJ IRR)

When in a single arbitration involves 2/more parties, these Rules to the extent possible shall be
used as the arbitral tribunal deems appropriate to address complexities of a multi-party
arbitration - subject to Article 5.17 DOJ IRR (Equal Treatment on Parties) and Article 5.18 DOJ
IRR (Determination of Rules of Procedure [supra])
When claimant includes (in his demand for arbitration) persons who are parties to the
arbitration agreement between him and the respondent, which inclusion maybe as additional
claimant/s or additional respondent/s, the original respondent is deemed to have consented to
the inclusion of additional claimant/s or additional respondent/s - unless within the
reglementary period for filing his answer to the demand for arbitration, he files a Motion or
Answer with special defense objecting to the inclusion of additional claimants or additional
respondents on ground of lack of jurisdiction. In the same manner as the additional
respondent/s are deemed to have consented to their inclusion unless within the reglementary
period for filing his answer to the demand for arbitration, he files a Motion or Answer with
special defense objecting to the inclusion of additional claimant/s or additional respondent/s
on ground of lack of jurisdiction
 CORRECTION and INTERPRETATION of DOMESTIC ARBITRAL AWARD, and ADDITIONAL

ARBITRAL AWARD (Article 5.33 DOJ IRR)
(1) Correction in the Arbitral Award
(Unless another period is agreed by the parties) Within 30 days from receipt of the Decision,
any party may request the arbitral tribunal (with notice to the other party) to correct the
arbitral award for any error/s in computation, any clerical/typographical errors, or any
error/s of similar nature. AND IF: The arbitral tribunal finds such request justified, then
within 30 days from receipt of such request, it shall make the proper correction (unless the
arbitral tribunal extends the 30-day period)
HOWEVER: The arbitral tribunal motu proprio can make such correction - provided made
within 30 days from the date of such Decision
(2) Interpretation of the arbitral award
(Unless another period is agreed by the parties) Within 30 days from receipt of the Decision
and if so agreed by all parties, any party may request the arbitral tribunal (with notice to the
other party) to give an interpretation of a specific point or portion of the arbitral award.
AND IF: The arbitral tribunal finds such request justified, then within 30 days from receipt of
such request, it shall make the interpretation (unless the arbitral tribunal extends the 30-
day period) - which interpretation shall form part of the Decision (arbitral award)
(3) Additional award that was omitted in the arbitral award
(Unless otherwise agreed by the parties)Within 30 days from receipt of the Decision, any
party may request the arbitral tribunal (with notice to the other party) to make additional
arbitral award as to claims that was presented and proven during arbitration proceedings
but was omitted in the arbitral award - AND IF: The arbitral tribunal finds the request
justified, then within 60 days from receipt of such request, it shall make the additional
award (unless the arbitral tribunal extends the 60-day period)
NOW: In case the correction and/or interpretation is made by the arbitral tribunal, then it shall
observe Article 5.31 DOJ IRR (Forms and Contents of Arbitral Award; Note: Addition of arbitral
award - excluded)
 GROUNDS to VACATE/SET ASIDE the DOMESTIC ARBITRAL AWARD (Article 5.35 DOJ IRR)
Read Rule 11.4 Special ADR Rules (infra)
 CONFIRMATION of DOMESTIC ARBITRAL AWARD (Articles 5.36 DOJ IRR )

Read Rule 11 Special ADR Rules (infra)
CHAPTER 8. - CONSTRUCTION INDUSTRY ARBITATION
 CONSTRUCTION INDUSTRY ARBITRATION COMMISSION (CIAC)

It is a quasi-judicial agency (attached with DTI) with jurisdiction to resolve arbitration dispute
arsing from contracts involving construction in the Philippines
 JURISDICTION of CIAC (Section 4 CIAL [Construction Industry Arbitration Law], in relation

