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Alternative Dispute Resolution
Sections 18-31 of RA 9285
Or 2.12-4.09 from the book
Referral of Dispute to other ADR Forms
The evaluation of a third person or

Section 18

A mini-trial

Mediation-arbitration, or a
combination thereof.
International Commercial Arbitration
• International
• It is used as an
commercial
alternative to litigation
arbitration is a
and is controlled
means of resolving
primarily by the terms
previously agreed disputes arising
upon by the under
contracting parties, international
rather than by national commercial
legislation or procedural contracts. 
rules.
 Section 19

A
Doption of Model Law
On International Commercial Arbitration

International
commercial arbitration
shall be governed by
the Model Law on
International
Commercial Arbitration
• It constitutes a sound basis for the desired
harmonization and improvement of the national Model
laws.
• It covers all stages of the arbitral process from the
arbitration agreement to the recognition and
Law
enforcement of the arbitral awards and reflects a
Was adopted
worldwide consensus on the principles and by the United
important issues of international arbitration Nations
• practice.
Commission
It sets a standard and serves as guide.
on
• In the Philippines, the Republic Act 9285 International
incorporated the UNCITRAL Model Law, as Trade Law
evidenced by Sections 19 and 20 of Chapter 4 of
(UNCITRAL)
the latter law.
on June 21,
1985
 Section 20

Interpretation
The literary meaning
of Model Law
preparatory
• isRegard shall be had to its international origin and
works
to the. need
It constitutes
for uniformity in its interpretation and
the materials
resort may be used
madein to the travaux
Travaux preparatories
preparatoires
preparing the of the Secretary General of the
and the report
ultimate form of Commission
United Nations an on Interntional Trade
agreement
Law. or
statute, especially of
an international
treaty. 
 Commercial Arbitration Sec 21

If it covers matters arising from all relationships of a commercial

nature whether contractual or not.
• Any trade transaction for • Distribution • Construction • Commercial
the supply or exchange of of Agreement of works representation or
goods or services; agency

• Factoring; • Engineering • Financing • Joint Venture and other forms

• Leasing • Licensing • Banking of industrial or business
• Consulting • Investment • Insurance cooperation; carriage of
goods or passengers by air,
sea, rail or road
Which arbitration organizations are commonly
used to resolve large commercial disputes?
• The Construction Industry Arbitration Commission (CIAC)
and the Philippine Dispute Resolution Center Inc (PDRCI).
• Arbitration proceedings in the CIAC have been considered
by the Philippine Supreme Court as part of traditional
judicial proceedings. Therefore, the decisions of CIAC may
be appealed to the Court of Appeals and subsequently, to the
Supreme Court, but only on questions of law
Which arbitration organizations are commonly
used to resolve large commercial disputes?

• PDRCI is the arbitral organization that most

commonly administers arbitration proceedings,
involving all kinds of subject matter (with the
exception of construction contracts).
 Section 22

Any person of his choice.

Who may -Such representative, unless admitted
represent a to the practice of law in the Philippines
party in an shall not be authorized to appear as
International counsel in any Philippine Court, or any
Arbitration? other quasi-judicial body whether or not
such appearance is in relation to the
arbitration in which he appears.
Nature of Arbitration Proceedings
Section 23

Confidential and not be published

Includes the records, evidence and the arbitral award

Except : (1) with the consent of the parties
(2) For the limited purpose of disclosing to the
court of relevant documents in cases where resort
to the court is allowed herein.
What is the scope of confidentiality?
• Communications (oral or written) made in a
dispute resolution proceedings, including
memoranda, notes or work products of the
neutral party or non-party participant.
• Pleadings, motions manifestations, witness
statements, reports filed or submitted in
arbitration.
Who is the subject to the obligation?

