The Alternative Dispute Resolution and The Arbitration Law-Merged

PARTI
CHAPTER ONE
ALTERNATIVE DISPUTE RESOLUTION
ACT OF 2004
REPUBLIC ACT NO. 9285

1.00 WHAT IS THE POLICY OF THE STATE REGARDING ALTER-
NATIVE DISPUTE RESOLUTION (ADR)?
It is the declared policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the party to
make their own arrangements to resolve their disputes. Towards this
end, the State shall encourage and actively promote the use of Alter
native Dispute Resolution (ADR) as an important means to achieve
speedy and impartial justice and declog court dockets. As such, the
State shall provide means for the use of ADR as an etficient tool and
an alternative procedure for the resolution of appropriate cases.
Likewise, the State shall enlist active private sector participation in
the settlement of disputes through ADR.
1.01 DOES R.A. NO. 9285 LIMIT THE POWER OF THE SUPREME
COURT TO ADOPT ANY ADR SYSTEM?
No, this Act shall be without prejudice to the adoption by the
Supreme Court of any ADR system, such as mediation, conciliation,
arbitration, or any combination thereof as a means of achieving speedy
and efficient means of resolving cases pending before all courts in the
Philippines which shall be governed by such rules as the Supreme
Court may approve from time to time. (Section 2)
1.02 EXPLAIN THE MEANING OF THE FOLLOWING TERMS:
A) Alternative Dispute Resolution (ADR) System

A)
It means any process or procedure used to resolve a dispute
or controversy, other than by adjudication of a presiding iudge of a
THE ALTERNATIVE DISPUTE RESOLUTION
AND THE ARBITRATION LAW
court or an officer of a government agency, as defined in this Ant

which a neutral third party participates to assist in the resolutio
issues, which includes arbitratlon, mediation, conciliation, early ne
tral evaluation, mini-trial, or any combination thereof. (Section )
3)
B) ADR Provider
"ADR Provider" means institutions or persons accredited as
mediator, conciliator, arbitrator, neutral evaluator, or any ners
exercising similar functions n any Alternative Dispute Resolutio
system. This is without prejudice to the rights of the parties to choose
non-accredited individuals to act as mediator, conciliator, arbitrato
or neutral evaluator of their dispute. (Section 3)
Whenever referred to in this Act, the term "ADR practitioners"
shall refer to individuals acting as mediator, conciliator, arbitrator or
neutral evaluator. (Section 3)
C)Court-Annexed Mediation
"Court-Annexed Mediation" means any mediation process con-
ducted under the auspices of the court, after such court has acquired
jurisdiction of the dispute. (Section 3)
D) Court-Referred Mediation
"Court-Referred Mediation" means mediation ordered by a
court to be conducted in accordance with the agreement of the par-
ties when as action is prematurely commenced in violation of such
agreement. (Section 3)
E) Early Neutral Evaluation
"Early Neutral Evaluation" means an ADR process wherein
parties and their lawyers are brought together early in a pre-trial
phase to present summaries of their cases and receive a nonbinding
assessment by an experienced, neutral person, with expertise in the
subject in the substance of the dispute. (Section 3)
F) Convention Award
"Convention Award'" means a foreign arbitral award made ina
Convention State. (Section 3)
G)Convention State
Convention State" means a State that is a member of the New
York Convention. (Section 3)
PARTI 3
Chapter One- Alternative Dispute Resolution Act of 2004
H) The "Court" referred to in Article 6 of the Model Law

Court as referred to in Article 6 of the Model Law shall mean a
Regional Trial Court. (Section 3)
D Mediation
"Mediation" means a voluntary process in which a mediator,
selected by the disputing parties, facilitates communication and
ne
gotiation, and assist the parties in reaching a voluntary agreement
regarding a dispute. (Section 3)
J) Mediation-Arbitration
Mediation-Arbitration" or Med-Arb is a step dispute resolution
process involving both mediation and arbitration. (Section 3)
K Mini-Trial
"Mini-Trial" means a structured dispute resolution method
in which the merits of a case are argued before a panel comprising
senior decision makers with or without the presence of a neutral
third person after which the parties seek a negotiated settlement.
(Section 3)
L) Model Law
Model Law" means the Model Law on International Commer
cial Arbitration adopted by the United Nations Commission on Inter-
national Trade Law on 21 June 1985. (Section 3)
M) New York Convention

"New York Convention" means the United Nations Convention
on the Recognition and Enforcement of Foreign Arbitral Awards
approvedin 1958 and ratified by the Philippine Senate under Senate

Resolution No. 71. (Section 3)
N) The proceeding under R.A. No. 9285
Proceeding" means a judicial, administrative, or other adju-

conferences
dicative process, including related pre-hearing motions,
and discovery. (Section 3)
ELECTRONIC SIGNATURES IN
1.03 ARE THE PROVISIONS OF
ACT APPLICABLE?
GLOBAL AND E-COMMERCE
Electronic Signatures in Global and
Yes, the provisions of the shall
E-Commerce Act, and its Implementing Rules and Regulations
in this Act. (Section 4)
apply to proceeding contemplated
1.04 WHAT IS THE LIABILITY OF ADR PRovIDER AND PRACT

TIONER?
The ADR providers and practitioners shall have the same civil
liability for the Acts done in the performance of their duties as that
of public officers as provided in Section 38 (1), Chapter 9, Book of the
Administrative Code of 1987. (Section 5)
1.05 WHAT ARE THE EXCEPTIONS TO THE APPLICATION OF THIS

ACT?
The provisions of this Act shall not apply to resolution or settle-

ment of the following:
(a) labor disputes covered by P.D. No. 442, otherwise

known as the Labor Code of the Philippines, as amended and
its Implementing Rules and Regulations;
(b) the civil status of persons;
(c) the validity of a marriage

(d) any ground for legal separation;
(e)the jurisdiction of courts;
future legitime;
criminal liability; and
h) those which bylaw cannot be
compromised. (Section 6)
1.06 GIVE THE CONSIDERATIONS IN APPLYING THE
PROVISIONS
ON MEDIATION.
In applying and construing the provisions of this Chapter, con-
sideration must be given to:
(1) the need to promote candor of parties and mediators
through confidentiality of the mediation process;
2)
(2) the policy of fostering prompt, economical, and ami
cable resolution of disputes in accordance with the
principles of
integrity of determination by the parties; and
(3)
the policy that the decision-making authority in the
mediation process rests with the
parties. (Section 8)
PARTI
Chapter One Alternative Dispute Resolution Act of 2004
1.07 WHAT ARE THE GUIDELINES REGARDING INFORMATION
OBTAINED THROUGH MEDIATION?
Information obtained through mediation proceedings shall be
subject to the following principles and guidelines:
(a) Information obtained through mediation shall be
privileged and confidential.
(b) A party, a mediator, or a
nonparty participant may
refuse to disclose and may prevent any other person from dis-
closing a mediation communication.
(c) Confidential Information shall not be subject to dis

covery and shall be inadmissible in any adversarial proceeding,
whether judicial or quasi-judicial. However, evidence or
mation that is otherwise admissible or subject to discovery does
infor
not become inadmissible or protected from
discovery solely by
reason of its use in a mediation.
(d) In such an adversarial proceeding, the following per-
sons involved or previously involved in a mediation may not be
compelled to disclose confidential information obtained during
mediation: (1) the parties to the dispute; (2) the mediator or me-
diators; (3) the counsel for the parties; (4) the nonparty partici
pants; (5) any persons hired or engaged in connection with the
mediation as secretary, stenographer, clerk or assistant; and (6)
any other person who obtains or possessees confidential informa-
tion by reason of his/her profession.
(e) The protections of this Act shall continue to apply

even if a mediator is found to have failed to act impartially.
A mediator may not be called to testify to provide in-
formation gathered in mediation. A mediator who is wrongfully
subpoenaed shall be reimbursed the full cost of his attorney's
fees and related expenses. (Section 9)
1.08 AS A RULE, THE CONFIDENTIALITY OF INFORMATION IS
PRIVILEGE. MAY THE SAME BE WAIVED?
privilege arising from the confidentiality of

information
Yes, a
circumstances:
may be waived under the following
A confidentiality of infor-
privilege arising from the
a)
or orally during a proceed-
mation may be waived in a record,
the mediator and the mediation parties.
ing by
ALTERNATIVEDISPUTE RESOLUTION
THE
6 AND THE ARBITRATION LAw
b) A privilege arising from the confidentiality ofinfo

b)
mation may likew1se be waived by a non-party particiDant
nfor.
the information is provided by such non-party participant if
c) person who discloses confidential information

shall be precluded trom asserting the privilege under Section o
of this Act to bar disclosure of the rest of the information
necessary to a complete understanding of the previouslv dis
closed information. If a person suffers loss or damages as a
result of the disclosure of the confidential information, he shall
be entitled to damages in a Juaiclal prOceeding against the
person who made the

disclosure.
d) A person who discloses or makes a representation

about a mediation is preclude from asserting the privilege under
Section 9 of this Act, to the extent that the communication
prejudices another person in the proceeding and it is necessary
for the person prejudiced to respond to the representation of
disclosure. (Section 10)
1.09 WHAT ARE THE INSTANCES WHEREIN THERE IS NO

PRIVILEGE AGAINST DISCLOSURE UNDER SECTION 9?
(a) There is no privilege against disclosure under Sec-
tion 9 if mediation communication is
(1) in an agreement evidenced by a record authen

ticated by all parties to the
agreement;
(2) available to the public or that is made during
a session of a mediation which is open, or is
required by law to be
open, to the public;
(3) a threat or statement of a
plan to inflict bodily
injury or commit a crime of violence;
4) internationally used to plan a crime, attempt
tocommit, or commit a crime, or conceal an
going crime or criminal
on
activity;
(5) sought or offered to prove
neglect, abandonment,
or
disprove abuse,
ceeding in
or
which a public agency is
exploitation in a pro-
the interest of an protecting
individual protected by law
but this
exception does not apply where a child
protection matter is referred to mediation by
a court or a
public
agency
child protection mediation, participates in the
PARTI
Resolution Act of 2004
Chapter O n e - Alternative Dispute
or disprove a
claim
(6) sought or offered to prove
misconduct or mal
or complaint of professional
practice filed against mediator in proceeding

a
or
claim
sought or offered to prove or disprove
a
(7)
of complaint of professional misconduct
of mal
practice filed against a party, nonparty par
ticipant, or representative of a party based
on
conduct occurring during a mediation.

There is no privilege under Section 9 if a court or
(b)
administrative ageney, finds, after a hearing in camera, that
the party seeking discovery of the proponent of the evidence
has shown that the evidence is not otherwise available, that
there is a need for the evidence that substantially outweighs
the interest in protecting confidentiality, and the mediation
communication is sought or offered in:
(1) a court proceeding involving a crime or felony; or
(2) a proceeding to prove a claim or defense that

under the law is sufficient to reform or avoid a
liability on a contract arising out of the media
tion.
1.10 MAY A MEDIATOR BE COMPELLED TO PROVIDE MEDIATION
COMMUNICATION?
No, a mediator may not be compelled to provide evidence of a
mediation communication or testify in such proceeding.
1.11 WHAT MAY BE ADMITTED WHEN A MEDIATION COMMUNI-

CATION Is NOT PRIVILEGED UNDER AN EXCEPTION IN
SUBSECTION (a) or (6)?
If a mediation communication is not privileged under an
exception in subsection (a) or (b), only the portion of the communica-
tion necessary for the application of the exception for nondisclosure
may be admitted. The admission of particular evidence for the
limited purpose of an exception does not render that evidence, or any
other mediation communication, admissible for any other purpose.
(Section 11)
2.00 AS A RULE, A MEDIATOR MAY NOT MAKE A REPORT,
ASSESSMENT, EVALUATION, RECOMMENDATION, FINDING,
OR OTHER COMMUNICATION REGARDING A MEDIATION
TO A COURT OR AGENCY OR OTHER AUTHORITY TU

MAKES A RULING ON A DISPUTE THAT IS THE SUBJECT
A MEDIATION. ARE THERE ANY EXCEPTIONS?
F
Yes, a mediator may not make a report, assessment, evaluation

recommendation, finding, or other communication regardinga& t
me
me.
court other authority that mo
agency or
diation to a or
on a dispute that is the subject of a mediation, except:
ruling
(a) Where the mediation occurred or has terminated, or
reached.
a settlement
was
where
As permitted to be disclosed under Section 13 of this
(b)
Chapter.(Section 12)
2.01 WHAT ARE THE OPERATIVE PRINCIPLES ON MEDIATION
The mediation shall be guided by the following operative
principles:
Before accepting a mediation, an individual who is
(a)
to serve as a mediator shall:
requested
make an inquiry that is reasonable under the
(1)
circumstances to determine whether there are
a reasonable individual
any known facts that
would consider likely to affect the impartiality
of the mediator, including a financial or personal
interest in the outcome of the mediation and
any existing past relationship with a party
or
or foreseeable participant in
the mediation; and
(2) disclose to the mediation parties any such fact

known or learned as soon as is practical before
accepting a mediation.
(b) Ifamediationlearns any fact described in paragraph
(b) the mediator
(a) (1) of this section after accepting a mediation,
shall disclose it as soon as practicable.
individual who is
At the request of a mediation party, an to
his/her qualifications
requested to serve as mediator shall disclose
mediate a dispute.
2.02 IS IT REQUIRED THAT A MEDIATOR HAS SPECIAL QUALIF
CATIONS BY BACKGROUND OR PROFESSION?
As a rule, this Act does not require that a mediator shall have
unless the specia
special qualifications by background or profession
PARTI
Chapter One - Alternative Dispute Resolution Act of 2004
qualifications of a mediator are required in the mediation agreement

orby the mediation parties. (Section 13)
2.03 MAY A PARTY WAIVE HIS RIGHT TO PARTICIPATE IN

MEDIATION?
Yes, except as otherwise provided in this Act, a party may
designate a lawyer or any other person to provide assistance in the
mediation. A lawyer of this right shall be made in writing by the
party waiving it. A waiver of participation or legal representation
may be rescinded at any time. (Section 14)
2.04 WHERE IS THE PLACE OF MEDIATION?

