Application of SECTION

the New York 42

Convention

recognition
SC Rules
RTC and
Procedure
enforcement
 recognition V enforcement
S

confirmation that an
act or process of compelling
act done for another
compliance with a law,
person was
mandate or command
authorized
• RECOGNITION AND ENFORCEMENT OF NON-NEW YORK
CONVENTION AWARDS
in accordance with
procedural rules to be
promulgated by the Supreme
court.

COMITY RECIPROCIT
Y
 comity V reciprocity
S

not a rule of law, but one of

practical convenience and
expediency
rule of courtesy by which one
court defers to the
concomitant jurisdiction of a relationship between
another persons, states or countries
whereby favors or privileges
granted by one are returned
by the other
 Foreign Arbitral Award Not Foreign
SECTIO
Judgment N 43

confirmed by a court recognized and enforced as a

of a foreign country foreign arbitral award

not a
judgment of
a foreign
court
Rejection of a Foreign Arbitral
SECTIO
Award N 45
A party to a foreign arbitration proceeding
may oppose an application for recognition and
enforcement of the arbitral award

GROUNDS
1. Invalidity of the Arbitration Agreement
2. Violation of Due Process
3. Excess by Arbitral Tribunal of Its Authority
4. Irregularity in the Composition of the Arbitral Tribunal
or Arbitral Procedure
5. Award Not Binding, Suspended or Set Aside
Appeal from Court Decisions on
Arbitral Awards SECTIO

N 46

In
C accordance
with SC

A Rules and
Procedure
LOSING shall be required by the
PARTY
appellant court to post
who
APPEAL counter bond executed in
S favor of the prevailing party
equal to the amount of the
award in accordance with
the rules to be promulgated
by the Supreme Court.
 SECTION

Venue and Jurisdiction 47

RTC
WHERE:
1.arbitration proceedings are conducted;
2. where the asset to be attached or levied
upon, or the act to be enjoined is located;
3. where any of the parties to the dispute
resides or has his place of business; or
4. in the National Judicial Capital Region, at
the option of the applicant
 jurisdiction V venue
S

venue is the place of

implies the power of
action
a court to decide a
case

conferred by law and procedural, not

not be mere policy of jurisdictional, hence
any court or tribunal. may be waived
 SECTIO

N 48
Notice of Proceeding to Parties

1. Address
2. if any party cannot be served
notice at such address, at such
party's last known address

NOTE:
fifteen (15) days before the date
set for the initial hearing of the
application