Professional Documents
Culture Documents
accordance with the agreement of the parties or rules promulgated pursuant to the ADR Act, resolve a
dispute by rendering an award; merit/evidence based
Kinds:
-compulsory
>settlement by a government agency
>investigate
>make award binding to all parties
>compelled to accept resolution of dispute
-voluntary (covered by ADR Act and IRR)
>impartial body
>chosen by parties themselves
>abide by arbitral award issued after proceedings where both parties had the opportunity to
be heard
Presence of Foreign Element
-domestic
>all located in the Philippines
>irrespective of foreign elements
>not international in character
-foreign
>conducted outside the Philippines
-commercial
>whether or not contractual
-international
>places of business in different states at the conclusion of the arbitration agreement
>place of arbitration and place of business is outside the Philippines
>place where substantial part of obligation is to be performed or place where subject
matter is most closely connected and place of business is outside the Philippines
>expressly agreed that subject matter of agreement relates to more than one country
Objective
-speedy and inexpensive method of settling disputes
-avoid formalities, delay, expense, and aggravation which commonly accompany litigation
Arbitrator - person appointed to render an award; uses discretion
Arbiter - bound by rules of law and equity
Arbitration agreement - agreement by parties to submit to arbitration in all or certain disputes which
have arisen or which may arise between them in respect of a defined legal relationship agreement,
whether contractual or not
-elements
>consent give
>cause
>lawful object
-two modes
>agreement to submit to arbitration (agreement to submit future disputes usually stipulated
in a civil contract; arbitration clause or compromissoire; liberally construed)
>submission agreement (agreement to submit existing matter of difference)
-requirements
>in writing
>subscribed by parties or representatives
Doctrine of Separability
-independent of main contract
-remains valid and enforceable
Due process
-quasi-judicial capacity
-agencies or instrumentalities
-administrative due process
Judicial Review and Court Intervention
-judicially reviewable; remedies
>petition to vacate award
>petition for review under Rule 43
>petition for review under Rule 65
-decides to defer preliminary ruling, none of the parties can seek judicial relief from deferment;
await rendition and raise issue of jurisdiction
-complement with the courts
-apply with the courts
>protective measures and enforcement
>assistance in taking evidence
>arbitration assistance and supervision
>determination of jurisdiction of arbitral tribunal
>recognition, enforcement, and implementation of award
>setting aside arbitral award
>appointment of and challenge to arbitrators
>intervention in case of failure or impossibility
-award is immediately executory and not subject to appeal, but may be subject to judicial review
Interim measures
-provisional reliefs
-ancillary remedies intended for protection of subject matter of the dispute
>preliminary injunction
>appointment of receivers
>detention of property
>preservation of property
>inspection of property
-by arbitral tribunal; if not yet constituted, no power, or unable to act effectively, may be filed in
the court
-cannot exist without principal cause of action; but cannot refuse to grant, implement, or enforce
a petition on the sole ground that it is merely an ancillary remedy