The restriction on confidentiality applies to

all the participants in the arbitration
proceedings, including parties, arbitrators and
non-party participants such as witnesses,
resource persons or experts and institutions.
 Referral to Arbitration
Section 24

A court before which an action is brought in a

matter which is the subject matter of an
arbitration agreement shall, if at least one party so
requests not later than the pre-trial conference, or
upon the request of both parties thereafter, refer
the parties to arbitration unless it finds that the
arbitration agreement is null and void,
inoperative or incapable of being performed.
 Interpretation of
Section 25

the Act
The court shall have due regard to the
1 policy of the law in favor of
arbitration.
Arbitration agreements cannot be
defeated by impleading or joining
2 either as plaintiff or defendant a person
who was not a party to the arbitration
agreement.
 Section 26 Appointing Authority
Shall mean the person or institution named
in the arbitration agreement as the
appointing authority; or the regular
arbitration institution under whose rules the
arbitration is agreed to be conducted.
 Functions Performed by Appointing
Authority
Section 27

The functions referred to in Articles 11(3), 11(4),

13(3) and 14(1) of the Model Law shall be
performed by the Appointing Authority, unless the
latter shall fail or refuse to act within thirty (30)
days from receipt of the request in which case the
applicant may renew the application with the
Court.
https://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/07-86998_Ebook.pdf
 Functions Performed by Appointing
Authority
Section 27

Article 11 (3): Failing such agreement,

(a) in an arbitration with three arbitrators, each party shall appoint
one arbitrator, and the two arbitrators thus appointed shall appoint
the third arbitrator; if a party fails to appoint the arbitrator within
thirty days of receipt of a request to do so from the other party, or
if the two arbitrators fail to agree on the third arbitrator within
thirty days of their appointment, the appointment shall be made,
upon request of a party, by the court or other authority specifi ed in
article 6;(b) in an arbitration with a sole arbitrator, if the parties are
unable to agree on the arbitrator, he shall be appointed, upon
request of a party, by the court or other authority specifi ed in
article 6.
 Functions Performed by Appointing
Authority
Section 27

Article 11 (4): Where, under an appointment procedure agreed

upon by the parties,
(a) a party fails to act as required under such procedure, or
(b) the parties, or two arbitrators, are unable to reach an agreement
expected of them under such procedure, or
(c) a third party, including an institution, fails to perform any
function entrusted to it under such procedure,
any party may request the court or other authority specified in
article 6 to take the necessary measure, unless the agreement on the
appointment procedure provides other means for securing the
appointment.
 Functions Performed by Appointing
Authority
Section 27

Article 13 (3): If a challenge under any procedure agreed upon

by the parties or under the procedure of paragraph (2) of this
article is not successful, the challenging party may request,
within thirty days after having received notice of the decision
rejecting the challenge, the court or other authority specified in
article 6 to decide on the challenge, which decision shall be
subject to no appeal; while such a request is pending, the
arbitral tribunal, including the challenged arbitrator, may
continue the arbitral proceedings and make an award.
 Functions Performed by Appointing
Authority
Section 27

Article 14 (1) : If an arbitrator becomes de jure or de facto

unable to perform his functions or for other reasons fails
to act without undue delay, his mandate terminates if he
withdraws from his office or if the parties agree on the
termination. Otherwise, if a controversy remains
concerning any of these grounds, any party may request
the court or other authority specified in article 6 to decide
on the termination of the mandate, which decision shall be
subject to no appeal.
 Grant of Interim Measure of Protection

“It is not incompatible with the an

Section 28
arbitration agreement for a party to request,
before constitution of the tribunal, from
a Court an interim measure of protection
and for the Court to Grant such measure””
 Grant of Interim Measure of Protection
If an interim measure of protection
issued by the arbitral tribunal shall,
Section 28
upon its issuance, be deemed to have ipso
jure(by the law itself) modified, amended,
revised or revoked an interim measure of
protection previously issued by the court
in case of inconsistencies between the
two,  such inconsistency is within the
authority of the arbitral tribunal to decide.
 Grant of Interim Measure of Protection
The following rules on interim or provisional
relief shall be observed:
Section 28
(1) Any party may request that provision
relief be granted against the adverse party:
(2) Such relief may be granted:
(i) to prevent irreparable loss or injury;
(ii) to provide security for the
performance of any obligation;
 Grant of Interim Measure of Protection
(iii) to produce or preserve any
Section 28 evidence; or
(iv) to compel any other appropriate act
or omission.

