ADR REVIEWER

RA 876 SE C 23 SE C Confirmation of award. - At any time within one month after the award is made, any party to the controversy which was arbitrated may apply to the court having jurisdiction, as provided in section twenty-eight, for an order confirming the award; and thereupon the court must grant such order unless the award is vacated, modified or corrected, as prescribed herein. Notice of such motion must be served upon the adverse party or his attorney as prescribed by law for the service of such notice upon an attorney in action in the same court. EO 1008 SE C ! RA 99285 SE C Confirmation of Award. - "he confirmation of a domestic arbitral award shall be governed by #ection 23 of $.A. %&'. A domestic arbitral award when confirmed shall be enforced in the same manner as final and e(ecutory decisions of the $egional "rial )ourt. "he confirmation of a domestic award shall be made by the regional trial court in accordance with the $ules of *rocedure to be promulgated by the #upreme )ourt. A )+A) arbitral award need not be confirmed by the regional trial court to be e(ecutory as provided under ,.-. No. .!!%. 2 Grounds for vacating award. - +n any one of the following cases, the court must ma/e an order vacating the award upon the petition of any party to the controversy when such party proves affirmatively that in the arbitration proceedings0 1a2 "he award was procured by corruption, fraud, or other undue means; or 1b2 "hat there was evident partiality or corruption in the arbitrators or any of them; or 1c2 "hat the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; that one or more of the arbitrators was dis3ualified to act as such under section nine hereof, and wilfully refrained from disclosing such dis3ualifications or of any other misbehavior by which the rights of any party have been materially prejudiced; or 1d2 "hat the arbitrators e(ceeded their powers, or so imperfectly e(ecuted them, 5ynne dela cru6 A7$ $,8+,9,$ . Vacation Award. - A party to a domestic arbitration may 3uestion the arbitral award with the appropriate regional trial court in accordance with the rules of procedure to be promulgated by the #upreme )ourt only on those grounds enumerated in #ection 24 of $epublic Act No. %&'. Any other ground raised against a domestic arbitral award shall be disregarded by the regional trial court. *34 Application for setting aside as exclusive recourse against arbitral award: 122 An Arbitral award may be set aside by the court specified in article ' only if0 1a2 the party ma/ing furnishes proof that0 the application UNICITRAL

1i2 a party to the arbitration agreement referred to in article 1&2 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this #tate; or 1ii2 the party ma/ing the 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 1iii2 the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, *age 1 of 7

RA 876 SE C that a mutual, final and definite award upon the subject matter submitted to them was not made. 9here an award is vacated, the court, in its discretion, may direct a new hearing either before the same arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the submission or contract for the selection of the original arbitrator or arbitrators, and any provision limiting the time in which the arbitrators may ma/e a decision shall be deemed applicable to the new arbitration and to commence from the date of the court:s order. 9here the court vacates an award, costs, not e(ceeding fifty pesos and disbursements may be awarded to the prevailing party and the payment thereof may be enforced in li/e manner as the payment of costs upon the motion in an action. SE C

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provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only taht of the award which contains decisions on matters not submitted to arbitration may be set aside; or 1iv2 the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this 5aw from which the parties cannot derogate, or, failing such agreement, was not in accordance with this law; or 1b2 the court finds0 1i2 the subject matter of the dispute is not capable of settlement by arbitration under the law of this #tate; or 1ii2 the award is in conflict with the public policy of this #tate. Correction and interpretation of award; additional award 1.2 9ithin thirty days of receipt of the award, unless another period of time has been agreed upon by the parties; 1a2 A party, with notice to the other party, may re3uest the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of similar nature; 1b2 +f so agreed by the parties, a party, with notice to the other party, may re3uest the arbitral tribunal to give an interpretation of a specific point or part of the award. +f the arbitral tribunal considers the re3uest to be justified, it shall ma/e a correction or give the interpretation within 3! days of *age 2 of 7

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Grounds for modifying or correcting award. - +n any one of the following cases, the court must ma/e an order modifying or correcting the award, upon the application of any party to the controversy which was arbitrated0 1a2 9here there was an evident miscalculation of figures, or an evident mista/e in the description of any person, thing or property referred to in the award; or 1b2 9here the arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision upon the matter submitted; or 1c2 9here the award is imperfect in a matter of form not affecting the merits of the controversy, and if it had been a commissioner:s report, the defect could have been amended or disregarded by the

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Motion for correction of final award- Any of the parties may file a motion for correction of the ;inal award within .4 days from receipt thereof upon any of the following grounds0

a.

An evident miscalculations figures, a typographical arithmetical error;

of or

Rejection of a Foreign Arbitral Award. - A party to a foreign arbitration proceeding may oppose an application for recognition and enforcement of the arbitral award in accordance with the procedural rules to be promulgated by the #upreme )ourt only on those grounds enumerated under Article 8 of the New <or/ )onvention. Any other ground raised shall be disregarded by the regional trial court.