with Section 35 ADRA)
The exclusive and original jurisdiction over disputes arising from/connected with,
government/private contracts regarding dispute about construction in the Philippines
(commercial/non-commercial) - PROVIDED: The parties agree to submit their dispute to
arbitration (i.e., arbitration agreement). The said government/private contracts regarding
dispute about construction in the Philippines includes but not limited to: (a) Violation/breach
of the specifications for materials and workmanship, (b) Violation/breach of the terms of
agreement/contract, (c) The interpretation and/or application of contractual time and delays,
(d) Maintenance and defects of the construction, (e) Payment default of employer or contractor
and changes in contract cost. The parties to the construction dispute could be the project
owner (private/government), contractor, subcontractor, fabricator, project manager, design
professional, consultant, quantity surveyor, bondsman or insurer in a construction project
HOWEVER: Excluded from jurisdiction of CIAC is dispute arising from employer-employee
relationship which is under the original and exclusive jurisdiction of NLRC
(1) The parties cannot expand/diminish jurisdiction of CIAC by agreement
The parties cannot by their stipulation in their arbitration agreement, expand/diminish the
CIAC's jurisdiction, such as by their stipulation that only disputes arising from physical
construction (execution of works) are arbitrable - instead, all that is required for CIAC to
acquire jurisdiction is the mere fact that the parties has arbitration agreement
(2) (*) The parties cannot subject the jurisdiction of CIAC to condition precedent (LICOMCEN
Incorporated vs. Foundation Specialists, Inc., GR 167022, April 4, 2011)
In the sense that parties cannot expand/diminish the jurisdiction of CIAC, in the same
manner that parties cannot subject the jurisdiction of CIAC to a condition precedent
Facts: LICOMCEN entered into construction contract with FSI (contractor) to build high-rise
building, where imbedded in such contract is that in case of construction dispute between
them, the dispute shall first settled by LICOMCEN who shall render decision, and the FSI can
contest such decision by referring the dispute to CIAC for arbitration - provided FSI must
serve its Notice to Contest the decision within 30 days from its receipt of the LICOMCEN
decision - otherwise, the LICOMCEN decision shall become final and executory. Later, both
have construction dispute, and pursuant to the agreement, the LICOMCEN rendered
decision - however, FSI after receipt of such decision, did not serve LICOMCEN the required
Notice to Contest the decision within the 30-day period from receipt, but instead it only
made such Notice to Contest after 3 years
Issue: Does the compliance of 30-day period of giving Notice to Contest can validly serve as
condition precedent before the CIAC acquires jurisdiction over the construction dispute?
Held: NO. If the CIAC’s jurisdiction can neither be enlarged nor diminished by agreement
the parties, it also cannot be subjected to a condition precedent - instead, all that is
required for the CIAC to acquire jurisdiction is for the parties to agree to submit their
dispute to arbitration (arbitration agreement) without any qualification or condition
precedent - otherwise it would effectively suspend the jurisdiction of the CIAC until
compliance therewith thereby violating the intention of the law and rules to automatically
vest CIAC with jurisdiction
The CIAC is given the original and exclusive jurisdiction over disputes arising from, or
connected with, contracts entered into by parties involved in construction in the
Philippines. This jurisdiction cannot be altered by stipulations restricting the nature of
construction disputes, appointing another arbitral body, or making that body’s decision
final and binding.
(3) (*) Two independent ways were CIAC will acquire jurisdiction over construction dispute
(Huenghwa Industry vs. DJ Builder's Corporation, 573 SCRA 240)
First: Arbitration agreement is included in the main/container contract (pre-causal consent
in the form of arbitration clause)
Second: There is no such arbitration clause in the main/container contract but the parties
later agree in writing that in case of dispute they will submit it through arbitration (present-
causal consent in the form of submission agreement)
Note: Pre-causal consent such that the arbitration agreement already exists at the time the
main/container contract (called arbitration clause). Present-causal consent such that the
arbitration agreement existed after the execution of the main contract - and this could be in
the form of exchange of letters between parties by mail, telefax, telexes, electronic mail or
any other mode of communication - and in fact under Rule 4.1.3 of the 2017 CIAC Rules
arbitration agreement need not be signed by the parties (but must be in writing) as long as
their intent to undergo arbitration is clear
(4) (*) A third party in an accessory contract (e.g., performance bond; surety bond; etc.) is not
bound in the arbitration agreement between main parties in the main/container contract
(e.g., construction contract) - unless such accessory contract (i.e., the performance bond) is
"expressly incorporated" into the principal/main contract (i.e., the Construction Contract;
Stronghold Insurance Company vs. Stroem, GR 204689, January 21, 2015)
Facts: Spouses Stroem entered into construction contract with Constructor for the
construction of a residential house, and imbedded in such construction contract is an
arbitration clause and a performance bond (i.e., to guarantee performance by Constructor)
in the amount of P4.5M, and in view of which, Constructor contracted with Insurer to be to
solidarily liable together with the Constructor in the amount of P4.5M to Sps. Stroem in the
event the construction is not completed on time. Constructor breached on the construction
contract for failure to finish the construction within the time agreed, hence, Sps. Stroem
served demand letter to the Constructor and Insurer to finish the construction, but the
Insurer ignored the demand - that led Sps. Stroem to rescind the construction contract.
Sps. Stroem later filed Complaint with RTC against Constructor and Insurer for breached of
construction contract with claim for damages - where the RTC served summon both to
Constructor and the Insurer, but Constructor already absconded from the Philippines before
the summon served. RTC rendered decision finding the Insurer liable for P4.5 M with 6%
interest per annum reckoned from the first demand letter and a P35T attorney's fee.
Insurer appealed the RTC decision to CA, but affirmed by CA with modification only as to
attorney's fees increasing to P50T.
Insurer appealed the CA decision via Appeal by Certiorari under Rule 45 ROC (Petition for