(3) The order granting provisional relief may

be conditioned upon the provision of security
or any act or omission specified in the order.
 Grant of Interim Measure of Protection
(4) Interim or provisional relief is
Section 28 requested by written application transmitted
by reasonable means to the Court or arbitral
tribunal as the case may be and the party
against whom the relief is sought, describing
in appropriate detail the precise relief, the
party against whom the relief is requested,
the grounds for the relief, and evidence
supporting the request.
 Grant of Interim Measure of Protection
(5) The order shall be binding upon the
Section 28 parties.
(6) Either party may apply with the
Court for assistance in Implementing or
enforcing an interim measure ordered by
an arbitral tribunal.
 Grant of Interim Measure of Protection
(7) A party who does not comply with
Section 28 the order shall be liable for all damages
resulting from noncompliance, including
all expenses, and reasonable attorney's
fees, paid in obtaining the order's judicial
enforcement.
 When may a request for interim
measure be made?
Section 28

After a constitution of the arbitral tribunal

and during arbitral proceedings, a request for an
interim measure of protection or modification
thereof, may be made with the arbitral
tribunal or to the extent that the arbitral tribunal
has no power to act or is unable to act effectively,
the request may be made with the Court.
 When is the Arbitral Tribunal deemed
Section 28
constituted?
When the sole arbitrator or the
third arbitrator who has been ADR
nominated, has accepted the
nomination and written
communication of said nomination
and acceptance has been received
by the party making request.
 Further Authority for Arbitrator to Grant
Interim Measure of Protection
S Unless otherwise agreed by the parties, the
E
C
arbitral tribunal may, at the request of a party,
T
I
order any party to take such interim measures of
O protection as the arbitral tribunal may consider
N
necessary in respect of the subject matter of the
2
9 dispute following the rules in Section 28,
paragraph 2.
 What interim remedies are available
from the tribunal?
S
E The interim measures include but are not limited
C
T to:
I
O • Preliminary injunctions directed against a
N
party.
2
9 • Appointment of receivers.
• Detention, preservation or inspection of
property that is the subject of the dispute in
arbitration.
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Venue of Arbitration Proceedings

S
E
AWESOME
The parties are free to agree on the place of
C
T arbitration. Failing such agreement, the place of
PRESENTATION
I
O arbitration shall be in Metro Manila, unless the
EASY TO CHANGE COLORS, PHOTOS.

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30 arbitral tribunal, having regard to We
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circumstances of the case, including the
convenience of the parties shall decide on a
different place of arbitration.
RESTAURANT
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Venue of Meeting
S
E
AWESOME
The arbitral tribunal may, unless otherwise
C
T agreed by the parties, meet at any place it
PRESENTATION
I
O considers appropriate for consultation among
EASY TO CHANGE COLORS, PHOTOS.

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30 its members, for hearing witnesses, experts, or
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the parties, or for inspection of goods, other
property or documents.

RESTAURANT
  Language of The parties are free to agree on the
language or languages to be used in
the Arbitration the arbitral proceedings. Failing such
agreement, the language to be used
shall be English in international
arbitration, and English or Filipino
for domestic arbitration, unless the
arbitral tribunal shall determine a
different or another language or
Section 31
languages to be used in the
proceedings.
  Language of
the Arbitration This agreement or determination,
unless otherwise specified therein,
shall apply to any written statement
by a party, any hearing and any
award, decision or other
communication by the arbitral
tribunal.
Section 31
  Language of
the Arbitration The arbitral tribunal may order that
any documentary evidence shall be
accompanied by a translation into
the language or languages agreed
upon by the parties or determined in
accordance with paragraph 1 of this
section.
Section 31
 ADR

Thank you!