The parties are free to agree on the place of mediation. Failing
Such agreement, the place of mediation shall be any place convenient
and appropriate to all parties.
2.05 WHAT IS THE EFFECT IF THERE IS AN AGREEMENT TO

SUBMIT DISPUTE To MEDIATION UNDER INSTITUTIONAL
RULES?
An agreement to submit a dispute to mediation by any institu-
tion shall include an agreement to be bound by the internal media-
tion and administrative policies of such institution.
Further, an agreement to submit to mediation under

a dispute
international mediation rule shall be deemed to include an agree-
of the dispute and
ment to have such rules govern the mediation
and nonparty
for the mediator, the parties, their respective counsel,
participants to abide by such rules.
BETWEEN THE INSTITUTIONAL
2.06 IN CASE OF CONFLICT
THIS ACT, WHICH WILL PREVAIL?
MEDIATION RULES AND
institutional mediation rules and
In of conflict between the
case
the latter shall prevail. (Section 16)
the provisions of this Act,
UPON SETTLE.
ARE THE DUTIES OF THE PARTIES
2.07 WHAT
MENT AGREEMENT?
settlement
the duties of the parties upon
The following are
agreement: successful medi.

settlement agreement
following
a. A assistance of
by the parties with the
ation shall be prepared mediator.
if any, and by the
counsel,
their respective
10 THE ALTERNATIVE DISPUTE RESOLUTION
b. The parties and their respective

counsels shallo.
deavor to make the terms and condition en
make adequate provisions for the
thereof complete
mplete and
contingency of
avoid conflicting interpretations of the agreement. breach to
C. The parties and their respective
shall sign the settlement agreement. (Section counsels, an
if
17)
2.08 WHAT IS THE DUTY OF THE MEDIATOR AFTER A
SETTTIE
MENT AGREEMENT HAS BEEN MADE?
The mediator shall certify that he/she explained the
of the settlement agreement to the parties in a contents
language known to
them. (Section 17)
2.09 MAY THE PARTIES DEPOSIT THE SETTLEMENT

AGREEMENT
WITH THE COURT?
Yes. If the parties so desire, they may deposit such
settlement
agreement with the appropriate Clerk of a Regional Trial Court of
the place where one of the parties resides. (Section 17)
2.10 WHEN AND WHERE MAY A PARTY FILE A PETITION TO

ENFORCE THE SETTLEMENT AGREEMENT?
Where there is aneed to enforce the settlement agreement,
a petition may be filed by any of the parties with the same court
wherein the agreement was deposited, in which case, the court shall
proceed summarily to hear the petition, in accordance with such
rules of procedure as may be promulgated by the Supreme Court.
(Section 17)
2.11 MAY A MEDIATOR BECOME THE SOLE ARBITRATOR FOR
THE DISPUTE?
Yes, the parties may agree in the settlement agreement that
the mediator shall become a sole arbitrator for the dispute and shall
treat the settlement agreement as an arbitral award which shall be
subject to enforcement under R.A. No. 876, otherwise known as the
Arbitration Law, notwithstanding the provisions of E.O. No. 1008 for
mediated dispute outside of the CIAC. (Section 17)
2.12 WHAT ARE THE OTHER FORMS OF ADR WHEREIN THE

PARTIES MAY AGREE TO REFER ONE OR MORE OR ALL
ISSUES ARISING IN A DISPUTE OR DURING ITS PENDENCY?
PARTI 11
Chapter One -
Alternative Dispute Resolution Act of 2004
The parties may agree to refer one or more or all issues arisin8
in a dispute or during its pendency to other forms of ADR such as but
not limited to:
(a) the evaluation of a third person or

(b a mini-trial,
(c) mediation-arbitration, or a combination thereof.

For purposes of this Act, the use of other ADR forms shall1 be
governed by Chapter 2 of this Act except where it is combined with
arbitration in which case it shall likewise be governed by Chapter 5
of this Act. (Section 18)
3.00 WHAT LAW GoVERNS INTERNATIONAL COMMERCIAL

ARBI
TRATION?
International commercial arbitration shall be governed by the
Model Law on International Commercial Arbitration (the "Model
Law) adopted by the United Nations Commission on International
Trade Law on June 21, 1985 (United Nations Document A/40/17) and
recommended approved on December 11, 1985. (Section 19)
3.01 HOW SHOULD THE MODEL LAW BE INTERPRETED?

In interpreting the Model Law, regard shall be had to its
international origin and to the need for uniformity in its interpreta-
tion and resort may be made to the travaur preparatories and the
report of the Secretary General of the United Nations Commission
on International Trade Law dated March 25, 1985 entitled, "Inter-
national Commercial Arbitration: Analytical Commentary on Draft
Trade identified by reference number A/CN. 9/264." (Section 20)
3.02 WHAT IS COMMERCIAL ARBITRATION?

An arbitration is "commercial" if it covers matters arising from
all relationships of a commercial nature, whether contractual or not.
Relationships of transactions: any trade transaction for the supply or
exchange of goods or services; distr1bution agreements; construction
of works; commercial representation or agency; factoring; leasing,
consulting; engineering; licensing; investment; financing; banking;
insurance; joint venture and other forms of industrial or business
cooperation; carriage of goods or passengers by air, sea, rail or road.
(Section 21)
DISPUTE RESOLUTION
12 THE ALTERNATIVE
3.03 WHO MAY REPRESENT A PARTY IN AN INTERNATIONA

NAL
ARBITRATION?
In an international arbitration conducted in the Philionin.
a party may be represented by any person of his choice. Providec
that such representative, unless admitted to the practice of law.in
the Philippines, shall not be authorized to appear as counsel in any
any
Philippine court, or any other quasi-judicial body whether or not
such appearance is in relation to the arbitration in which he ars.
(Section 22)
3.04 WHAT IS THE NATURE OF ARBITRATION PROCEEDINGS?

The arbitration proceedings, including the records, evidenea
and the arbitral award, shall be considered confidential and shall not
be published.
3.05 WHEN MAY THE PROCEEDINGs BE ALLOWED TO BE PUB.

LISHED?
The proceedings may be allowed to be published on the following
conditions:
(1) with the consent of the parties, or
(2) for the limited purpose of disclosing to the court

of relevant documents in cases where resort to the court is
allowed herein. Prouvided, however, That the court in which the
action or the appeal is pending may issue a protective order
to prevent or prohibit disclosure of documents or information
containing secret processes, developments, research and
other information where it is shown that the applicant shall
be materially prejudiced by an authorized disclosure thereof.
(Section 23)
3.06 WHEN MAY A COURT REFER THE
PARTIES TO ARBITRATION?
A court before which an action is brought in a matter which
is the subject matter of an arbitration agreement shall, if at least
one party so
requests not later that the pre-trial conference, or upon
the request of both
parties thereafter, refer the parties to arbitration
unless it finds that the arbitration
agreement is null and void,
inoperative or incapable of being performed. (Section 24)
PART I 13
3.07 HOW SHOULD THE COURT INTERPRET THE ACT?

In interpreting the Act, the court shall have due regard to the
policy of the law in favor of arbitration. Where action is commenced
by or against multiple parties, one or more of whom are parties who
are bound by the arbitration agreement although the civil action
may continue as to those who are not bound by such arbitration
agreement. (Section 25)
4.00 WHAT IS MEANT BY "APPOINTING AUTHORITY"?

Appointing Authority" as used in the Model Law shall mean
the person or institution named in the arbitration agreement as the
appointing authority; or the regular arbitration institution under
whose rules the arbitration is agreed to be conducted. Where the
parties have agreed to submit their dispute to institutional arbitration
rules, and unless they have agreed to a different procedure, they
shall be deemed to have agreed to procedure under such arbitration
rules for the selection and appointment of arbitrators. In ad hoc
arbitration, the default appointment of an arbitrator shall be made
by the National President of the Integrated Bar of the Philippines
(IBP) or his duly authorized representative. (Section 26)
4.01 WHAT ARE THE FUNCTIONS THAT MAY BE PERFORMED BY

APPOINTING AUTHORITY?
The functions referred to in Articles 11(3), 11(4), 13(3), and 14(1)
of the Model Law shall be performed by the Appointing Authority,
unless the latter shall fail or refuse to act within 30 days from receipt
of the request in which case the applicant may renew the application
with the Court. (Section 27)
Articles 11(3), 11(4), 13(3), and 14(1) of the Model Law refer to
the following:
Article 11. Appointment ofarbitrators
Article 11(3)-"Failing such agreement,
(a) in an arbitration with three arbitrators, each party
shall appoint one arbitrator, and the two arbitrators thus
appointed shall appoint the third arbitrator; if a party fails to
appoint the arbitrator within thirty days of receipt of a request to
do so from the other party, or if the two arbitrators fail to agree
on the third arbitrator within thirty days of their appointment,
appointment shall be made, upon request of a party, by the
court or other authority specified in Article 6;
(b) in an arbitration with a sole arbitrator, if the parties

are unable agree on the arbitrator, he shall be appointed, upon
to
request of a party, by the court or other authority specified in
Article 6.
Article 11(4)-"Where, under an appointment procedure
agreed upon by the parties,
(a) aparty fails to act as required under such procedure, or

(b) the parties,arbitrators, are unable to reach an
or two
agreement expected of them under such procedure, or
(c) a third party, including an institution, fails to
perform any function entrusted to it under such procedure,
any
party may request the court or other authority specified in Article
6 to take the necessary measure, unless the agreement on the
appointment procedure provides other means for securing the
appointment.
Article 13. Challenge procedure
Article 13(3)- Tf a challenge under
agreed upon by the parties or under the procedureany procedure
of paragraph
(2) of this article is not successful, the
request, within
challenging party may
thirty days after having received notice of the
decision rejecting the challenge, the court or other
specified in Article 6 to decide the
authority
shall be subject to no
on
challenge, which decision
the arbitral tribunal,
appeal; while such a request is pending,
including the challenged arbitrator, may
continue the arbitral
proceedings and make an award."
Article 14. Failure or
impossibility to act
Article 14(1) f an arbitrator becomes de jure or
-
de facto unable to perform his functions or

fails to act without undue delay, his mandate for other reasons
if he withdraws from his office or the terminates
if parties agree on the
termination. Otherwise, if a
any of these grounds, any
controversy remains concerning
party may request the court or other
authority specified in Article 6 to decide on the
the mandate, which termination of
decision shall be subject to no
appeal."
4.02 MAY A PARTY
REQUEST FOR AN INTERIM MEASURE OF
PROTECTION?
Yes. It is not
incompatible with
arbitration agreement for
an
a party to request, before constitution of the
an interim measure
of protection and tribunal, from a Court
for the Court to grant such
measure. (Section 28)
PARTI 15
4.03 WHEN MAY A REQUEST FOR INTERIM MEASURE BE MADE?

After constitution of the arbitral tribunal and during arbitral
proceedings, a request for an interim measure of protection or modi-
fication thereof, may be made with the arbitral tribunal or to the
extent that the arbitral tribunal has no power to act or is unable to
act effectively, the request may be made with the Court. (Section 28)
4.04 WHEN IS THE ARBITRAL TRIBUNAL DEEMED CONSTITUTED?

The arbitral tribunal is deemed constituted when the sole arbi
trator 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 making request. (Section 28)
4.05 WHAT ARE THE RULES ON INTERIM OR PROVISIONAL

RELIEF?
The following rules on interim or provisional relief shall be
observed:
(1) Any party may request that provisional relief be
granted against the adverse party.
(2) Such relief may be granted:

(i) to prevent irreparable loss or injury;
i) to provide security for the performance of any

obligation;
(ii) to produce or preserve any evidence; or
(iv) to compel any other appropriate act or omission.
(3) The order granting provisional relief may be condi-
tioned upon the provision of security or any act or omission
specified in the order.

(4) Interim or provisional relief is requested by written
application transmitted by reasonable means to the Court 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 requested,
the grounds for the relief, and evidence supporting the request.
The order shall be binding upon the parties.
(5)
(6) Either party may apply with the Court for assistan
in interim ance
implementing or enforcing
an arbitral tribunal.
an measure
ordered by
(7) A party who does not comply with the order shall
be
liable for all damages resulting from noncompliance, includina
all expenses, and reasonable attorney's tees, paid in
obtainino
the order's judicial enforcement. (Section 28)
4.06 WHAT OTHER INTERIM MEASURE MAY AN ARBITRAL

TRIBUNAL GRANT?
Unless otherwise agreed by the parties, the arbitral tribunal
may, at the request of a party, order any party to take such interim
measures of protection as the arbitral tribunal may
consider
necessary in respect of the subject matter of the dispute following
the rules in Section 28, paragraph 2. Such interim measures
may
include but shall not be limited to preliminary injunction directed
against a party, appointment of receivers or detention, preservation,
inspection of property that is the subject of the dispute in arbitration.
Either party may apply with the Court for assistance in
implementing
or enforcing an interim measures ordered by an arbitral tribunal.
(Section 29)
4.07 WHAT IS THE RULE ON THE VENUE OF THE ARBITRATION
PROCEEDINGS?
The parties are free to agree on the place of arbitration.
Failing
such agreement, the place of arbitration shall be in Metro Manila,
unless the arbitral tribunal, having regard to the circumstances of
the case, including the convenience of the parties shall decide on a
different place of arbitration. (Section 30)
4.08 WHERE SHOULD THE MEMBERS OF THE ARBITRAL TRIBU-

NAL HOLD THEIR MEETING?
The arbitral tribunal may, unless otherwise agreed by the
parties, meet at any place it considers appropriate for consultation
among its members, for hearing witnesses, experts, or the
or for inspection of
parties,
goods, other property or documents. (Section 30)
4.09 WHAT IS THE LANGUAGE TO BE USED IN THE ARBITRAL
PROCEEDINGS?
The parties are free to agree on the language or languages to DE
used in the arbitral proceedings. Failing such
agreement, the language
PARTI 17
Chapter One Alternative Dispute Resolution Act of 2004
to be used shall be English in international arbitration, and English

or Filipino for domestic arbitration, unless the arbitral tribunal shall
determine a different or another language or languages to be used in
the proceedings. This agreement or determination, unless otherwise
specified therein, shall apply to any written statement by a party,
any hearing and any award, decision or other communication by the
arbitral tribunal.
The arbitral tribunal may order that any documentary evidence

shall be accompanied by a translation into the language or languages
agreed upon by the parties or determined in accordance with para-
graph 1 of this section. (Section 31)
5.00 WHAT LAW GOVERNS DOMESTIC ARBITRATION?