Review on Certiorari) with the SC. In the SC, Insurer argued for the first time that the RTC
and CA has no jurisdiction over the case in view of the arbitration clause imbedded in the
construction contract between SPs. Stroem and the Constructor - hence, the original and
exclusive jurisdiction belongs to the CIAC
SC Ruling: Generally, a party cannot raise issues of facts for the first time on appeal.
However, it is also well-settled rule that jurisdiction can never be waived by the parties or
even by estoppel - as jurisdiction is conferred by law and not by the parties. Sps. Stroem
argue that the Insurer is not a party to the arbitration agreement - as it is only between Sps.
Stroem and the Constructor that may invoke the arbitration clause in their construction
contract.
This court has previously held that a performance bond (Prudential Guarantee and
Assurance, Inc. Vs. Anscor Land, Inc., GR 177240, September v8, 2010), which is meant "to
guarantee the supply of labor, materials, tools, equipment, and necessary supervision to
complete the project[,]" is significantly and substantially connected to the construction
contract and, therefore, falls under the jurisdiction of the CIAC. In the case of Prudential
Guarantee and Assurance Inc. v. Anscor Land, Inc. involved circumstances similar to the
present case. In Prudential case, property owner Anscor entered into a contract for the
construction of an eight-unit townhouse with contractor Kraft. Kraft secured the completion
of the construction project through a surety and performance bond issued by Prudential
Guarantee and Assurance Inc. The delay in the construction project resulted in Anscor's
termination of the contract and claim against the Prudential Guarantee and Assurance Inc
for its performance bond. Anscor subsequently commenced arbitration proceedings against
Kraft and Prudential in the CIAC. Prudential, however, argued that it was not a party to the
construction contract between Anscor and Kraft (hence, it should not also be bound by the
arbitration agreement between Anscor and Kraft). The CIAC ruled that Prudential was not
liable under the performance bond. Upon review, the Court of Appeals held that Prudential
was jointly and severally liable with Kraft under the performance bond. Prudential appealed
the Court of Appeals Decision to the SC and claimed that CIAC did not have jurisdiction over
the performance bond that the insurer issued.
SUPREME COURT RULED: A guarantee or a surety contract (performance bond) is an
accessory dependent of its existence upon the principal/main obligation (i.e. construction
contract) guaranteed by it - and in effect, the construction contract between Anscor and
Kraft is guaranteed by Prudential to be performed and completed even if Kraft fails in its
obligation. The Performance Bond is significantly and substantially connected to the
construction contract that there can be no doubt it is the CIAC, under Section 4 of EO No.
1008, which has jurisdiction over any dispute arising from or connected with the
construction. The surety’s (Prudential) liability to the "creditor or promisee (Anscor) of the
principal (Kraft) is said to be direct, primary and absolute, i.e., equally bound with the
principal (Kraft)." Verily, "in enforcing a surety contract, the ‘complementary contracts-
construed-together’ doctrine finds application - i.e., an accessory contract (performance
bond) being complementary to the principal/main construction contract, must be read
together with the principal/main contract (construction contract)." Applying the
"complementary-contracts-construed-together" doctrine, the Supreme Court held that the
surety (Prudential) willingly acceded/agreed to the terms of the construction contract
despite the silence of the performance bond as to arbitration. The performance bond (by
Prudential) executed between Kraft and Prudential was silent with regard to arbitration
agreement executed between Kraft and Anscor - on the other hand, the construction
contract (between Anscor and Kraft) was clear as to arbitration in the event of disputes.
Applying the said doctrine, we rule that the silence of the accessory contract (performance
bond) in this case could only be construed as acquiescence to the main contract
(construction contract).
This court, however, cannot apply the ruling in Prudential case to the present case. The
contractual stipulations in this case at bar and in Prudential are different. This court in
Prudential case held that the construction contract expressly incorporated the performance
bond into the said construction contract. In Prudential case, the construction agreement
provides, "The following shall FORM PART of this (Construction) Contract: (a) xxx ... (j)
Appendices A and B (i.e., respectively, Surety Bond for Performance and xxx) (even if the
performance bond is silent as to arbitration - on reason of the "complementary-contracts-
construed-together" doctrine plus the express incorporation of the performance bond with
the construction contract)." While in the case at bar, the construction contract between Sps.
Stroem and Constructor merely provides, "The performance bond will guarantee the
satisfactory and faithful performance by the Contractor (Lief) of all provisions stated within
this contract" - which merely stated that a performance bond shall be issued (by Insurer) in
favor of respondents (Sps. Stroem), in which case Insurer and Constructor shall
pay P4,500,000.00 (to Sps. Stroem) in the event that the Constructor fails to perform its
duty under the construction contract. Consequently, the performance bond merely
referenced the construction contract entered into by Sps. Stroem and the Constructor,
which pertained to the Constructor's duty to construct a two-storey residence building. To
be clear, it is in the construction agreement that the arbitration clause is found signed only
by Sps. Stroem and the Constructor. It is basic that "contracts take effect only between the
parties, their assigns and heirs[.]" The Insurer not being a party to the construction
agreement (which is the principal/main contract), the Insurer cannot invoke the arbitration
clause. The Insurer, thus, cannot invoke the jurisdiction of the CIAC. Assuming that
Insurance is privy to the construction agreement (between Sps. Stroem and Leif), we cannot
allow Insurance to invoke arbitration at this late stage of the proceedings since to do so
would go against the law's goal of prompt resolution of cases in the construction industry.
(5) (*) Jurisdiction of CIAC by "estoppel" (Stronghold Insurance Company vs. Stroem, GR
204689, January 21, 2015)
Where a surety (i.e., Insurer in a performance bond) in a construction contract actively
participates in a collection suit (during CIAC arbitration), it is estopped from later
questioning the jurisdiction of the CIAC
 (*) FINDINGS Of FACTS by CIAC (National Transmission Corporation vs. Alphaomega

