Domestic Arbitration

 an arbitration that is not international as defined

by Art 3 of the Model Law
 shall be governed by RA 876 (The Arbitration Law)
It is international if any of the following instances occur:

 1. The parties’ place of business, at the time of the

conclusion of their arbitration agreement, are in different
states;
 2.The place of arbitration provided in the arbitration
agreement and the parties’ places of business is outside
the Philippines;
It is international if any of the following instances occur:

 3. The place where a substantial part of the obligation is to

be performed or the place with the subject matter of the
dispute is most closely connected is outside the
Philippines; or
 4. The parties have expressly agreed that the subject
matter of the arbitration agreement relates to more than
one country. It is domestic if it is not international in
character, that is, if the components (places of business,
of arbitration, of substantial performance, and where
subject matter is most closely connected) are all in the
Philippines
Model Law Applicable to Domestic
Arbitration
 Article 8, 10,11,12,13,14,18,and 19, and 29 to
32 of the Model Law and Section 22 to 31 of
the Chapter 4 of the Act.
Construction Dispute
 EO 1008 or otherwise known as the Constitution
Industry Arbitration Law.
 Construction Industry Arbitration
Commission (CIAC)
 Original and Exclusive Jurisdiction:
 Construction Disputes which shall include those between
or among parties to, or who are otherwise bound by, an
arbitration agreement, directly or by reference whether
such parties are project owner, constructor,
subcontractor, quantity surveyor, bondsman of insurance
policy in a construction project.

* Disputes is commercial pursuant to Sec 21 of this Act

Arbitrator as a Mediator/Mediator as an
Arbitrator
 By written agreement of the parties to a dispute.

*after successful mediation – issue the settlement

agreement as an arbitral award.
Appointment of Foreign Arbitrator
A. the dispute is a construction dispute in which one
party is an international party;
B. the person to be appointed agreed to abide by the
arbitration rules and policies of CIAC;
C. He/She is either co-arbitrator upon the nomination of
the international party; or he/she is the common choice
of the two CIAC-accredited arbitrators first appointed
one of whom was nominated by the international party;
D. The foreign arbitrator shall be of different nationality
from the international party. (Section 37)
RA 9285 APPLICABLE TO ARBITRATION
OF CONSTRUCTION DISPUTES
The provisions of Section 17(d) of Chapter 2, and
Section 28 and 29 of this Act shall apply to
arbitration of construction disputes covered by this
Chapter. (Section 38)
CONSTRUCTION DISPUTE
DISMISSAL BY COURT OF A CASE
 The RTC, which a construction dispute is filed shall,
upon becoming aware, not later than the pre-trial
conference that the parties had entered into an
arbitration agreement, dismiss the case and refer
the parties to arbitration to be conducted by the
CIAC, unled both parties, assisted by their respective
counsel, shall submit to the RTC a written
agreement exclusively with the Court, rather than
the CIAC, to resolve the dispute.
CONFIRMATION OF DOMESTIC ARBITRAL
AWARD
 Governed by Section 23 of RA 876.

Section 23. Confirmation of award. - At any time within one month

after the award is made, any party to the controversy which was
arbitrated may apply to the court having jurisdiction, as provided in
section twenty-eight, for an order confirming the award; and thereupon
the court must grant such order unless the award is vacated, modified
or corrected, as prescribed herein. Notice of such motion must be
served upon the adverse party or his attorney as prescribed by law for
the service of such notice upon an attorney in action in the same court.
ENFORCEMENT OF CONFIRMED DOMESTIC
ARBITRAL AWARD
 Shallbe enforced in the same manner as final and
executory decisions of the RTC.