Domestic arbitration shall continue to be governed by R.A. No.
876, otherwise known as "The Arbitration Law as amended by this
Chapter. The term "domestic arbitration" as used herein shall mean
an arbitration that is not international as defined in Article (3) of the
Model Law. (Section 32)
5.01 IS THE MODEL LAW APPLICABLE TO DOMESTIC ARBITRA

TION?
Yes. Articles 8, 10, 11, 12, 13, 14, 18, and 19, and 29 to 32 of the
Model Law and Sections 22 to 31 of the Chapter 4 of the Act shall
apply to domestic arbitration. (Section 33)
Articles 8, 10, 11, 12, 13, 14, 18, 19, 29, 30, 31, 32 of the Model
Law provide that:
Article 8. (1) A court before which an action is brought in
a matter which is the subject of an arbitration agreement shall,
if a party so requests not later than when submitting his first
statement on the substance of the dispute, refer the parties to
arbitration unless it finds that the agreement is null and void,
inoperative or incapable of being performed.
Where an action referred to in paragraph (1) of this
(2)
article has been brought, arbitral proceedings may nevertheless
be commenced or continued, and an auward may be made, while
the issue is pending before the court.
Article 10. (1) The parties are free to determine the number
of arbitrators
(2) Failing such determination, the number ofarbitrators
shall be three.
18
Article 11. (1) No person shall be precluded by reason of

his nationality from acting as an arbitrator, unless otherwise
agreed by the parties.

The parties are free to agree on a procedure of
()
appointing the arbitrator or arbitrators, subject to the provisions
of paragraphs (4) and (5) of this article.

(3) Failing such agreement,
(a) in an arbitration with three arbitrators, each
party shall appoint one arbitrator, and the
two arbitrators thus appointed shall appoint
the third arbitrator; if a party fails to appoint
the arbitrator within thirty days of receipt of a
request to do so from the other party, or if the two
arbitrators fail to agree on the third arbitrator
within thirty days of their appointment, the
appointment shall be made, upon request of a
party, by the court or other authority specified
in Article 6;
(b) in an arbitration with a sole arbitrator, if the

parties are unable to agree on the arbitrator, he
shall be appointed, upon request of a party, by
the court or other authority specified in Article 6.
(4) Where, under an appointment procedure agreed

upon by the parties,
(a) a party fails to act as required under such pro-
cedure, or
(b) the parties, or two arbitrators, are unable to

reach an agreement expected of them under
such procedure, or
(c) a including an institution, fails to

third party,
perform any function entrusted to it under such
procedure, any party may request the courtor
other authority specifed in Article 6 to take the
necessary measure, unless the agreement on the
appointment procedure prouvides other means
for securing the appointment.
(5) A decision on a matter entrusted by paragraph (3)

or (4) of this article to the court or other authority specified
in Article 6 shall be subject to no appeal. The court or other
authority, in appointing an arbitrator, shall have due regard to
any qualifications required of the arbitrator by the agreement of
the parties and to such considerations as are likely to secure the
PARTI 19
appointment of an independent and impartial arbitrator and, in

the case of a sole or third arbitrator, shall take into account as
well the advisability of appointing an arbitrator of a nationality
other than those of the parties.
Article 12. (1) When a person is approached in connection
with his possible appointment as an arbitrator, he shall disclose
any circumstances likely to give rise to justifiable doubts as to
his impartiality or independence. An arbitrator, from the time of
his appointment and throughout the arbitral proceedings, shall
without delay disclose any such circumstances to the parties
unless they have already been informed of them by him.
(2) An arbitrator may be challenged only if circumstance
exist that give rise to justifiable doubts as to his impartiality or
independence, or if he does not possess qualifications agreed to
by the parties. A party may challenge an arbitrator appointed
by him, or in whose appointment he has participated, only for
reasons of which he becomes aware after the appointment has
been made.
Article 13. (1) The parties are free to agree on aprocedure

for challenging an arbitrator, subject to the provisions of
paragraph (3) of this article.
(2) Failing such agreement, a party who intends to

challenge an arbitrator shall, within fifteen days after becoming
aware of the constitution of the arbitral tribunal or after
becoming aware of any circumstance referred to in Article 12(2),
send a written statement of the reasons for the challenge to the
arbitral tribunal. Unless the challenged arbitrator withdraws
from his office or the other party agrees to the challenge, the
arbitral tribunal shall decide on the challenge.
(3) If a challenge under any procedure agreed upon by

the parties or under the procedure of paragraph (2) of this article
is not successful, the challenging party may request, within
thirty days after having received notice of the decision rejecting
the challenge, the court or other authority specified in Article 6
to decide on the challenge, which decision shall be subject to no
appeal; while such a request is pending, the arbitral tribunal,
including the challenged arbitrator, may continue the arbitral
proceedings and make an award.
Article 14. (1) 1f an arbitrator becomes de jure or de facto

unable to perform his functions or for other reasons fails to act
without undue delay, his mandate terminates if he withdraws
from his office or if the parties agree on the termination. Other
wise, if a controversy remains concerning any of these grounds,
RESOLUTION
ALTERNATIVE
DISPUTE
THE LAW
20 ARBITRATION
AND THE
other authority specified in

the court o r
any party may request which deci.
the termination of the mandate,
Article 6 to decide on
sion shall be subject to no appeal.
Article 13(2), an arbitrator
If. under this Article or
()
(2)
agrees to the
termination
his office or a party
withdrauws from not imply acceptance
of a n arbitrator, this does
of the mandate to in this Article or Article
referred
of the validity of any ground
12(2).
Article 18. The parties
shall be treated with equality and
opportunity of presenting his
each party shall be given a full
Case.
Article 19. (1) Subject to theprovisions of this Law, the

free to agree on the procedure to be followed by the
parties are
arbitral tribunal in conducting the proceedings.

Failing such agreement, the arbitral tribunal may,
(2)
to the provisions of this Law, conduct the
arbitration in
subject
such manner as it considers appropriate. The power conferred
upon the arbitral tribunal includes the power to determine the
admissibility, relevance, materiality and weight of any evidence.
Article 29. In arbitral proceedings with more than one

arbitrator, any decision of the arbitral tribunal shall be made,
unless otherwise agreed by the parties, by a majority of all its
members. However, questions of procedure may be decided by
a presiding arbitrator, if so authorized by the parties or all
members of the arbitral tribunal.
Article 30. (1) f, during arbitral proceedings, the parties

settle the dispute, the arbitral tribunal shall terminate the
proceedings and, if requested by the parties and not objected to
by the arbitral tribunal, record the settlement in the form of an
arbitral award on agreed terms.
(2) An award on agreed terms shall be made in

accordance with the provisions of Article 31 and shall state that
it is an award. Such an award has the same status and effect as
any other award on the merits of the case.
Article 31. (1) The award shall be made in writing and
shall be signed by the arbitrator or
arbitrators. In arbitral pro
ceedings with more than one arbitrator, the signatures of the
majority of all members of the arbitral tribunal shall
provided that the suffice,
reason for any omitted signature is stated.
(2) The award shall state the reasons
based, unless the parties have upon which it is
agreed
given or the award is an award on
that no reasons are to be
agreed terms under Article 30.
21
PARTI
Chapter One -
(3) The award shall state its date and the place of
arbitration as determined in accordance with Article 20(1). The
award shall be deemed to have been made at that place.
arbi-
(4) After the award is made, a copy signed by the
trators in accordance with paragraph (1) of this article shall be
delivered to each party.

Article 32. (1) The arbitral proceedings are terminated
in
by the final award or by an order of the arbitral tribunal
accordance with paragraph (2) of this article.
The arbitral tribunal shall issue an order for the
(2)
termination of the arbitral proceedings when:
the claimant withdraws his claim, unless the
(a)
respondent objects thereto and the arbitral tri-
bunal recognizes a legitimate interest on his part
in obtaining a final settlement of the dispute;
the termination of the
(b) the parties agree on
proceedings;
the arbitral tribunal finds that the continuation
of the proceedings has for any other reason
become unnecessary or impossible.
The mandate arbitral tribunal terminates

of the
with
(3)
the termination of the arbitral proceedings, subject to the
provisions of Articles 33 and 34(4).
Sections 22 to 31 of Chapter 4 of R.A. No. 9285

provide that:
Section 22. Legal Representation in International
Arbitration. - In international arbitration conducted in the
a party may be presented by any person of
his
Philippines,
choice. Provided, That such representative, unless admitted to
the practice of law in the Philippines, shall not be authorized to
appear as counsel in any Philippine court, or any other quasi-
relation to the
judicial body whether or not such appearance is in
arbitration in which he appears.
Section 23. Confidential of Arbitration Proceedings.

The arbitration proceedings, including the records, evidence
and the arbitral award, shall be considered confidential and
shall not be published except (1) with the consent of the parties,
or (2) for the limited purpose of disclosing to the court of relevant
documents in cases where resort to the court is allowed herein.
Provided, however, That the court in which the action or the
appeal is pending may issue a protective order to prevent or
prohibit disclosure of documents or information containing secret

and other information where
processes, developments, research
it is shown that the applicant shall be materially prejudiced by
an authorized disclosure thereof.
Section 24. Referral to Arbitration.- A court before
which an action is brought in a matter which is the subject
matter of an arbitration agreement shall, if at least one party
so requests not later than the pre-trial conference, or upon the
request of both parties thereafter, refer the parties to arbitration
unless it finds that the arbitration agreement is null and void,
inoperative or incapable of being performed.
Section 25. Interpretation of the Act.- In interpreting
the Act, the court shall have due regard to the policy of the
law in favor of arbitration. Where action is commenced by or
against multiple parties, one or more of whom are parties who
are bound by the arbitration agreement although the civil action
may continue as to those who are not bound by such arbitration
agreement.
Section 26. Meaning of "Appointing Authority."
Appointing Authority" as used in the Model Law shall mean the
person or institution named in the arbitration agreement as the
appointing authority; or the regular arbitration institution under
whose rules the arbitration is agreed to be conducted. Where
the parties have agreed to submit their dispute to institutional
arbitration rules, and unless they have agreed to a different
procedure, they shall be deemed to have agreed to procedure
under such arbitration rules for the selection and appointment
of arbitrators. In ad hoc arbitration, the default appointment
of an arbitrator shall be made by the National President of the
Integrated Bar of the Philippines (IBP) or his duly authorized
representative.
Section 27. What Functions May be Performed by

Appointing Authority.- The functions referred to in Articles
11(3), 11(4), 13(3) and 14(1) of the Model Law shall be performed
by the Appointing Authority, unless the latter shall fail or refuse
to act within thirty (30) days from receipt of the request in which
case the applicant may renew the application with the Court.
Section 28. Grant of Interim Measure of Protection.-

(a) It is not incompatible with an arbitration agreement
for a party to request, before constitution of the tribunal, fromna
Court an interim of protection and for the Court to grant
measure
such measure. After constitution of the arbitral tribunal and
during arbitral proceedings, a request for an interim measure of
23
PARTI
protection or modification thereof, may be made with the arbitral

tribunal or to the extent that the arbitral tribunal has no power
to act or is unable to act effectively, the request may be made with
the Court. The 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
making request.
(6) The following rules on interim or provisional relief

shall be observed:
(1) Any party may request that provision relief be

granted against the adverse party:

i) to prevent irreparable loss or injury:
(i) to provide security for the performance of

any obligation;
(1u) to produce or preserve any evidence; or
(iv) to compel any other appropriate act or
omission.
(3) Theorder granting provisional relief may be

conditioned upon the provision of security or any act or
omission specified in the order.
or provisional relief is requested by

Interim
(4)
written application transmitted by reasonable means to the
Court or arbitral tribunal as the case may be and the party
against whom the relief is sought, describing in approp-
riate detail the precise relief, the party against whom the
reliefis the grounds for the relief, and evidence
requested,
supporting the request.
be binding upon the parties.