Integrated Corporation, GR 184295, July 30, 2014)
Generally accorded with great respect, if not with finality - on reason that CIAC just like any
other quasi-judicial agency, has special knowledge and experience on technical and intricate
matters of facts - more so when the findings of facts by CIAC is affirmed by the Court of Appeals
 REVISED RULES OF PROCEDURE before CIAC (effective June 4, 2017)

(a) Judicial rules on Evidence not controlling (Section 1.3 CIAC Rules)
Judicial rules of evidence need not be controlling - such that it is the spirit and intention of
these Rules to ascertain the facts in each case by every and all reasonable means without
regard to technicalities of law or procedure
(b) (*) "Jurisdictional facts" to be alleged in the Complaint filed with CIAC Secretariat (Section
2.3 CIAC Rules)
The arbitration agreement (whether arbitration clause or submission agreement) must be
alleged in the Complaint (and attached with the Complaint). This submission agreement
can be made by exchange of communications between the parties, or some other form
showing that the parties agreed to submit their dispute to arbitration (e.g., electronic
communications, telefex, telegram, phone text messages, etc.)
NOW: If the complainant filed Complaint with CIAC despite no arbitration agreement exists,
the CIAC Secretariat shall within 3 days reckoned from filing of the Complaint, notify the
respondent if he is willing to submit to arbitration - AND: If he agrees to arbitration, then
he must clearly express the same in his Answer. But if the respondent disagrees to
arbitration, then he can do either by, (a) not to file any Answer, or (b) filing of a Motion to
Dismiss for lack of jurisdiction - in which case, the CIAC shall dismiss the Complaint without
prejudice (i.e., without prejudice such that the dismissal is not a disposition of the
arbitration with finality, rather the complainant can re-file Complaint in the event the
complainant and respondent eventually entered into arbitration agreement to submit their
dispute with CIAC for arbitration)
 Arbitration agreement (i.e., whether in the arbitration clause or submission agreement;
Section 4.1.3 CIAC Rules)
In all instances, arbitration agreement must be in writing but need not be signed by the
parties - so long as their intent to submit to arbitration is clear. This arbitration
agreement can even be in the form of exchange of letters by post, telefax, telegrams, or
by electronic communications (e.g., mobile phone text messages), or any other written
mode of communications
 When is the arbitration "commenced" (Section 3.4 CIAC Rules)
From the time the Request for Arbitration is filed with the CIAC Secretariat
Opinion (*): If the parties in the arbitration agreement agree to have their arbitration by
ad hoc arbitration, then the arbitration is commenced from the time one of the parties
served his request for arbitration to the adverse party. However, when the parties in the
arbitration agreement agree to have their arbitration by institutionalized arbitration,
then the arbitration is commenced when one of the parties file the Request for
Arbitration with the arbitration institution (e.g., with PDRCI when the domestic dispute is
not about construction; with CIAC when the domestic dispute is about construction)
 When respondent files MTD on ground of CIAC lack of jurisdiction (Section 2.4 CIAC
Rules)
The arbitral tribunal has the authority to rule on the same when the MTD alleges that
the dispute is not a construction dispute, that the respondent was represented by one
in an arbitration agreement who has no authority to represent him, or any reason that
the arbitration agreement is not valid, etc. (Competence-Competence Doctrine)
 (*) Non-waiver by respondent of jurisdictional challenge (Section 2.5 CIAC Rules)
The respondent is not deemed to have waived his right to challenge the jurisdiction of
the CIAC - by participating in the following:
(1) Participating in the nomination of arbitrator/s (among those accredited by CIAC)
(2) Filing of Motion for Extension of Time to file Answer/MTD;
(3) Filing of MTD or Motion to Suspend;
(4) Opposing the application for interim measure of protection
Note: Reason is jurisdiction is conferred by law and not by the parties
(c) Answer to be filed by the respondent (Section 5.1 CIAC Rules)
The respondent shall file his Answer (including counterclaim [if any]; copy furnished the
complainant) within 15 days reckoned from his receipt of the Notice by the CIAC
Secretariat. HOWEVER: The respondent can file Motion for Extension of Time to file his
Answer for justifiable reason.
