SPECIAL RULES OF

COURT ON
ALTERNATIVE DISPUTE
RESOLUTION
 1. Preliminary injunction
2. Preliminary attachment
against property or
garnishment of funds in
custody of a bank or 3rd

Types of person
3. Appointment of receiver
4. Detention, preservation,
interim delivery or inspection of
property
5. Assistance in enforcement
measures of an interim measure of
protection granted by
Rule 5.6 arbitral tribunal which
letter cannot enforce
effectively
 Verified petition must
state:
Contents of -fact that there is
arbitration agreement
petition for -fact that arbitral
tribunal has not been
constituted or if
interim constituted, unable to
act
-detailed description of
measures of appropriate relief
sought
protection -grounds relied on for
allowance of petition
Rule 5.5
When to petition for interim
measures Rule 5.2
• Before commencement
• After commencement of arbitration
but prior to constitution of arbitral

1 tribunal
• After arbitral tribunal’s constitution
but it has no power to act or is
unable to act effectively

• Where a party desires to secure interim

2 measures of protection
How to apply for interim measure
of protection with Court?
• Application is initiated by filing a petition in RTC
1. Petition • Prior notice must be served upon adverse party

2. Comment/ • Comment/ Opposition must be filed

Opposition within 15 days from service of petition

• Court shall resolve the petition

within 30 days from submission of
3. Court opposition or upon lapse of
Action period to file the same or from
termination of hearing.
 An order of Court may be the
subject of a:
-motion for reconsideration
-appeal
-petition for certiorari
-temporary order of protection

Relief against
Court action However, if the protective measure
was issued in a proceeding whereat
the adverse party was given an
opportunity to be heard, order of
Rule 5.10 court granting petition shall be
immediately executory
 Conflict or inconsistency between
interim measure of protection issued
by Court and by Arbitral Tribunal
Rule 5.14
It shall be immediately
referred by the Court to the
arbitral tribunal which shall
have authority to decide
such question
 It is an award of an
What is a arbitration that is
made in a country
other than
foreign Philippines. It
includes an
international
arbitral commercial arbitral
award rendered
outside Philippines.
award (Rule 1.11)
• Rule 13 is applicable only to convention and
as-in convention awards and is not applicable
to foreign arbitral awards rendered in a non-
convention country which does not extend
comity or reciprocity to the Philippines.

• Non-convention awards may nevertheless be

recognized and enforced under Section 48,
Rule 39 of 1997 Rules of Civil Procedure which
provides that in the case of judgment upon
specific thing, judgment is conclusive upon title
to thing and in case of judgment against a
person, judgment is presumptive evidence of
right as between parties and their successors in
interest by subsequent title.
• Philippine courts do not have the
authority to set aside, correct or modify
foreign arbitral awards they having been
rendered under the authority and
jurisdiction of another state as based in
the international law principle of equality
among other states. Thus no state can
exercise power to review, revise, amend,
modify, supplant, set aside, alter or
cancel decision of a foreign court. All
that PH courts may do is recognize them
or refuse to recognize them.
 Any time after
receipt of a foreign
arbitral award, any
When to party to arbitration
may petition to RTC
petition? to recognize and
enforce such
Rule 13.2 award.
 May PH courts refuse recognition and
enforcement to foreign arbitral awards?
Yes, based on the ff. grounds:
- A party to the arbitration agreement was under some
incapacity; or the said agreement is not valid under the law to
which the parties have subjected it or,

- party making application was not given proper notice of the

appointment of an arbitrator or of the arbitral proceedings or
was otherwise unable to present his case; or

- award deals with dispute not falling within terms of submission

to arbitration, or contains decisions on matters beyond scope
of submission to arbitration; provided, if decisions on matters
submitted to arbitration can be separated from those not so
submitted, only that part of award which contains decisions on
matters not submitted to arbitration may be set aside; or
- award deals with dispute not falling within terms of
submission to arbitration, or contains decisions on
matters beyond scope of the submission to
arbitration; provided that, if decisions on matters
submitted to arbitration can be separated from those
not so submitted, only that part of the award which
contains decisions on matters not submitted to
arbitration may be set aside; or

- award has not yet become binding on parties or has

been set aside or suspended by a court of the
country in which award was made; or

- The Court finds that subject-matter of the dispute is

not capable of settlement or resolution by arbitration
under Philippine law; or

- The Court finds that recognition or enforcement of

award would be contrary to public policy
 What are the contents of petition
Rule 13.5
The petition shall state the following:
a. The addresses of the parties to arbitration;
b. In the absence of any indication in the award, the
country where the arbitral award was made and
whether such country is a signatory to the New
York Convention; and
c. The relief sought.

Apart from other submissions, the petition shall have

attached to it the following:
a. An authentic copy of the arbitration agreement;
and
b. An authentic copy of the arbitral award.
How to apply for petition for recognition
or enforcement of foreign arbitral award
• Filed at any time after receipt of foreign
Petition arbitral award to RTC

• If petition is sufficient in form and substance , court

Notice and shall cause notice and copy of petition to be
opposition delivered to respondent who may file opposition
within 30 days

• Court conduct hearing through

submission of briefs or submission
Hearing of affidavits of witnesses

Either recognize and enforce or

Decision refuse to recognize or enforce