(5) The order shall
Either party may apply with the Court for
(6)
assistance in implementing or enforcing an interimn
measure ordered by an arbitral tribunal.
(7) Aparty who does not comply with the order shall
be liable for all damages resulting from noncompliance,
including all expenses, and reasonable attorney's fees, paid
in obtaining the order's judicial enforcement.
Section 29. Further Authority for Arbitrator to Grant

Interim Measure of Protection.- Unless otherwise agreed by
the parties, the arbitral tribunal may, at the request of a party,
order any party to take such interim measures of protection as the

arbitral tribunal may consider necessary in respect of the subject
matter of the dispute following the rules in Section 28, paragraph
2. Such interim measures may include but shall not be limited to
preliminary injunction directed against a party, appointment of
receivers or detention, preservation, inspection of property that is
the subject of the dispute in arbitration. Either party may apply
with the Court for assistance in implementing or enforcing an
interim measures ordered by an arbitral tribunal.
Section 30. Place of Arbitration. - The parties are
free to agree on the place of arbitration. Failing such agreement,
the place of arbitration shall be in Metro Manila, unless the
arbitral tribunal, having regard to the circumstances of the
case, including the convenience of the parties shall decide on a
different place of arbitration.
The arbitral tribunal may, unless otherwise agreed by the
parties, meet at any place it considers appropriate for consultation
among its members, for hearing witnesses, experts, or the parties,
or for inspection of goods, other property or documents.
Section 31. Language of the Arbitration. -The parties

are free to agree the
language or languages to be used in the
on
arbitral proceedings. Failing such
agreement, the language to be
used shall be English in international
or Filipino
arbitration, and English
for domestic arbitration, unless the arbitral tribunal
shall determine a different or another
be used in the
language or languages to
proceedings. This agreement or determination,
unless otherwise specified therein, shall
statement by a party, any
apply to any written
hearing
other communication by the arbitral
and any award, decision or
tribunal.
The arbitral tribunal
may order that any documentary
evidence shall be accompanied a
by translation into the language
or
languages agreed upon by the parties or determined in
accordance with paragraph 1 of this section.
5.02 WHAT LAW GOVERNS

DISPUTES?
ARBITRATION OF CONSTRUCTION
The arbitration of
construction disputes shall be
E.0. No. 1008, otherwise known
as the
governed by
tration Law. Constitution Industry Arbi-
5.03 WHAT ARE THE
CONSTRUCTION DISPUTES THAT FALL
WITHIN THE ORIGINALAND
EXCLUSIVE JURISDICTION OF THE
CONSTRUCTION INDUSTRY ARBITRATION
COMMISSiON?
PARTI 25
Chapter One -
Construction disputes which fall within the original and

exclusive jurisdiction of the Construction Industry Arbitration Com-
mission (the "Commission") shall include those between or among
parties to, or who are otherwise bound by, an arbitration agreement,
directly or by reference whether such parties are project owner, con-
tractor, subcontractor, quantity surveyor, bondsman or issuer of an
insurance policy in a construction project.
The Commission shall continue to exercise original and exclu-
sive jurisdiction over construction disputes although the arbitration
is "commercial" pursuant to Section 21 of this Act. (Section 35)
5.04 WHEN MAY AN ARBITRATOR ACT AS MEDIATOR AND A

MEDIATOR AS AN ARBITRATOR?
By written agreement of the parties to a dispute, an arbitrator
may act as mediator and a mediator may act as arbitrator. The parties
may also agree in writing that, following a successful mediation, the
mediator shall issue the settlement agreement in the form of an
arbitral award. (Section 36)
5.05 WHEN MAY A FOREIGN ARBITRATOR BE APPOINTED?

The Construction Industry Arbitration Commission (CIAC)
shall promulgate rules to allow for the appointment of a foreign
arbitrator or co-arbitrator or chairman of a tribunal a person who
has not been previously accredited by CIAC: Provided, That:
(a) the dispute is a construction dispute in which one

party is an international party;
(b) the person to be appointed agreed to abide by the
arbitration rules and policies of CIAC;
(c) he/she is either co-arbitrator upon the nomination of

the international party; or he/she is the common choice of the
two CIAC-accredited arbitrators first appointed one of whom
was nominated by the international party; and
(d) the foreign arbitrator shall be of different nationality
from the international party. (Section 37)
5.06 WHAT PROVISIONS OF R.A. NO. 9285 ARE APPLICABLE TO

ARBITRATION OF CONSTRUCTION DISPUTES?
The provisions of Section 17(d) of Chapter 2, and Sections 28
and 29 of this Act shall apply to arbitration of construction disputes
covered by this Chapter. (Section 38)
AND THE ARBITRATION LAWN
Section 17(d) of Chapter 2, and Sections 28 and 29 of this

refer to the following: Act
Section 17. Enforcement of Mediated Settlement
Agreement,- The mediation shall be guided by the following
operative principles:
(a) xxr
(6)
(c)
d)The parties may agree in the settlement agreement
that the mediator shall become a sole arbitrator for the dispute
and shall treat the settlement agreement as an arbitral award
which shall be subject io enforcement under Republic Act No
876, otheruwise known as the Arbitration Law, notwithstanding
the provisions of Executive Order No. 1008 for mediated dispute
outside of the CIAC.
Section 28. Grant of Interim Measure of Protection.

-
(a) It is not incompatible with an arbitration agreement for a

party to request, before constitution of the tribunal, from a Court
an interim measure ofprotection and for the Court to grant such
measure. After constitution of the arbitral tribunal and
during
arbitral proceedings, a request for an interim measure of
pro-
tection or modification thereof, may be made with the arbitral
tribunal or to the extent that the arbitral tribunal has no power
to act or is unable to act effectively, the request may be made with
the Court. The 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
making request.
(b) The following rules on interim or provisional relief
shall be observed:
(1) Any party may request that provisional relief be

granted against the adverse party:
to prevent irreparable loss or injury;
(i) to provide security for the performance of
any obligation;
(ii) to produce or preserve any evidence; or
(u) to compel any other appropriate act or
omission.
PARTI 27
Chapter One - Alternative Dispute Resolution Act of 2004
(3) The order granting provisional relief may be

conditioned upon the provision of security or
any act or omission specified in the order.
(4) Interim or
provisional relief is requested by
written application transmitted by reasonable
means to the Court 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 requested, the grounds for the relief,
and the evidence supporting the request.
(5) The order shall be binding upon the parties.

(6) Either party may apply with the Court for assis
tance in implementing or enforcing an interim
measure ordered by an arbitral tribunal.
(7) A party who does not comply with the order
shall be liable for all damages resulting from
noncompliance, including all expenses, and
reasonable attorney's fees, paid in obtaining the
order's judicial enforcement.
Section 29. Further Authority for Arbitrator to Grant

Interim Measure of Protection.- Unless otherwise agreed by
the parties, the arbitral tribunal may, at the request of a party,
order any party to take such interim measures ofprotection as the
arbitral tribunal may consider necessary in respect of the subject
matter of the dispute following the rules in Section 28, paragraph
2. Such interim measures may include but shall not be limited to
preliminary injunction directed against a party, appointment of
receivers or detention, preservation, inspection ofproperty that is
the subject of the dispute in arbitration. Either party may apply
with the Court for assistance in implementing or enforcing an
interim measures ordered by an arbitral tribunal.
5.07 WHEN MAY A COURT DISMISS A CASE INVOLVING CONS

TRUCTION DISPUTE?
A Regional Trial Court which a construction dispute is filed
shall, upon becoming aware, not later than the pre-trial conference,
that the parties had entered into an arbitration agreement, dismiss
the case and refer the parties to arbitration to be conducted by the
CIAC, unless both parties, assisted by their respective counsel, shall
submit to the Regional Trial Court a written agreement exclusively for
the Court, rather than the CIAC, to resolve the dispute. (Section 39)
5.08 WHAT LAW GOVERNS THE CONFIRMATION OF

DOMEST
ARBITRAL AWARD?
The confirmation of a domestic arbitral award shall be governea
by Section 23 of R.A. No. 876. (Section 40)
ned
Section 23 of R.A. No. 876provides that "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.
5.09 HOW SHOULD THE CONFIRMED DOMESTIC

ARBITRAL
AWARD BE ENFORCED?
A domestic arbitral award when confirmed shall be
in the same manner as final and executory decisions of the
enforced
Trial Court. (Section 40)
Regional
5.10 WHAT COURT CONFIRMS DOMESTIC AWARD?

The confirmation of a domestic award shall be made
by the
Regional Trial Court in accordance with the Rules of Procedure to be
promulgated by the Supreme Court.
A CIAC arbitral award need not be confirmed
by the Regional
Trial Court to be executory as provided under E.O. No.
1008. (Section
40)
5.11 MAY A PARTY TO A DOMESTIC
ARBITRATION QUESTION
THE ARBITRAL AWARD?
Yes, a party to a domestic arbitration may

award with the appropriate
question the arbitral
the rules of procedure to be
Regional Trial Court in accordance with
on those
promulgated by the Supreme Court only
grounds enumerated in Section 25 of R.A. No. 876.
ground raised against a domestic arbitral award shall Any other
be disregardea
by the Regional Trial Court.
(Section 41)
Section 25 refers to "Grounds
ing award."- In any one of the
for modifying or correct
make an order
following cases, the court must
modifying or correcting the award, upon the
application of any party to the controversy which was
arbitrated:
PARTI 29
Chapter One -
(a) Where there was an evident

or an evident mistake in the miscalculation of figures,
description of any person, thing or
property referred to in the award; or
(6) Where the arbitrators have awarded
upon a matter
not submitted to them, not
affecting the merits of the decison
upon the matter submitted; or
(c) Where 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 court.
The order may modify and correct the award so as to
effect
the intent thereof and promote justice between the
parties.
6.00 WHAT LAW GOVERNS THE RECoGNITION AND ENFORCE
MENT OF ARBITRAL AWARDS COVERED BY THE NEW YORK
CONVENTION?
The New York Convention shall govern the recognition and
enforcement of arbitral awards covered by the said Convention.
(Section 42)
6.01 WHERE MAY A PARTY FILE THE RECOGNITION AND EN

FORCEMENT OF ARBITRAL AWARDS?
The recognition and enforcement of such arbitral awards shall
be filed with the Regional Trial Court in accordance with the rules
of procedure to be promulgated by the Supreme Court. (Section 42)
6.02 WHAT ARE THE DOCUMENTS THAT A PARTY APPLYING FOR

THE ENFORCEMENT OF THE AWARD SHOULD PRESENT?
The party relying on the award or applying for its enforcement
shall file with the court the:
and
original or authenticated copy of the award;
the arbitration agreement.
in any of the official
If the award or agreement is not made
certified translation thereof
languages, the party shall supply a duly
into any of such languages.
The applicant shall establish that the country in which foreign
party to the New York Convention.

arbitration award was made is a
(Section 42)
RESOLUTION
THE ALTERNATIVE DISPUTE
ARBITRATION LAW
AND THE
6.03 WHEN MAY THE REGIONAL TRIAL COURT VACATE

ITS
DECISION?
Ifthe application for rejection or suspension of enforcement
an award has been made, the Regional Trial Court may, ifit consid of
it proper. vacate its decision and may also, on the application of th
party claiming recognition or enforcement of the award, order +h
the
party to provide appropriate security. (Section 42)
6.04 WHAT RULES WILL GOVERN THE RECOGNITION AND EN
FORCEMENT OF FOREIGN ARBITRAL AWARDS THAT ARE
NOT COVERED BY THE NEW YORK CONVENTION?
The recogmition and enforcement of foreign arbitral awards not
covered by the New York Convention shall be done in accordance
with the procedural rules to be promulgated by the Supreme Court.
Court may, on
grounds, of comity and reciproely, recognize and
enforce a non-convention award as a convention award. (Section 43)
6.05 IS A FOREIGN ARBITRAL AWARD CONSIDERED AS A
FOREIGN JUDGMENT?
No, a foreign arbitral award when confirmed by a court of
foreign country, shall be recognized and enforced as a foreign arbitrala
award and not judgment ofa foreign court.
a
Also, a foreign arbitral award, when confirmed by the

Trial Court, shall be enforced as a Regional
foreign arbitral award and not as
a
judgment of a foreign court
A foreign arbitral
award, when confirmed by the Regional
Trial
Court, shall be enforced in the same manner as
decisions of courts of law of the final and executory
Philippines. (Section 44)
6.06 MAY A PARTY OPPOSE
AN
TION AND ENFORCEMENT APPLICATION FOR RECOGNI
OF THE ARBITRAL
AWARD?
Yes, party to a foreign arbitration
a
application for recognition and proceeding may oppose an

in accordance with enforcement of the arbitral award
the procedural rules to
Supreme Court only on those be promulgated by the
grounds
Convention. Any otherenumerated under Article
of the New York
regarded by the Regional Trial Court. ground raised shall be dis-
(Section 45)
6.07 WHERE MAY A
PARTY
ARBITRAL AWARDS? APPEAL THE COURT DECISIONS ON
A decision of the
Regional Trial
setting aside, modifying or correcting Court confirming, vacating
an arbitral
award may D
PART I 31
Chapter One- Alternative Dispute Resolution Act
of 2004
appealed to the Court of Appeals in accordance with the rules of
procedure to be promulgated by the Supreme Court.
The losing party who appeals from the judgment of the court
confirming an arbitral award shall be required by the appellant court
to post counter-bond executed in favor of the prevailing party equal
to the amount of the award in accordance with the rules to be pro-
ulgated by the Supreme Court. (Section 46)
6.08 WHAT IS THE NATURE OF THE PROCEEDINGS FOR RECOG

NITION AND ENFORCEMENT OF AN ARBITRATION AGREE
MENT OR FOR VACATION, SETTING ASIDE, CORRECTION
OR MODIFICATION OF AN ARBITRAL AWARD, AND ANY
APPLICATION WITH A COURT FOR ARBITRATION ASSIS
TANCE AND SUPERVISION?
Proceedings for recognition and enforcement of an arbitration
agreement or for vacation, setting aside, correction or modification of
an arbitral award, and any application with a court for arbitration
assistance and supervision shall be deemed as special proceedings.
6.09 WHERE SHALL THESE PROCEEDINGS BE FILED?