IF: The respondent failed to file his Answer, the CIAC shall proceed with the arbitration
proceedings (e.g., proceed with the nomination of arbitrator/s and until its rendition of
arbitral award)
 Complainant's "Reply" (Section 5.3 CIAC Rules)
(If the Answer alleged counterclaim) The complainant shall file his Reply against the
counterclaim (copy furnished the respondent) within 15 days reckoned from his receipt
of the Answer with Counterclaim
(d) (*) When the respondent refused participating in the arbitration by filing his Answer
(Section 4.2 CIAC Rules)
When the CIAC jurisdiction is properly invoked in the Complaint, and the respondent
refused to participate in the arbitration despite due notice (e.g., did not file Answer) -
THEN: The CIAC will proceed with the appointment of arbitrator/s and continue to proceed
until rendition of arbitral award based on evidence proven by the complainant
 (*) When the respondent later decided to participate in the arbitration - before the
arbitral tribunal rendered arbitral award (Section 4.2.1 CIAC Rules)
When the respondent offers to present his evidence, the arbitral tribunal may if the
respondent justified his failure to file his Answer, re-open the case and require him to
file his Answer, pay the fees (if required), and then allow him to present his evidence -
BUT: At the discretion of the arbitral tribunal, with limited right to cross-examine
witnesses already presented (by complainant). NOW: Evidence already admitted by the
arbitral tribunal before the respondent decided to participate, shall remain
Note: Read Section 13.14 CIAC Rules (regarding re-opening of hearing before arbitral
award is rendered by arbitral tribunal)
(e) Nomination and appointment of arbitrator/s
 Arbitrator/s must be CIAC-accredited (Section 8.2 CIAC Rules)
The parties can only nominate arbitrator/s who is a CIAC-accredited (including substitute
arbitrator [in case the original arbitrator is terminated]). HOWEVER: A non-CIAC-
accredited arbitrator can be appointed provided (1) he is a "common nominee" of the
parties, (2) possesses the legal and technical competence in handling the involved
construction dispute, and (3) accepted the nomination
 Number of arbitrators (Section 9.1 CIAC Rules)
The arbitral tribunal can only either be one/sole arbitrator, or panel of three (3)
arbitrators - depending on the agreement of the parties (i.e., parties are limited to
choose whether 1 or 3 arbitrators). HOWEVER: In the absence of such agreement, then
the CIAC shall appoint 1/3 arbitrators
 If the parties agreed for one/sole arbitrator (Section 9.2-9.2.1 CIAC Rules)
Each party shall nominate at most 6 arbitrators from among the CIAC-accredited
indicating the order of preference within the period as ordered - OTHERWISE: The
CIAC shall appoint the sole arbitrator
If the parties respectively submitted their nominees, the CIAC shall appoint the
"common nominee" as long as he is qualified and accepted the nomination. In the
absence of common nominee (or the commonly nominated is disqualified or not
accepted the nomination), then the CIAC shall order the parties to agree on the sole
arbitrator within 48 hours from receipt of such Order - and if the parties still fail to
agree on the sole arbitrator, then the CIAC shall appoint the sole arbitrator (who is
not nominated by either of the parties) or can even appoint 3 arbitrators
 If the parties agreed for 3 arbitrators (Section 9.3 CIAC Rules)
The two (2) arbitrators shall be respectively nominated by the parties at most 6
arbitrators in the order of preference (from among the CIAC-accredited), and the
CIAC shall appoint the arbitrator for the parties as respectively nominated by the
latter. The third arbitrator by the CIAC who shall be the Chairman
 Challenge by party/ies against the appointment of arbitrator/s (Section 9.6 CIAC Rules)
The appointed arbitrator can be challenged (by Motion for Inhibition under oath)
anytime but before the lapse of the 10-day period for the submission of parties'
respective Memorandum/Draft Decision. This 10-day period within which to make the
challenge cannot be extended even if a Motion for Extension of Time to file
Memorandum/Draft Decision is filed by any of the parties
The grounds for the challenge shall be any of the following:
(a) Relationship of the (challenged) arbitrator with any of the parties or parties' counsel
within fourth degree either by consanguinity or affinity;
(b) The arbitrator has financial, fiduciary or other interest in the dispute;
(c) The arbitrator is partial or bias;
(d) The arbitrator is incompetent or exhibited professional misconduct
(e) Other just and valid ground/s - affecting the independence integrity, impartiality and
