56 ALTERNATIVE DISPUTE RESOLUTION

arbitration agreement but who agree to such inclusion provided those

originally bound by it do not object to their inclusion.'
The policy of party autonomy was recognized in delimiting court
intervention in arbitration. No court shall intervene in arbitration
proceedings except in the instances provided for under the ADR Act.'
This rule. while acknowledging the freedom of the parties to deter-
mine the procedure for the settlement of their dispute, also recognizes
that there are aspects of arbitration that require the participation of
the courts. For instance, the parties may apply with the courts for
protective measures and the enforcement thereof;" assistance i n
taking evidence;' arbitration assistance and supervision; determination
of jurisdiction of the arbitral tribunal;" recognition, enforcement and
implementation of an arbitral award;' setting aside of an arbitral
award;" appointment of and challenge to arbitrators;" and court
intervention in case of failure or impossibility of the arbitral tribunal
to act.
The declaration under the law that a decision of the appointing au-
thority, or arbitrator or arbitral tribunal for that matter, is "immedi-
ately, executory, and not subject to appeal or motion for reconsidera-
tion" does not foreclose the possibility of judicial review. The remedy
of the aggrieved party under the situation is to avail of a petition for
certiorari under Rule 65 (as amended) of the 1997 Rules of Civil Pro-
cedure premised on grave abuse of discretion amounting to lack or
excess of jurisdiction there being no appeal or any plain, speedy and

Rule 4.7, Special ADR Rules.

' Articles 4.5 and 5.4, IRR.
Sections 28 and 29, ADR Act.
Article 4.27, IRR. Article 4.6, IRR. '
Article 4.34, IRR. " Article 4.35, IRR.
Article 4.34, IRR. " Articles 5.10(c) and
(d), and 5.11(a), IRR.
' Article 5.13, IRR.

Scanned by CamScanner