It shall be filed with the Regional Trial Court (i) where arbitra
tion proceedings are conducted; (i) where the asset to be attached or
levied upon, or the act to be enjoined is located; (ii) where any of the
parties to the dispute resides or has his place of business; or (iv) in
the National Judicial Capital Region, at the option of the applicant.
6.10 WHEN AND WHERE SHALL THE COURT SEND THE NOTICE
OF PROCEEDINGS TO THE PARTIES?
In a special proceeding for recognition and enforcement of an
arbitral award, the Court shall send notice to the parties at their
address of record in the arbitration, or if any party cannot be served
notice at such address, at such party's last known address. The
notice shall be sent at least 15 days before the date set for the initial
hearing of the application. (Section 48)
6.11 DOES R.A. NO. 9285 REPEAL THE JURISDICTION OF THE
KATARUNGAN PAMBARANGAY UNDER R.A. NO. 7160?
R.A. No. 9285 shall not be interpreted to repeal, amend or
modify the jurisdiction of the Katarungan Pambarangay under R.A.
No. 7160, otherwise known as the Local Government Code of 1991.
(Section 53)
CHAPTER TWO
SPECIAL RULES OF COURT ON ALTERNATIVE

DISPUTE RESOLUTION
A.M. NO. 07-11-08 SC
A. IN GENERAL
1.00 WHAT ARE THE SUBJECT MATTERS COVERED BY

SPECIAl
ADR RULES?
The Special Rules of Court on Alternative Dispute
Resolution
(the "Special ADR Rules") shall apply to and govern the
cases:
following
a. Relief on the issue of Existence, Validity, or Enforce-
ability of the Arbitration Agreement;
b. Referral to Alternative Dispute Resolution
("ADR");
C. Interim Measures of Protection;
d. Appointment of Arbitrator;
e. Challenge to Appointment of Arbitrator;
f. Termination of Mandate of
Arbitrator;
g Assistance in Taking Evidence;
h. Confirmation, Correction or Vacation of Award in
Domestic Arbitration;
i. Recognition and Enforcement or Setting Aside of an
Award in International
Commercial Arbitration;
. Recognition and Enforcement of a Foreign Arbitral
Award;
k.
Confidentiality/Protective Orders; and
1.
Deposit and Enforcement of Mediated
Agreements. (Rule 1.1) Settlement
32
PARTI 33
Chapter Two- Special Rules of Court on Alternative Dispute Resolution
1.01 WHAT IS THE NATURE OF THE ADR PROCEEDINGS?

All proceedings under the Special ADR Rules are special pro0
ceedings. (Rule 1.2)
1.02 WHAT MUST BE DONE BY THE PETITIONER PRIOR TO THE
FILING OF THE PETITION IN COURT?
The petitioner shall serve, either by personal service or courier,
a copy of the petition upon the respondent before the filing thereof.
Proofofservice shall be attached to the petition filed in court. (Rule 1.3)
1.03 WHAT CONSTITUTE PROOF OF SERVICE?

a. For personal service, proof of service of the petition
consists of the affidavit of the person who effected service,
stating the time, place and manner of the service on the
respondent.
b. For service by courier, proof of service consists of the

signed courier proof of delivery.
C. If service is refused or has failed, the affidavit or
delivery receipt must state the circumstances of the attempted
service and refusal or failure thereof. (Rule 1.3)
1.04 HOW MANY DAYS DOES THE COURT HAVE TO RESOLVE

THE MATTER?
The court shall resolve the matter within a period of 30 days
from the day of the hearing. (Rule 1.3)
ADR RULES
1.05 ARE PLEADINGS FILED UNDER THE SPECIAL
NEED TO BE VERIFIED?
defense or
Yes.Any pleading, motion, opposition, comment, shall
claim filed under the Special ADR Rules by the proper party
affiant has read the
be supported by verified statements that the
of
true and correct
and that the factual allegations therein
are
same
his own personal knowledge or based on authentic records and shall1
contain as annexes the supporting documents. (Rule 1.4)
INCLUDED IN THE ANNEXES TO THE

1.06 WHAT MAY BE
PLEADINGS?
The annexes to the pleading, motion, opposition, comment,

defense or claim filed by the proper party may include a legal brief,
duly verified by the lawyer submitting it, stating the pertinen

the applicable law and jurisprudence to justify the
necessit
court to rule upon the issue raised. (Rule 1.4) for t
1.07 IS A CERTIFICATION AGAINST FORUM SHOPPING REOM
to
Yes, a Certification Against Forum Shopping shall be
all initiatory pleadings except a Motion to Refer
anne
EQUIREDM
the Diude
Alternative Dispute Resolution. Dispute ta
A Certification Against
Forum Shopping 18 one
0ath by the petitioner or movant: (a) that he has made n .
not theret.
commenced any action or filed any claim oiore
involving the samme issues
in any court, tribunal or
quasi-judicial agency and, to the best of
knowledge, such other action or claim 1s pending
no his
there is such other pending action or
claim, a complete
therein; (
the present status statement ofof
thereof, and (C) if he should thereafter
the same or similar action or claim
has been filed or is
learnthat
tha
shall report that fact within five
days therefrom
pending,. ha
to the court
his aforementioned
petition or motion has been filed. (Rule wherein
1.5)
1.08 WHAT ARE THE
PROHIBITED PLEADINGS IN THE
GOVERNED BY THE SPECIAL ADR CASES
RULES?
The following
allowed in the cases pleadings, motions, or
petitions shall not be
not be
governed by the Special ADR Rules, and shall
accepted for filing by the Clerk of Court:
a. Motion to dismiss
b. Motion for bill of
particulars;
C. Motion for new trial or for
d. Petition for relief from
reopening of trial;
e. Motion for
judgment;
parte temporary orderextension,
of
except in cases where an
ex
f.
protection has been issued;
Rejoinder to reply;
g Motion to declare a party in
h. Any default; and
other pleading
any provision of the specifically disallowed under
Special ADR Rules.
The court shall motu
determined proprio order a
(Rule 1.6)
to be
dilatory in nature be pleading/motion that ithas
n
expunged from the re rds.
PARTI 35
1.09 IS THE FILING AND SERVICE OF PLEADINGS BY ELECTRONIC

TRANSMIssiON ALLoWED UNDER THE ADR RULES?
Yes, filing and service of pleadings by electronic transmission
may be allowed by the agreement of the parties approved by the
court. If the fil1ng or service of a pleading or motion was done by
electronic transmission, proof of filing and service shall be made in
accordance with the Rules on Electronic Evidence. (Rule 1.8)
1.10 ARE THE TECHNICAL RULES ON SERVICE OF SUMMONS

APPLICABLE TO THE PROCEEDINGS UNDER THE SPECIAL
ADR RULES?
No, the technical rules on service of summons do not apply to
the proceedings under the Special ADR Rules. In instances where
the respondent, whether a natural or a juridical person, was not
personally served with a copy of the petition and notice of hearing in
the proceedings contemplated in the first paragraph of Rule 1.3(B),
or the motion in proceedings contemplated in the second paragraph
of Rule 1.3(B), the method of service resorted to must be such as to
reasonably ensure receipt thereof by the respondent to satisfy the
requirement of due process.
1.11 WHAT ARE THE REQUIRED CONTENTS OF THE PETITION?

The initiatory pleading in the form of a verified petition or
motion, in the appropriate case where court proceedings have already
commenced, shall include the names of the parties, their addresses,
the necessary allegations supporting the petition and the relief(s)
sOught. (Rule 1.10)
1.12 WHAT IS MEANT BY "ADR LAWS"?

"ADR Laws" refers to the whole body of ADR laws in the Phi-
lippines. (Rule 1.11)
1.13 WHAT IS "FOREIGN ARBITRAL AWARD"?

is made in country other than
"Foreign Arbitral Award" one a
the Philippines. (Rule 1.11)
SITUATIONS WHEREIN NO
1.14 WHAT RULE WILL APPLY IN
UNDER THE SPECIAL ADR
SPECIFIC RULE IS PROVIDED
RULES?
rule is provided under the
In situations where no specific
resolve such matter summarily
Special ADR Rules, the court shall
and be guided by the spirit and intent of the Special ADR Ri

the ADR Laws. (Rule 1.13)
Rales an
1.15 WHAT IS THE POLICY OF THE STATE REGARDING A
NATIVE DISPUTE RESOLUTION? LTER
It is the policy of the State to actively promote the use of va.
modes of ADR and to respect party autonomy or the freedom ne ariou
parties to make their own arrangements in the resolution of dio
with the greatest cooperation of and the least intervention fm
courts. To this end, the objectives of the Special ADR Rules a s th
encourage and promote the use of ADR, particularly arbitrationare
mediation, as an important means to achieve speedy and effci and
resolution of disputes, impartial justice, curb a litigious culturee a
to de-clog court dockets. and
The court shall exercise the power of judicial review as provide
by these Special ADR Rules. Courts shall intervene only in the cas8
allowed by law or these Special ADR Rules
1.16 WHAT SHOULD THE COURT DO WHEN THE PARTIES HAVE
AGREED TO SUBMIT THEIR DISPUTE TO ARBITRATION?
Where the parties have agreed to submit their dispute to arbi.
tration, courts shall refer the parties to arbitration pursuant to R.A
No. 9285 bearing in mind that such arbitration agreement is the
between the parties and that they are expected to abide by it in
law
good
faith. Further, the courts shall not refuse to refer parties to
tion for reasons including, but not limited to, the following:
arbitra
a. The referral tends to oust a court ofits jurisdiction;
b. The court is in a better position to resolve the dispute
subject of arbitration;
C. The referral would result in multiplicity of suits;
d. The arbitration proceeding has not commenced;
e. The place of arbitration is in a foreign country;
f One or more of the issues are
of the arbitrators
legal and one or mor
are not lawyers;
g. One or more of the arbitrators not
are Philipp
nationals; or
h. One or more of the arbitrators to
are alleged no
possess the required qualification under the arbitration agre
ment or law.
PARTI 37
Chapter Two-Special Rules of Court on Alternative Dispute Resolution
1.17 WHAT IS MEANT BY THE PHRASE "THE SPECIAL ADR

RULES RECOGNIZE THE PRINCIPLE OF
COMPETENCE"? COMPETENCE
The Special ADR Rules recognize the principle ofcompetence
competence, which means that the arbitral tribunal may initially rule
on its own jurisdiction, including any objections with respect to the
existence or validity of the arbitration agreement or any condition
precedent to the filing of a request for arbitration.
1.18 HOW IS THE "COMPETENCE-COMPETENCE PRINCIPLE"

IMPLEMENTED?
The arbitral tribunal shall be accorded the first opportunity or
competence to rule on the issue of whether or not it has the competence
or jurisdiction to decide a dispute submitted to it for decision,
including any objection with respect to the existence or validity of
the arbitration agreement. When a court is asked to rule upon issue/s
affecting the competence or jurisdiction of an arbitral tribunal in a
dispute brought before it, either before or after the arbitral tribunal
is constituted, the court must exercise judicial restraint and defer to
the competence or jurisdiction of the arbitral tribunal by allowing the
arbitral tribunal the first opportunity to rule upon such issues.
Where the court is asked to make a determination of whether
the arbitration agreement is null and void, inoperative or incapable
of being performed, under this policy of judicial restraint, the court
must make no more than a prima facie determination of that issue.
Unless the court, pursuant to such prima facie determination,
concludes that the arbitration agreement is null and void, inoperative
or incapable of being performed, the court must suspend the
action before it and refer the parties to arbitration pursuant to the
arbitration agreement.
1.19 IS THE SPECIAL ADR RULES APPLICABLE TO COURT
ANNEXED MEDIATION?
No, the Special ADR Rules do not apply to court-annexed me-

diation, which shall be governed by issuances of the Supreme Court.
Where the parties have agreed to submit their dispute to me
was brought shall suspend
diation, a court before which that dispute
the proceedings and direct the parties to submit their dispute to pri
vate mediation. If the parties subsequently agree, however, they may
opt to have their dispute settled through court-annexed mediation.
1.20 MAY AN ARBITRATOR ACT AS MEDIATOR?

No arbitrator shall act as a mediator in any proceeding
he is acting as arbitrator; and all negotiations towards
in
whi.
the dispute must take place without the presence of that
settlemen
arbit
Conversely, no mediator shall act as arbitrator in any proceedin
which he acted as mediator. gin
1.21 MAY ASETTLEMENT AGREEMENT BE
CONVERTED ASA
ARBITRAL AWARD? AN
Yes, where the parties mediation have agreed in the
to
ten settlement agreement that the mediator shall w
become the sol
arbitrator for the dispute or that the settlement le
become an arbitral award, the sole arbitrator agreement shall
shall issue the
ment agreement as an arbitral seta
award, which shall be subject t
enforcement under the law.
B. JUDICIAL RELIEF BEFORE

ARBITRATION
COMMENCES
2.00 WHO MAY FILE
APETITION TO DETERMINE ANY
CONCERNING THE EXISTENCE, VALIDITY QUESTION
ABILITY OF ARBITRATION AND ENFORCE
AGREEMENT?
Any party to an arbitration
priate court to determine any agreement may petition the appro
validity and question
concerning the existence,
enforceability of such arbitration
agreement
copy thereof on the serving
respondent in accordance with Rule 1.4(A).
a
2.01 WHEN MAY THE

PETITION FOR JUDICIAL
OF THE
EXISTENCE, DETERMINATION
OF AN ARBITRATION VALIDITY ANDIOR ENFORCEABILITY
AGREEMENT BE FILED?
The petition for
judicial determination of the
and/or enforceability of an arbitration existence, validity
time prior to the agreement may be filed at any
commencement of arbitration.
Despite the pendeney of the
proceedings may nevertheless be petition provided herein, arbitral
rendition of an commenced and
award, while the issue is continue to the
pending before the court.
2.02 WHERE IS THE
FILING OF THE SAID
A petition PETITION?
of an questioning the
arbitration agreement existence, validity and
may be filed before the enforceabil
Regional In
PARTI 39
Court ofthe place where any of the petitioners or respondents has his
orincipal place of business or residence.
2.03 ON WHAT GROUNDS MAY THE PETITION BE GRANTED?

A petition may be granted only if it is shown that the arbitration
agreement is, under the applicable law, invalid, void, unenforceable
or inexistent.
2.04 IS FORUM SHOPPING ALLOWED?