interest
 Disqualification of mediator/conciliator (Section 9.7 CIAC Rules)
A mediator/conciliator who previously served as such in a dispute cannot be an
arbitrator in the present dispute before CIAC - provided both disputes are the same -
UNLESS: Both parties agree
(f) Preliminary Conference
 Notice of Preliminary Conference (Section 11.1 CIAC Rules)
The arbitral tribunal shall serve Notice for Preliminary Conference to the parties to set
the case of preliminary conference within 15 days reckoned from appointment of
arbitrator/s - for the following purposes:
(a) Possibility of amicable settlement
(b) Necessity/desirability of amendments of pleadings (e.g., Complaint/Answer)
(c) Stipulations/admissions of facts/document
(d) Limitation of number of witnesses
(e) Determination of issues by the parties
(f) Application of interim measure of protection
(g) Appointment of experts, necessity of site ocular inspection
(h) Other matters that aids in the just and speedy disposition of the dispute
 Terms of Reference (TOR; Section 11.4 CIAC Rules)
After the preliminary conference, the arbitral tribunal shall issue "Terms of Reference"
(based on the concluded preliminary conference; singed by the parties and their counsel
and the arbitral tribunal; akin to Pre-trial Order issued by Court) - which TOR controls
the arbitration proceedings - unless TOR is corrected by Motion for manifest errors filed
not later than the hearing date (i.e., before the complainant begins presenting his
evidence)
(i) Arbitration proceedings
 Venue, date and time - of arbitration (Section 12.1 CIAC Rules)
Shall be mutually agreed by the parties together with the arbitral tribunal - BUT: In the
failure of such agreement, the venue chosen by the arbitral tribunal shall prevail
 Quorum in case of 3 arbitrators (Section 13.1.1 CIAC Rules)
Two arbitrators constitutes quorum - to proceed with the arbitration hearing
 Presentation of evidence
(1) Order of presentation of evidence (Section 13.3 CIAC Rules)
The arbitral tribunal has the discretion on the order of presentation of evidence -
HOWEVER: Generally, the complainant first presents evidence followed by the
respondent
(2) Arbitral tribunal to hear evidence - without regard to technical juridical rules on
evidence (Section 13.5 CIAC Rules)
Arbitration hearing proceeds despite absence of any of the parties duly notified, or
in case of waiver of right to be present at the hearing
 Arbitration proceedings proceed - despite absence of a party (Section 13.12
CIAC Rules)
PROVIDED: Such party is absent despite duly notified of the hearing date, or
failed to file Motion for Postponement
AT ANY RATE: Arbitral award cannot be rendered based solely on the
absence/default of a party - but instead, shall be based on evidence proven
(3) Witness' affidavit in lieu of direct testimony (Section 13.6 CIAC Rules)
The arbitral tribunal shall order the parties to simultaneously submit their respective
witness/es' affidavit - which affidavit takes the place of their direct testimony and
attached therewith documents properly marked as such (if any; e.g., Annex "A")
 Clarificatory questions by arbitral tribunal upon witnesses (Section 13.7 CIAC
Rules)
The arbitral tribunal can ask clarificatory questions upon witnesses - at any stage
of the arbitration proceedings
(4) Power to arbitral tribunal to issue "subpoena duces tecum" and "ad testificandum
"(Section 13.5.1 and 13.5.2 CIAC Rules)
Upon Motion or the arbitral tribunal motu proprio, it can issue an Order to any
person, board, body, tribunal, government office/agency/instrumentality - to
produce documentary/real evidence necessary for the proper adjudication of the
dispute, or order any person to testify
(5) Formal offer of documentary evidence by the parties (Section 13.9 CIAC Rules)
All documentary evidence must be formally offered for the arbitral tribunal to admit
the same - HOWEVER: Documentary evidence presented but not formally offered
but agreed by the parties to be nevertheless submitted, shall be filed with the
arbitral tribunal within 5 days reckoned from the time the arbitration hearing is
terminated
AT ANY RATE: As a general rule, no documentary evidence presented and formally
offered shall be rejected by the arbitral tribunal - unless it is irrelevant (Section 13.8
CIAC Rules)
 Submission of Memorandum/Draft Decision by the parties (Section 13.16 CIAC Rules)
If any of the parties desire, they may file his Motion for the submission of
Memorandum/Draft Decision - within 10 days reckoned from termination of the
arbitration hearing (i.e., after the parties presented all their pieces of evidence), or
reckoned from the filing of additional documentary evidence previously agreed by the