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b. An evident mista/e in the description of any party, person, date, amount, thing or property referred to in the award; c. 9here the arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision upon the matter submitted; d. 9here the award is imperfect in a matter of form not affecting the merits of the controversy. A7$ $,8+,9,$

5ynne dela cru6

RA 876 SE C court. "he order may modify and correct the award so as to effect the intent thereof and promote justice between the parties. SE C

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receipt of the re3uest. "he interpretation shall form part of the award. 122 "he arbitral tribunal may correct any error of the type referred to in paragraph 1.2 1a2 of this article on its own initiative within 3! days of the date of the award. 132 =nless otherwise agreed by the parties, a party, with notice to the other party, may re3uest, within thirty days of receipt of the award, the arbitral tribunal to ma/e an additional award as to claims presented in the arbitral proceedings but mitted from the award, if the arbitral tribunal considers the re3uest to be justified, it shall ma/e the additional award within si(ty days. 1 2 "he arbitral tribunal may e(tend, if necessary, the period of time within which it shall ma/e a correction, interpretation or an additional award under paragraph 1.2 or 132 of this article. 142 "he provisions of article 3. shall apply to a correction or interpretation of the award or to an additional award. Recognition and enforcement 1.2 An arbitral award, irrespective of the country in which it was made, shall be re3cogni6ed as binding, and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and article 3'. 122 "he party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in article & or a duly certified copy thereof. +f the award or agreement is not made in an official language of this #tate, the party shall supply a duly certified translation thereof into such language. *age 3 of 7

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Execution/enforcement of awards as soon as a decision, order or final award has become e(ecutory, the Arbitral "ribunal shall, with the concurrence of )+A), motu proprio or on motion of the prevailing party issue a writ of e(ecution re3uiring any sheriff or proper officer to e(ecute said decision, order or final award.

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18.5.1 ? the writ of e(ecution shall direct the sheriff or other officer to conduct the sale of property on e(ecution in accordance with #ection .4 of $ule 3@ of the $ules of )ourt. +n the case of sale of real property or personal property not capable of manual delivery, the auction sale shall be held at the office the sheriff serving the writ. =pon the proper application by the sheriff, with notice to A7$ $,8+,9,$

Recognition and !nforcement of Foreign Arbitral Awards "ot Covered b# t$e "ew %or& Convention. - "he recognition and enforcement of foreign arbitral awards not covered by the New <or/ )onvention shall be done in accordance with procedural rules to be promulgated by the #upreme )ourt. "he )ourt may, grounds of comity and reciprocity, recogni6e and enforce a nonconvention award as a convention award.

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RA 876 SE C SE C

EO 1008 SE C the parties, )+A) may authori6e the sale to be held in the place where the property is located.

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Arounds for refusing recognition or enforcement ? 1.2 $ecognition or enforcement of an arbitral award, irrespective of the country in which it was made may be refused only; a2 At the re3uest of the party against whom it is invo/ed, if that party furnishes to the competent court where recognition or enforcement is sought proof that0 1i2 A party to the arbitration agreement referred to in article & was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or 1ii2 "he party against whom the award is invo/ed 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 1iii2"he award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recogni6ed and enforced; or 1iv2"he composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or,

5ynne dela cru6

A7$ $,8+,9,$

*age 4 of 7

RA 876 SE C SE C

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UNICITRAL failing such agreement, was not in accordance with the law of the country where the arbitration too/ place; or b2 +f the court finds that0 1i2 "he subject matter of the dispute is not capable of settlement by arbitration under the law of this #tate; or 1ii2 "he recognition or enforcement of the award would be contrary to the public policy of this #tate. 122 +f an application for setting aside or suspension of an award has been made to a court referred to in paragraph 1.2 1a2 1v2 of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

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Interim Measures in the course of the proceedings, the Arbitral "ribunal may, upon the re3uest of either or both parties or upon its own initiative, issue orders as is necessary to attain the following objectives0

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Grant of 'nterim (easure of )rotection. 1a2 +t is not incompatible with an arbitration agreement for a party to re3uest, before constitution of the tribunal, from a )ourt an interim measure of protection and for the )ourt to grant such measure. After constitution of the arbitral tribunal and during arbitral proceedings, a re3uest for an interim measure of protection or modification thereof, may be made with the arbitral tribunal or to the e(tent that the arbitral tribunal has no power to act or is unable to act effectively, the re3uest may be made with the )ourt. "he arbitral tribunal is deemed constituted when the sole arbitrator or the third arbitrator who has been nominated, has accepted the nomination and written communication of said nomination and acceptance has been received by the party ma/ing re3uest. 1b2 "he following rules on interim or *age 5 of 7

a2 b2 c2 d2 e2
f2

"o ensure the enforcement of the awar ; "o prevent irreparable loss or injury or deterioration of !r"!#r$%; "o minimi6e or avoid undue delays in !r"&#'$ or '"($ra'$ implementation; "o provide security for the performance of any ")*+,a$+"(; "o produce or preserve any #-+ #('#; #uch other measures deemed by the Arbitral "ribunal to be necessary to prevent a A7$ $,8+,9,$

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EO 1008 SE C miscarriage of justice or abuse of rights of any of the parties.

RA 99285 SE C provisional relief shall be observed0 1.2 Any party may re3uest that provisional relief be granted against the adverse party0 122 #uch relief may be granted0 1i2 to prevent irreparable loss or injury0 1ii2 to provide security for performance of any obligation; 1iii2 to produce evidence; or or preserve the any

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1iv2 to compel any other appropriate act or omission. 132 "he order granting provisional relief may be conditioned upon the provision of security or any act or omission specified in the order. 1 2 +nterim or provisional relief is re3uested by written application transmitted by reasonable means to the )ourt 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 re3uested, the grounds for the relief, and evidence supporting the re3uest. 142 "he order shall be binding upon the parties. 1'2 ,ither party may apply with the )ourt for assistance in +mplementing or enforcing an interim measure ordered by an arbitral tribunal. 1&2 A party who does not comply with the order shall be liable for all damages 5ynne dela cru6 A7$ $,8+,9,$ *age 6 of 7

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RA 99285 SE C resulting from noncompliance, including all e(penses, and reasonable attorney:s fees, paid in obtaining the order:s judicial enforcement.

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A7$ $,8+,9,$

*age 7 of 7