No, a petition for judicial relief under this Rule may not be com-
menced when the existence, validity or enforceability of an arbitra-
tion agreement has been raised as one of the issues in a prior action
before the same or another court.
C. JUDICIAL RELIEF AFTER ARBITRATION

COMMENCES
3.00 WHO MAY FILE APETITION FOR JUDICIAL RELIEF FROM THE
RULING OF THE ARBITRAL TRIBUNAL ON A PRELIMINARY
QUESTION UPHOLDING OR DECLINING ITS JURISDICTION?
Any party to arbitration may petition the appropriate court for
judicial relief from the ruling of the arbitral tribunal on a preliminary
question upholding or declining its jurisdiction. Should the ruling8
of the arbitral tribunal declining its jurisdiction be reversed by the
court, the parties shall be free to replace the arbitrators or any one
of them in accordance with the rules that were applicable for the
appointment of arbitrator sought to be replaced.
3.01 WHAT IS THE PERIOD FOR FILING THE PETITION?

The petition may be filed within 30 days after having received
notice of that ruling by the arbitral tribunal.
3.02 WHERE MAY THE PETITION BE FILED?

The petition may be filed before the Regional Trial Court of the
place where arbitration is taking place, or where any of the petitioners
or respondents has his principal place of business or residence.
3.03 ON WHAT GROUNDS MAY THE PETITION BE GRANTED?

The petition may be granted when the court finds that the
arbitration agreement is invalid, inexistent or unenforceable as a
RESOLUTION
DISPUTE
ALTERNATIVE
THE LAW
40 AND THE
ARBITRATION
has no
resolve
jurisdiction to resolye the
t
arbitral tribunal
result of which the
dispute.
CONTENTS OF THE PETITION
REQUIRED
3.04 WHAT ARE THE
state the following:
The petition shall
The facts showing that the
person named as peti.
a. to s u e or be sued:
tioner or respondent has legal capacity
substance of the dispute between
b. The nature and
the parties;
circumstances relied upon h.
C. The grounds and the y
the petitioner; and
d. The relief/s sought.

the petitioner shall attach t
In addition to the submissions,
the petition a copy of the request
for arbitration and the ruling of the
arbitral tribunal.
The arbitrators shall be impleaded as nominal parties to the
case and shall be notified of the progress of the case.
3.05 MAY THE COURT ISSUE INJUNCTION OVER ARBITRATION

PROCEEDINGS?
No. The court shall not enjoin the arbitration proceedings

during the pendency of the petition.
Judicial recourse to the court shall not prevent the arbitral
tribunal from continuing the proceedings and rendering its award.
3.06 WHEN IS THE DISMISSAL OF THE PETITION APPROPRIATE?

The court shall dismiss the petition if it fails to comply with
Rule 3.16; or if upon consideration of the grounds alleged and the
legal briefs submitted by the parties, the petition does not appear to
be prima facie meritorious.
3.07 WHAT IS THE REMEDY OF THE

AGGRIEVED PARTY ON THE
ORDER OF THE COURT?
Theaggrieved party may file a motion for reconsideration ot
the order of the court. The
decision of the court shall, however,
be subject to
appeal. The no
ruling
tribunal's jurisdiction shall not be
of the court
affirming the arbitral
The ruling of the court subject to a
petition for certiorart
that the arbitral tribunal
may be the subject of a has no jurisdiction
petition for certiorari.
41
PARTI
D. REFERRAL TO ADR
4.00 WHO MAY MAKE A REQUEST TO REFER THE PARTIES TO

ARBITRATION?
A party to a pending action filed in violation of the arbitration
whether contained in arbitration clause or in a
agreement, an
submission agreement, may request the court to refer the parties to
arbitration in accordance with such agreement.
4.01 WHEN SHOULD THE REQUEST BE MADE?
(A) Where the arbitration agreement exists before the action 13

filed.-The request for referral shall be made not later than the pre-
trial conference. After the pre-trial conference, the court will only act
of all
upon the request for referral if it is made with the agreement
parties to the case.
(B) Submission agreement. - If there is no existing arbitra
tion agreement at the time the case is filed but the parties subse
the
quently enter into an arbitration agreement, they may request
court to refer their dispute to arbitration at any time during the pro-
ceedings.
ARBITRATION
4.02 IS THE ORDER REFERRING THE DISPUTE TO
APPEAL
SUBJECT TO A MOTION FOR RECONSIDERATION,
OR PETITION FOR CERTIORARN
arbitration shall be imme
No, an order referring the dispute to
to a motion for reconsidera-
diately executory and shall not be subject
tion, appeal or petition for certiorari.
AN ORDER DENYING
4.03 WHAT IS THE PROPER REMEDY TO
DISPUTE TO ARBITRATION?
THE REQUEST TO REFER THE
the dispute to arbitration
An order denying the request to refer
be the subject of a motion
shall not be subject to an appeal, but may
for certiorari.
for reconsideration and/or a petition
PROTECTION
E. INTERIM MEASURES OF
INTERIM MEASURES OF PROTECTION?

5.00 WHO MAY ASK FOR
arbitration agreement may petition the court for
A party to an
interim measures of protection.

5.01 WHEN IS THE FILING OF THE PETITION FOR INTED.

MEASURES OF PROTECTION? IM
A petition for an interim measure of protection may be mada.
e.
a. before arbitration is commenced;
b. after arbitration is commenced, but before the co

titution of the arbitral tribunal; or ons-
C. after the constitution of the arbitral tribunal and a
any during arbitral proceedings but, at this stage, only tat
time
the extent that the arbitral tribunal has no
power to act or is
unable to act effectively.
5.02 WHERE IS THE FILING OF THE

PETITION?
A petition for an interim
measure of protection
with the Regional Trial may be filed
Court, which has jurisdiction over
following places: any of the
a. Where the principal place of business of any of

parties to arbitration is located; the
b. Where any of the parties who are
individuals resides;
Where any of the acts
C.
sought to be enjoined are being
performed, threatened to be performed
or
or not
being performed,
d.
Where the real
portion thereof is situated. property subject of arbitration, or a
5.03 WHAT ARE
THE GROUNDS THAT THE COURT
IN GRANTING MAY CONSIDER
THE RELIEF?
The
following grounds, while not
interim measure of limiting the reasons for the
court to
grant an
of the reasons
that the court shall protection, indicate the nature
consider in granting the reliet:
a. The need to
prevent irreparable loss or injury;
b.
The need to
any obligation; provide security for the
performance o
C. The need to
produce or preserve evidence, or
d. The need to
omission. compel any other
appropriate acor
PARTI 4:3
5.04 WHAT ARE THE INTERIM MEASURES OF PROTECTION THAT

A COURT MAY GRANT?
The following, among others, are the interim measures of pro-
tection that a court may grant:
a. Preliminary injunction directed against a party to
arbitration;
b. Preliminary attachment against property or garnish-
ment of funds in the custody of a bank or a third person;
C. Appointment ofa receiver;
d. Detention, preservation, delivery or inspection of
property; or
e. Assistance in the enforcement of an interim measure

of protection granted by the arbitral tribunal, which the latter
cannot enforce effectively.
5.05 WHAT SHOULD THE RESPONDENT D0IF HE WANTS TO LIFT

THE TEMPORARY ORDER OF PROTECTION?
The respondent has the option of having the temporary order
of protection lifted by posting an appropriate counter-bond as deter
mined by the court.
5.06 IS THE ORDER OF THE COURT GIVING RESPONDENT AN

OPPORTUNITY TO BE HEARD IMMEDIATELY EXECUTORY?
Yes, if respondent was given anopportunity to be heard on a

an interim measure
petition for of protection, any order by the court
shall be immediately executory, but may be the subject of a motion
for reconsideration and/or appeal or, if warranted, a petition for
certiorari.
F. APPOINTMENT OF ARBITRATORS
6.00 WHo MAY REQUEST TO ACT AS APPOINTING AUTHORITY?
Any party to an arbitration may request the court to act as an
appointing authority in the instances specified in Rule 6.1 above.

6.01 WHERE IS THE FILING OF THE PETITION FORAPPOINTMENT
OF ARBITRATOR?
The petition for appointment of arbitrator may be filed, at the
option of the petitioner, in the Regional Trial Court (a) where the
principal place of business of any of the parties is located, (b) if any of
the parties are individuals, where those individuals reside, on

or C in
the National Capital Region.
6.02 IS THE ORDER APOINTING AN ARBITRATORIMMEDIAT
EXECUTORY? TELY
Yes, if the court appoints an arbitrator, the order appojnti.
an arbitrator shall be immediately executory and shallhall not
not be
be
ointing
subject of a motion for reconsideration, appeal or certiorari tha
6.03 WHAT ABOUT THE ORDER DENYING THE PETITION EOR
APPOINTMENT?
An order of the court denying the petition for appointment of an
arbitrator may, however, be the subject of a motion for
tion, appeal or certiorari
reconsidera.
G. CHALLENGE TO APPOINTMENT OF ARBITRATOR

7.00 WHO MAY CHALLENGE THE APPOINTMENT OF AN
ARBI
TRATOR?
Any of the parties to an arbitration may challenge an arbitrator.
7.01 WHERE IS THE FILING OF CHALLENGE TO AN

ARBITRATOR?
The challenge shall be filed with the Regional Trial Court (a)
where the principal place of business of any of the parties is located,
(6) if any of the parties are individuals, where those individuals
reside, or (c) in the National Capital Region.
7.02 WHAT ARE THE GROUNDS TO CHALLENGE AN ARBITRATOR?
An arbitrator may be challenged on any of the grounds for
challenge provided for in R.A. No. 9285 and its implementing rules,
R.A. No. 876 or the Model Law.
The nationality or professional qualification of an arbitrator i8
not a ground to challenge an arbitrator unless the
parties have spec
fied in their arbitration agreement a nationality and/or
professional
qualification for appointment as arbitrator.
7.03 IS AN ORDER OF THE COURT RESOLVING THE PETITION

IMMEDIATELY EXECUTORY?
Yes, any order of the court resolving the petition shall De
immediately executory, and shall not be the subject of a motion tor
reconsideration, appeal, or certiorari.
PARTI 45
H. TERMINATION OF THE MANDATE OF ARBITRATOR
8.00 WHO MAY REQUEST FOR THE TERMINATION OF THE MAN-

DATE OF AN ARBITRATOR AND ON WHAT GROUNDS?
Any of the parties to an arbitration may request for the termi-
nation of the mandate of an arbitrator where an arbitrator becomes
de jure or de facto unable to perform his function or for other reasons
fails to act without undue delay and that arbitrator, upon request of
any party, fails or refuses to withdraw from his office.
8.01 WHERE IS THE FILING OF THE PETITION TO TERMINATE

THE MANDATE OF AN ARBITRATOR?
A petition to terminate the mandate of an arbitrator may, at
that be filed with the Regional Trial Court (a)
petitioner's option,
where the principal place of business of any of the parties is located,
(b) where any of the parties who are individuals resides, or (c) in the
National Capital Region.
8.02 IS THE ORDER OF THE COURT RESOLVING THE PETITION

IMMEDIATELY EXECUTORY?
Yes, any order of the court resolving the petition shall be imme-
diately executory and shall not be subject of a motion for reconsidera-
tion, appeal or petition for certiorari.
.ASSISTANCE IN TAKING EVIDENCE

9.00 WHO MAY REQUEST THE CoURT FOR ASSISTANCE IN
TAKING EVIDENCE?
Any party to an arbitration, whether domestic or foreign, may
request the court to provide assistance in taking evidence.
9.01 WHEN MAY ASSISTANCE BE SOUGHT?

Assistance may be sought at any time during the course of the
arbitral proceedings when the need arises.
9.02 WHERE IS THE FILING OF THE PETITION?

A petition for assistance in taking evidence may, at the option
of the petitioner, be filed with Regional Trial Court where:
(a) arbitration proceedings are taking place,

b) the witnesses reside or may be found, or
(c)where
(c) the evidence may be found.
9.03 WHAT IS THE GROUND FOR GRANTING THE REQUESY

ASSISTANCE IN TAKING EVIDENCE? UEST FOR
The court may grant or execute the request for
assistana.
taking evidence within its competence and according to the nal ance
evidence. rules o
9.04 FOR WHAT ACTS MAY A PARTY REQUIRING
ASSISTANC
THE TAKING OF EVIDENCE PETITION THE
COURT? EN
A party requiring assistance in the taking of
evidence m.
petition the court to direct any person, includ1ng a may
a
representative
corporation, association, partnership or other entity (other than
party to the ADR proceedings or its officers)
found in the Philippine
for any of the following:
a) To comply with a subpoena ad testificandum and/or sub.
poena duces tecum;
b) To appear as a witness before officer for the taking of
an
his deposition upon oral examination or by written inter
rogatories
c)
c)To allow the physical examination
of the condition of
sons, or the inspection of things or premises and, when
per
appropriate, to allow the recording and/or documentationof
condition of persons, things or premises (i.e., photographs,
video, and other means of recording/documentation);
d) To allow the examination and
copying of documents; and
e) To perform any similar acts.
9.05 WHAT IS THE AVAILABLE RELIEF

TO A PARTY WHEN THE
COURT DECLINES TO GRANT ASSISTANCE IN TAKING
EVIDENCE?
The order granting assistance in taking evidence shall be im
mediately executory and not subject to reconsideration or
appea
Ifthe court declines to grant assistance in taking evidence, he
petitioner may file a motion for reconsideration or appeal.
PARTI 47
J. CONFIDENTIALITYIPROTECTIVE ORDERS
10.00 WHO MAY REQUEST CONFIDENTIALITY?