parties - whichever is later
 Closure of arbitration hearing (Section 13.13 CIAC Rules)
The arbitration hearing is deemed closed/concluded after the submission by the parties
of their respective Memorandum/Draft Decision, or after the lapse of the period given
by the arbitral tribunal for the submission thereof - IN WHICH CASE: No further hearing
or documents/pleadings shall be accepted
 Re-opening of arbitration hearing (Section 13.14 CIAC Rules)
The arbitral tribunal motu proprio or upon Motion of any party may re-open the
arbitration hearing for good cause - at anytime before the arbitral tribunal renders its
arbitral award - AND: When so re-opened, the closing of arbitration hearing shall be the
date of the closure of the re-opened arbitration hearing
(j) (*) Arbitral award - can be rendered without formal hearing (Section 13.17 CIAC Rules)
PROVIDED: All parties unanimously agree that the dispute is submitted to arbitral tribunal
for resolution (i.e., rendition of arbitral award) - after the filing of pleadings (e.g., after filing
Complaint and Answer), or after the filing of evidence (e.g., after filing of witnesses'
affidavit attached therewith documentary evidence), or after filing of Memorandum/Draft
Decision by the parties (Note: In other words, there will be preliminary conference and no
formal hearing for the presentation of evidence - instead, everything will be about filing)
 Form of arbitral award (Section 16.2 CIAC Rules)
In writing signed by the sole arbitrator, or by the 3 arbitrators, or majority of the 3
arbitrators (as the case may be). A dissenting arbitrator can make his dissenting opinion
in writing and signed by him
 (*) Arbitral award via amicable settlement (Section 16.4 and 16.4.1 CIAC Rules)
When the parties amicably settle their arbitration dispute pending the arbitration, the
arbitral tribunal upon Motion of all parties, can request that such amicable settlement
shall be treated as if arbitral award - BUT: Subject to approval by the arbitral tribunal
through summary hearing to determine whether such amicable settlement is not
against the law, morals, good customs, public order and public policy
(k) Execution of arbitral award
 Arbitral award - when will it become final and executory (Section 18.1 CIAC Rules)
After the lapse of 15 days reckoned from respective receipt by the parties of the arbitral
award
 Actual execution of the arbitral award (Section 18.5 CIAC Rules)
(After the arbitral award becomes final and executory) The arbitral tribunal (or any
remaining arbitrator/s) shall motu proprio or upon Motion of the wining-party, issue the
Writ of Execution requiring the sheriff/proper officer to execute the arbitral award. In
case there is no remaining arbitrator (e.g., all of them already died), then it is the CIAC
that will issue the Writ of Execution - despite disagreement by the CIAC (the Commission
itself) against the arbitral tribunal's arbitral award
 (*) Suspension/stay on the issuance of Writ of Execution (Section 18.2, 18.4 and 18.6
CIAC Rules)
The timely filing of the appeal by losing-party of a appeal via Petition for Review under
Rule 43 ROC with the Court of Appeals within 15 days reckoned from his receipt of the
arbitral award - does not stay/suspend the arbitral tribunal from issuing the Writ of
Execution - UNLESS:
(1) The losing-party posted a surety bond (equal to the amount of arbitral award) which
surety company must be included among the lists of Supreme Court-accredited; and
(2) Approved by the arbitral tribunal and CIAC
HOWEVER: Even if the losing-party did not post surety bond, the issuance by the arbitral
tribunal of the Writ of Execution can still be stayed/suspended when the Court of
Appeals where the appeal is filed issues TRO (unless the TRO already becomes moot and
academic as when the arbitral award already executed before the CA issued the TRO)
Note (*): As regards remedy against the decision of the arbitral tribunal rendered by the
arbitral tribunal under ADRA and under EO 1008 (CIAL), the remedy in the former is by
filing Petition with RTC, while in the latter is filing Petition with CA via Rule 43 ROC
 (*) Effect of appellate court reversing the arbitral award that has been executed by the
arbitral tribunal (Section 18.7 CIAC Rules)
When the appellate court (CA/SC) entirely/partially reversed the arbitral award (by
finality), upon Motion of the winning-petitioner, the arbitral tribunal/remaining
arbitrator(s)/CIAC (as the case may be) may issue an Order of Restitution/Reparation of
Damages against the losing-respondent in favor of the winning-petitioner as equity and
justice may warrant