A party, counsel or witness who disclosed or who was
compelled
to disclose information relative to the subject of ADR under
circumstances that would create a reasonable expectation, on behalf
of the source, that the information shall be kept confidential has
the right to prevent such information from being further disclosed
without the express written consent of the source or the party who
made the disclosure.
10.01 WHEN IS THE PROPER TIME TO MAKE A REQUEST FOR A

PROTECTIVE ORDER?
A party may request a protective order at anytime there is a
need to enforce the confidentiality of the information obtained, or t
be obtained, in ADR proceedings.
10.02 WHAT ARE THE GROUNDS FOR GRANTING A PROTECTIVE

ORDER?
A protective order may be granted only if it is shown that
the applicant would be materially prejudiced by an unauthorized
disclosure of the information obtained, or to be obtained, during an
ADR proceeding.
K. cONFIRMATION, CORRECTION OR VACATION

OF AWARD IN DOMESTIC ARBITRATION
11.00 WHo MAY REQUEST CONFIRMATION, CORRECTION OR

VACATION OF AN AWARD IN DOMESTIC ARBITRATION?
Any party to a domestic arbitration may petition the court to
confirm, correct or vacate a domestic arbitral award.
11.01 WHAT ARE THE PERIODS TO REQUEST cONFIRMATION,
CORRECTION/MODIFICATION AND VACATION?
The following are the periods:

(A) Confirmation. - At any time after the lapse of 30 days
from receipt by the petitioner of the arbitral award, he may petition
the court to confirm that award.
Correction/Modification.- Not later than 30 days from
(B)
receipt of the arbitral award, a party may petition the court to correct/
modify that award.
RESOLUTION
48 ARBITRATION LAW
AND THE
(C) Vacation.- Not later than 30 days from receipt of the

vacate that awara
arbitral award, a party may petition the court to rd.
(D) A petition to vacate the arbitral award may be filed.
to petition to confirm the arbitral award,
not later th
opposition
30
a
days from receipt of the award by the petitioner. A petitionnall
+.
vacate the arbitral award filed beyond the reglementary period sho
be dismissed.
award may be filed.
(E) petition to confirm the arbitral
A in
the arbitral award, at any time afta
opposition to a petition to vacate
the petition to vacate such arbitral award is filed. The dismissal of th
to vacate the arbitral award for having been filed beyond th
petition
reglementary period shall not result in the dismissal of the petition
for the confirmation of such arbitral award.

FThe filing of a petition to confirm an arbitral award shall1
not authorize the filing of a belated petition to vacate or set aside
such award in opposition thereto.
(G) A petition to correct an arbitral award may be included
as part ofa petition to confirm the arbitral award or as a petition to
confirm that award.
11.02 WHAT ARE THE GROUNDS FOR FILING THE PETITION?

(A) To uacate an arbitral award.- The arbitral award may
be vacated on the following grounds:
a. The arbitral award was procured through corruption,
fraud or other undue means;
b. There was evident partiality or corruption in the
arbitral tribunal or any of its members;
C. The arbitral tribunal was guilty of misconduct or any
form of has materially prejudiced the
misbehavior that rights ot
any party such as refusing to postpone a hearing upon sufficient
cause shown or to hear evidence pertinent and material to the
controversy;
d. One or more of the arbitrators was disqualified to act
as such under the law and willfully refrained from disclosing
such disqualification; or
The arbitral tribunal exceeded its powers, or so
e.
imperfectly executed them, such that a complete, final and
definite award upon the subject matter submitted to them was
not made.
PARTI 49
Chapter Two-Special Rules of Court on Alternative
Dispute Resolution
The award may also be vacated on any or all of the following
grounds:
a. The
arbitration agreement did not exist, or is invalid
for any ground for the revocation of a contract or is otherwise
unenforceable; or
b. Aparty to arbitration is a minor ora

declared to be incompetent. personjudicially
The petition to vacate an arbitral award on the ground that
the party to arbitration 1s a minor or a person judicially declared to
be incompetent shall be filed
only on behalf of the minor or incom
petent, and shall allege that: (a) the other party to arbitration had
knowingly entered into a submission or agreement with such minor
or incompetent, or (6) the submission to arbitration was made by a
guardian or guardian ad litem who was not authorized to do so by a
competent court.
In deciding the petition to vacate the arbitral award, the court

shall disregard any other ground than those enumerated above.
B) To correct/modify an arbitral award. - The Court may
correct/modify or order the arbitral tribunal to correct/modify the
arbitral award in the following cases:
a. Where there was an evident miscalculation of figures
or an evident mistake in the description of any person, thing or
property referred to in the award
b. Where the arbitrators have awarded upon a matter
not submitted to them, not affecting the merits of the decision
upon the matter submitted;
C. Where the arbitrators have omitted to resolve an
issue submitted to them for resolution; or
d. Where 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 Court.
L.RECOGNITION AND ENFORCEMENT OR SETTING

ASIDE OF AN INTERNATIONAL COMMERCIAL
ARBITRATION AWARRD
12.00 WHO MAY REQUEST RECOGNITION AND ENFORCEMENT

OR SETTING ASIDE OF AN INTERNATIONAL COMMERCIAL
ARBITRATION AWARD?
RESOLUTION
50 LAW
AND THE ARBITRATION
to international commercial arbitration n iîn the

Any party an
and enf
Phihppines may petition
set aside an arbitral award.
the proper court to recognize
niorce o
PETITION TO RECOM
12.01 WHEN IS THE FILING OF THE
AN INTERNATIONAl
AND ENFORCE OR SET ASIDE COM
MERCIALARBITRATION AWARD?
(A) Petition to recognize and enforce. petition fon

The
forcement and recognition of an arbitral award may be filed an
from receipt of the award. If, however, a timely petition to set ytime
aside
an arbitral award is filed, the opposing party must file therein and
d in
opposition thereto the petition for recognition and enforcement of
e
same award within the period for filing an opposition.
(B) Petition to set aside.- The petition to set aside
arbitral
award may only be filed within three months from the time
the
petitioner receives a copy thereof. If a timely request is made with the
arbitral tribunal for correction, interpretation or additional awari.
the three-month period shall be counted from the time the petitionee
receives the resolution by the arbitral tribunal of that request.
A petition to set aside can no longer be filed after the lapse of
the three-month period. The dismissal of a petition to set aside an
arbitral award for being time-barred shall not automatically result
in the approval of the petition filed therein and in opposition thereto
for recognition and enforcement of the same award. Failure to file a
petition to set aside shall preclude a party from raising grounds to
resist enforcement of the award.
12.02 WHERE IS THE FILING OF THE PETITION TO RECOGNIZE

AND ENFORCE OR SET ASIDE AN ARBITRAL AWARD?
A petition to recognize and enforce or set aside an arbitral
awardmay, at the option of the petitioner, be filed with the Regional
Trial Court: (a) where arbitration
proceedings were conducted;
where any of the assets to be attached or levied
upon is located;
where the act to be enjoined will be or is
being performed; (d) Wne
any of the parties to arbitration resides or has its
or (e) in the National
place of bus1ness
Capital Judicial Region.
12.03 WHAT IS THE RECOURSE AGAINST
AN ARBITRAL AWAR
Recourse to a court against an arbitral award shall be ma 2ade
only through a petition to set aside the arbitral award and on u n d s
prescribed by the law that governs international commercial grobitra

arb
PARTI 51
Chapter Two-Special Rules of Court
on Alternative Dispute Resolution
tion. Any other recourse from the arbitral
or petition for review or
award, such as by appeal
petition for certiorari or otherwise, shall be
dismissed by the court.
12.04 WHAT IS THE PRESUMPTION WITH RESPECT TO AN ARBI

TRAL AWARD?
It is presumed that an arbitral award
was made and released
in due course and is subject to enforcement by the court, unless the
adverse party is able to establish a ground for setting aside or not
enforcing an arbitral award.
M. RECOGNITION AND ENFORCEMENT OF A FOREIGN

ARBITRAL AWARD
13.00 WHO MAY REQUEST RECOGNITION AND ENFORCEMENT
OF A FOREIGN ARBITRAL AWARD?
Any party to a foreign arbitration may petition the court to
recognize and enforce a foreigm arbitral award.
13.01 WHEN IS THE FILING OF THE PETITION TO RECOGNIZE

AND ENFORCE A FOREIGN ARBITRAL AWARD?
At any time after receipt of a foreign arbitral award, any party to
arbitration may petition the proper Regional Trial Court to recognize
and enforce such award.
13.02 WHERE IS THE FILING OF THE PETITION TO RECOGNIZE

AND ENFORCE A FOREIGN ARBITRAL AWARD?
The petition to recognize and enforce a foreign arbitral
shall be filed, at the option of the petitioner, with the Regional Trial
Court: (a) where the assets to be attached or levied upon is located,
(b) where the act to be enjoined is being performed, (c) in the principal
if of
place of business in the Philippines of any of the parties, (d) any
the parties is an individual, where any of those individuals resides,
or (e) in the National Capital Judicial Region.
N. PROVISIONS SPECIFIC TO MEDIATION

MEDIATION?
14.00 WHAT RULES SHALL BE APPLIED IN
applicable and appropriate, the pertinent rules on
Whenever
before the court relative
arbitration shall be applied in proceedings
mediation.
to a dispute subject to
O. REFERRAL TO CIAC
15.00 MAY THE COURT DISMISS A CONSTRUCTION
BEFORE IT? DISPUTE
A Regional Trial Court before which a construction
filed shall, upon becoming aware that the parties have dispute io
an arbitration
entered into
agreement, motu proprio or upon motion made not
later than the pre-trial, dismiss the case and refer the
arbitration to be conducted by the Construction
parties to
tion Commission (CIAC), unless all parties to
Industry Arbitra.
arbitration,
by their respective counsel, submit to the court a written assisted
making the court, rather than the CIAC, the body that wouldagreement
sively resolve the dispute. exclu.
P.PROVISIONS SPECIFIC TO OTHER FORMS OF

ADR
16.00 IS THIS RULE APPLICABLE TO OTHER FORMS
OF ADR?
Yes. This rule governs the procedure for matters
the court involving the following forms of ADR: brought before
a. Early neutral evaluation;
b. Neutral evaluation;
C. Mini-trial;
d. Mediation-arbitration;
e.e. A combination thereof; or
f. Any other ADR form.
Q. MOTION FOR RECONSIDERATION, APPEAL

AND CERTIORARI
Motion for Reconsideration

17.00 WHEN IS THE FILING OF A MOTION FOR
RECONSIDERA-
TION?
A motion for reconsideration may be filed with the
Regional
Trial Court within a non-extendible period of 15 days from receipt of
the questioned ruling or order.
Appeals to theCourtofAppeals
18.00 WHEN IS THE FILING OF APPEAL?
The petition for review shall be filed within 15 days from
notice of the decision of the Regional Trial Court or the denial of the
petitioner's motion for reconsideration.
PARTI 53
18.01 HOW SHOULD AN APPEAL BE TAKEN?

Appeal shall be taken by filing a verified petition for review in
seven legible copies with the Court of Appeals, with proof of service of
a copy thereof on the adverse party and on the Regional Trial Court.
The original copy of the petition intended for the Court of Appeals
shall be marked original by the petitioner.
Upon the filing of the petition and unless otherwise prescribed
by the Court of Appeals, the petitioner shall pay to the clerk ot
of
court of the Court of Appeals docketing fees and other lawful fees
P3,500.00 and deposit the sum of P500.00 for costs.
Exemption from payment of docket and other lawful fees and
the deposit for costs may be granted by the Court of Appeals upon
a verified motion setting forth valid grounds
therefor. If the Court
of Appeals denies the motion, the petitioner shall pay the docketing
for costs within 15 days from the
and other lawful fees and deposit
notice of the denial.
Special Civil Actionfor Certiorari

ACTION FOR CERTIO
19.00 MAY A PARTY FILE A SPECIAL CIVIL
RARI?
Yes. When the Regional Trial Court, in making a ruling
without or in excess of its
under the Special ADR Rules, has acted
discretion amounting to lack or
jurisdiction, or with grave abuse of
excess of jurisdiction, and
there is no appeal or any plain, speedy,
c o u r s e of law, a party may file
and adequate remedy in the ordinary
annul or set aside a ruling of
a special civil action for certiorari to
the Regional Trial Court.
action for certiorari may be

filed against the
A special civil
following orders of the court:
is inexistent,
a. Holding that the arbitration agreement
invalid or unenforceable;
Reversing the arbitral

tribuna>'s preliminary deter
b.
mination upholding its jurisdiction;
refer the dispute to arbitration;
C. Denying the request to
a n interim relief
d. Granting o r refusing
the appointment of an arbi.
e. Denying a petition for
trator;
RESOLUTION
DISPUTE
LAW
54 THE
A L T E R N A T I V E
A R B I T R A T I O N
AND THE
a domesti.
vacating
or correcting tic arbi
f. Confirming,
tral award;
proceedings to set
aside an ins
Suspending the
commercial arbitral award
and referring the case bad terna-
s to
onal
the arbitral tribunal;
to enforce a n international co
h. Allowing a party ner.

pending appea,
Cial arbitral award
deferring ruling whether
on
a international
i. Adjourning o r set
aside, recognize and or
enforce an
commercial
comn-
arbitral award;
enforce a foreign arbitral awa.
. Allowing a party to
pending appeal; and
k. Denying a petition for

assistance i n taking evidannce.
Appeal by Certiorarito the Supreme Court

20.00 IS REVIEW BY THE SUPREME COURTA MATTER OF RIGHTO
A review by the Supreme Court 1s not a matter of right, but
of sound judicial discretion, which will be granted only for serious
and compelling reasons resulting in grave prejudice to the aggrieved
party.
The following, while neither controlling nor fully measuring
the court's discretion, indicate the serious and compelling, and
necessarily, restrictive nature of the grounds that will warrant the
exercise of the Supreme Court's discretionary powers, when the
Court of Appeals:
a. Failed to apply the applicable standard or test for
judicial review prescribed in these Special ADR Rules in ari
ving at its decision resulting in substantial prejudice to the
aggrieved party;
b. Erred in upholding final order or decision despte
a
the lack of jurisdiction of the court that rendered such ina
order or decision;
C.Failed to apply any provision,
contained in these Special ADR Rules
principle, policy or ru
resulting in substanta
prejudice to the aggrieved party; and
d. Committed an error so
egregious and harmrul
party as toamount to an undeniable excess of jurisdicuio
PARTI 55
Chapter Two- Special Rules of Court on
Alternative Dispute Resolution
The mere fact that the

petitioner disagrees with the Court ot
Appeals determination of questions of fact, of law or both questions
of fact and law, shall not warrant the exercise of the Courts
Supreme
discretionary power. The error imputed to the Court of Appeals must
be grounded upon any of the above prescribed grounds for review or
be closely analogous thereto.
A mere general allegation that the Court of Appeals has
committed serious and substantial error or that it has acted with
grave abuse of discretion resulting in substantial prejudice to the
petitioner without indicating with specificity the nature of such
error or abuse of discretion and the serious prejudice suffered by the
petitioner on account thereof, shall constitute sufficient ground for
the Supreme Court to dismiss outright the petition.
20.01 WHO MAY FILE A PETITION WITH THE SUPREME COURT?