Adr

Încărcat de

Informații document

Descriere originală:

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Adr

Încărcat de

Drepturi de autor:

Formate disponibile

MIDTERM TOPIC CHAPTER 4.

 ARBITRATION (Section 3 [d])

 MAIN DISTINCTION BETWEEN MEDIATION AND ARBITRATION

 ARBITRATION AGREEMENT (ITS NATURE)

 (*) SEPARABILITY/SEVERABILITY DOCTRINE, APPLIES TO ARBITRATION AGREEMENT

 TWO FACETS of "INTERNATIONAL" "COMMERCIAL" ARBITRATION

 WHAT COUNTRY where ICA can be CONDUCTED

 (*) INTERPRETATION on MODEL LAW in relation to ICA (Section 20 ADRA in relation to

 WRITTEN COMMUNICATIONS in ICA (e.g., serving of pleadings/other papers during ICA) -

 (*) CONFIDENTIALITY in ICA (Section 23 ADRA; Article 4.41 DOJ IRR)

 VENUE on ICA (Section 30 ADRA; Article 4.20 DOJ IRR)

 ICA - WHEN is it COMMENCED (Article 4.21 DOJ IRR)

 ARBITRATORS in ICA (Article 4.10 - 4.12 DOJ IRR)

 GROUNDS to CHALLENGE the ICA ARBITRATOR (Article 4.12 DOJ IRR)

 FAILURE/IMPOSSIBILITY of ICA ARBITRATOR to ACT AS SUCH (Article 4.14 DOJ IRR)

 JURISDICTION – its CONCEPT

 POWERS/JURISDICTIONS of ICA ARBITRAL TRIBUNAL (Article 4.16 DOJ IRR)

 SET A CORRECTION AND INTERPRETATION of ICA ARBITRAL AWARD; ADDITIONAL

 COSTS in ICA ARBITRATION PROCEEDINGS (Article 4.46 DOJ IRR)

 RTC VENUE for PETITION to RECOGNIZE and ENFORCE FAA

 CONTENTS of PETITION TO RECOGNIZE and ENFORCE FAA

 NOTICE to and OPPOSITION by RESPONDENT

 ACTION of the RTC on the PETITION TO RECOGNIZE AND ENFORCE FAA

 The Arbitration Law (R.A. 876; Domestic Arbitration Law)

 WHEN does an ARBITRATION deemed DOMESTIC ARBITRATION

 LAWS that GOVERN DOMESTIC ARBITRATION (Article 5.1 DOJ IRR)

 REFERRAL of the ACTION FILED with COURT - to ARBITRATION

 VENUE of DOMESTIC ARBITRATION (Article 5.19 DOJ IRR)

 LANGUAGE during DOMESTIC ARBITRATION proceedings(Article 5.21 DOJ IRR)

 (*) CONFIDENTIALITY of DOMESTIC ARBITRATION PROCEEDINGS (Article 5.42 DOJ IRR;

 LEGAL REPRESENTATION in DOMESTIC ARBITRATION (Article 5.41 DOJ IRR)

 DETERMINATION on what RULES to FOLLOW in the DOMESTIC ARBITRATION (Article 5.18

 COMMENCEMENT of DOMESTIC ARBITRATION PROCEEDINGS (Article 5.20 DOJ IRR)

 NUMBER of ARBITRATORS in DOMESTIC ARBITRATION (Article 5.9 DOJ IRR)

 APPOINTMENT of ARBITRATORS in DOMESTIC ARBITRATION (Article 5.10 DOJ IRR)

 GROUNDS in CHALLENGING the ARBITRATOR in regards to his APPOINTMENT in

 PROCEDURES in CHALLENGING the ARBITRATOR in DOMESTIC ARBITRATION (Article 5.12

 TERMINATION of the FUNCTION of the ARBITRATOR - PENDING the DOMESTIC

 PROCEDURE for the APPOINTMENT of SUBSTITUTE ARBITRATOR after the TERMINATION

 (*) DIFFERENT JURISDICTIONS/POWERS of the DOMESTIC ARBITRAL TRIBUNAL

 TERMINATION/CONCLUSION of the DOMESTIC ARBITRATION PROCEEDINGS (Article 5.32

 POWER OF DOMESTIC ARBITRAL TRIBUNAL to issue "ORDER" for INTERIM MEASURES -

 MULTI-PARTY in a SINGLE [one] DOMESTIC ARBITRATION (Article 5.44 DOJ IRR)

 CORRECTION and INTERPRETATION of DOMESTIC ARBITRAL AWARD, and ADDITIONAL

 CONFIRMATION of DOMESTIC ARBITRAL AWARD (Articles 5.36 DOJ IRR )

 CONSTRUCTION INDUSTRY ARBITRATION COMMISSION (CIAC)

 JURISDICTION of CIAC (Section 4 CIAL [Construction Industry Arbitration Law], in relation

 (*) FINDINGS Of FACTS by CIAC (National Transmission Corporation vs. Alphaomega

 REVISED RULES OF PROCEDURE before CIAC (effective June 4, 2017)

S-ar putea să vă placă și