A party desiring to appeal by certiorari from a judgment or final
order or resolution of the Court of Appeals issued pursuant to these
Special ADR Rules may file with the Supreme Court a verified petition
for review on certiorari. The petition shall raise only questions of law,
which must be distinctly set forth.
Online Dispute Resolution

21.00 IS THE SPECIAL ADR RULES APPLICABLE TO ONLINE DIS
PUTE RESOLUTION?
ADR
Yes, whenever applicable and appropriate, the Special
matters brought before the
Rules shall govern the procedure for
Resolution.
court involving Online Dispute
ONLINE DISPUTE RESOLUTION?

21.01 WHAT IS THE SCOPE OF
refer to all electronic forms of
Dispute Resolution shall
Online
internet and other web or computed
ADR including the use of the
ADR.
based technologies for facilitating
CHAPTER THREE
IMPLEMENTING RULES AND REGULATIOM
OF THE ALTERNATIVE DISPUTE
RESOLUTION ACT OF 2004
DOJ DEPARTMENT CIRCULAR NO. 98
Pursuant to Section 52 of R.A. No. 9285, otherwise

the "Alternative Dispute Resolution Act of 2004"
("ADR A
following Rules and Regulations (these "Rules') are
herebv ne , the
gated to implement the provisions of the ADR Act. eby promul
Chapter 1
GENERAL PROVISIONs
RULE 1-Policy and Application
1.00 WHAT IS THE PURPOSE OF THESE
RULES?
Article 1.1 provides that these Rules are
scribe the procedures and promulgated to pre.
ADR Act.
guidelines for the
implementation of the
1.01 WHAT IS THE DECLARED
POLICY OF THE STATE?2
It is the policy of the
State
(a) To promote party autonomy in the
resolution of dis
putes or the freedom of the parties to make their
own arrange
ments to resolve their
disputes;
(b) To encourage and
Alternative Dispute Resolutionactively promote
the use of
means to achieve
("ADR") as an important
speedy and impartial justice and declog cour
dockets;
(C)To provide means for the use
tool and an alternative
of ADR as an efficient
procedure for the resolution of app
priate cases; and
56
PARTI 57
Chapter Three- Implementing Rules and Regulations of the Alternative
Dispute Resolution Act of 2004
(d) To enlist active private sector participation in the
settlement of disputes through ADR. (Article 1.2)
1.02 WHAT ARE THE CASES WHEREIN THE ADR ACT DOES NOT
APPLY?
The provisions of the ADR Act shall not apply to the resolution
or settlement of the following:
(a) labor disputes covered by P.D. No. 442, otherwise

known as the "Labor Code of the Philippines, as a amended,"
and its Implementing Rules and Regulations;
(b) the civil status of persons
(c) the validity of marriage;
(d) any ground for legal separation;

(e) the jurisdiction of courts;
( future legitimate;
criminal liability;
(h) those disputes which by law cannot be compromised;

and
disputes referred to court-annexed mediation.
(Article 1.3)
1.03 DOES THE ELECTRONIC SIGNATURE AND E-COMMERCE
ACT APPLY TO ADR PROCEEDING?
The provisions of the Electronic Signature and E-Commerce
Act, and its implementing Rules and Regulations shall apply to
proceedings contemplated in the ADR Act. (Article 1.4)
1.04 WHAT IS THE LIABILITY OF ADR PROVIDERS/PRACTITIO

NERS?
The ADR providers/practitioners shall have the same civil
liability for acts done in the performance of their official duties as
that of public officers as provided in Section 38 (1), Chapter 9, Book
1 of the Administrative Code of 1987, upon a clear showing of bad
faith, malice or gross negligence. (Article 1.5)
RESOLUTION
DISPUTE
58 THE ALTERNATIVE
LAW
ARBITRATION
AND THE
RULE 2 - Definition of Terms

1.05 DEFINE THE FOLLOWING TERMS.
ror purposes of these Rules, the terms shall be des.
follows: deined a
A. Terms Applicable to All Chapters
1. ADR Provider
The institutions or persons accredited
mediators, conciliators, arbitrators, neutral

luators or any person exercising similar funo eva
in any alternative dispute resolution system. tuOns
is without prejudice to the rights of the "Thig
choose non-accredited individuals to act as media
parties1
conciliator, arbitrator or neutral evaluator of t
ther
dispute.
2. Alternative Dispute Resolution System
Any process or procedures used to resolve adis
pute or controversy, other than by adjudication ofa
presiding judge of a court or an oticer of a govern.
ment agency, as defined in the ADR Act, in which
neutral third person participates to assist in the res
olution of issues, including arbitration, mediation,
conciliation, early neutral evaluation, mini-trial or
any combination thereof.
3. Arbitration
A voluntary dispute resolution process in which
one or more arbitrators, appointed in accordance
with the agreement of the parties or these Rules,
resolve a dispute by rendering an award.
4. Arbitration Agreement
An agreement by the parties to submit
arbitration all or certain disputes which have
or which may arise
aris
between them in respect O
defined legal relationship, whether
not. An arbitration contractua
agreement may be in the form
an arbitration clause in
a contract or in the form ofa
separate agreement.
PARTI 59
5. Authenticate
It means to sign, execute, adopt a symbol or
encrypt a record or establish the authenticity of a
record or term.
6. Award
Any partial or final decision by an arbitrator in
resolving the issue or controversy.
7. Confidential Information
Any information, relative to the subject ofmedia-
tion or arbitration, expressly intended by the source
not to be disclosed, or obtained under circumstances
that would create reasonable expectation on behalf
of the source that the information shall not be dis-
closed. It shall include:
(a) communication, oral or written, made in a dis-
pute resolution proceeding, including any me
moranda, notes or work product of the neutral
party or non-party participant;
(b) an oral or written statement made or which

occurs during mediation or for purposes of con-
sidering, conducting, participating, initiating,
continuing or reconvening mediation or retain-
ing a mediator; and
(c) pleadings, motions, manifestations, witness

statements, reports filed or submitted in arbi-
tration or for expert evaluation.
8. Counsel
A lawyer duly admitted to the practice of law in
the Philippines and in good standing who represents
a party in any ADR process.
9. Court
The Regional Trial Court except insofar as
otherwise defined under Model Law.
10. Government Agency

Any governmental entity, office or officer,
other than a court that is vested by law with quasi-
DISPUTE RESOLI
60 THE
ALTERNATIVE
AND THE
ARBITRATI LAwLUTION
judicial power or the power to resol
the governmentr ot adiade
disputes involvingi
instrumentalities or private persons
.
agencea
11. Model Law
The Model on International Com
tration adopted by the United Natio mmercial
on International
Trade Law on 21 O omm
June 1985.
12. Proceedings
The judicial, administrative or othes
cative process, including related pre-he her
hearing motions, conferences and disco 0
very.
13. Record
The information written on a tangible.
or stored in an electronic or other similar
retrievable in a perceivable form. netiun
14. Roster
A list of persons
qualified to provide ADR
vices as neutrals or to serve as arbitrators,
15. Special ADR Rules
The Special Rules of Court on Alternative Dispute

issued by the Supreme Court on September 1, 2009.
Resolutim
A. Terms Applicable to the Chapter on Mediation
1. Ad hoe Mediation
Any mediation other than institutional orourt
annexed.
2. Institutional Mediation
Any mediation process conducted under

rules of a mediation
institution.
3. Court-Annexed Mediation
A mediation the ae
process conducted under
pices of the court and in accordance with Supren
Court w1 b
approved guidelines, after such Court
acquired jurisdiction of the dispute.

PARTI 61
Chapter Three- Implementing Rules and
Dispute Resolution ActRegulations
of 2004 of the Alternative
4. Court-Referred Mediation
Mediation ordered by a court to be conducted in
accordance with the agreement of the
an action is
parties when
prematurely commenced in violation of
such agreement.
5. Certified Mediator
A mediator certified
by the office for ADR as
having successfully completed its regular professional
training program.
6. Mediation
Avoluntary process in which a mediator, selected
by the disputing parties, facilitates communication
and negotiation, and assist the parties in reaching a
voluntary agreement regarding a dispute.
7. Mediation Party
A person who participates in a mediation and
whose consent is necessary to resolve the dispute.
8. Mediator
A person who conducts mediation.
9. Non-Party Participant
A person, other than a party or
mediator, who
participates in a mediation proceeding as a witness,
resource person or expert.
B. Terms Applicable to the Chapter on International

Commercial Arbitration
1. Appointing Authority
As used in the Model Law shall mean the person
or institution named in the arbitration agreement as
arbitration
the appointing authority; or the regular
institution under whose rules the arbitration is
Where the parties have
agreed to be conducted. to institutional arbi
agreed to submit their disputehave
tration rules and unless they agreed to a diffe-
rent procedure, they shall be deemed to have agreed
such arbitration rules for the
to the procedure under
of arbitrators. In ad hoc
selection and appointment
arbitration, the default appointment of an arbitrator
DISPUTE RESOLI
THE
ALTERNATIVE
ARBITRATION LAW lON
62 AND THE
shall be made by the National Presider
Bar of the Philippines o

(IBPtof the m
grated
authorized representative.
(under the
isher d
2. Arbitral
Tribunal
Model La
A sole arbitrator
or a panel of arhi, aw
nel of arbitrators
3. Arbitration
Any arbitration ether or not adr
4.
a permanent
arbitration
Commercial Arbitration
institution
ministered
An arbitration that covers
matter
all relationships of a commercial nat
contractual or not. ionships of a
arising ton
nature include, but
commercial transactions:
are not limited
any trade
cOmmer ca
olowing
ansactdistr
the supply or exchange of goods or services;
tion agreements; construction of works.
representation or agency; factori
comm
leasing Consu.
ting; engineering; icensing;
banking; insurance; JOint venture and othem.
investment, financne
industrial or business cooperation; carria forms
of
or passengers by ar, sea rail or road. goms
5. Convention Award
A foreign arbitral award in a
Convention State
6. Convention State
A state that is a member of the New York Cn
vention.
7. Court
Under the Model Law, it means a
of the body or organ
judicial system of the Philippines (i.e., te
Regional Trial Court, Court of
Court). Appeals, and Supren
8.
International Arbitration
An Arbitration where
(a) the parties to ement
arbitration agreeothat
an
have, at the time of the conclusion
agreement, their places of business
different states; or
PARTI 63
Chapter Three- Implementing Rules and Regulations of the Alternatve
(b) one of the following places is situated out-
side the Philippines in which the parties
have their places of business:
)the place of arbitration if determined
in, or pursuant to, the arbitration
agreement;
11) any place where a substantial part
of the obligations of the commercial
relationship is to be performed or the
place with the subject matter of the
dispute is most closely connected; or
(c) the parties have expressly agreed that the
Subject matter of the arbitration agree
ment relates to more than one country.
For this purpose:
(a) if a party has more than one place of busi-
ness, the place of business is that which
has the closest relationship to the arbitra-
tion agreement;
6) if a party does not have a place of business,
reference is to be made to his/her habitual
residence.
9. New York Convention

The United Nations Convention of the Recog
nition and Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the Philippine
Senate under Senate Resolution No. 71.
10. Non-Convention Award

A foreign arbitral ward made in a state, which
is not a Convention State.
11. Non-Convention State

A state that is not a member of the New York
Convention.
C.
C. Terms Applicable to the Chapter on Domestic Arbi-
tration
1. Ad hoc Arbitration
An arbitration administered by an arbitrator
and/or the parties themselves. An arbitration admi-
DISPUTE
RESOLUTION
64 THE ALTERNATIVE
ARBITRATION
LAW
AND THE
institution shall be regardo

nistered by an Aas ad
is not a
erhilippines
manen
institution
arbitration if such institution in the Phil:ne
regular arbitration
Appointing Authority
in Ad Hoc Arbitr.
22.
In the absence
of an agreement, tho
tration
President of the IBP
or his/her duly
authorizeNatie
sentative. repra,
Guidelines
3. Appointing Authority
The set of rules approved or adopted
appointing authority for the making of a Requeby
Appointment, Challenge, Termination of
of tthe
Man.
date of Arbitrator/s and for taking action thena
thereon.
4. Arbitration
A voluntary dispute resolution process in wh:
one or more arbitrators, appointed in accord which
with the agreement of the parties or these Rail ordante
resolve a dispute by rendering an award. ules
5.
5. Arbitral Tribunal
A sole arbitrator or a panel, board or committe
of arbitrators.
6.
6. Claimant
A person/s with a claim against another and
who commence/s arbitration against the latter.
7. Court
Unless otherwise specified in these Rules,
Regional Trial Court.
8. Day
A calendar day.
9. Domestic Arbitration
An arbitration that is not international
defined in Article 1(3) of the Model Law.
10. Institutional Arbitration
which
An arbitration administered
by an entity,
is registered as a domestic corporation with theSecu
PARTI
65
rities and Exchange Commission (SEC) and engage

in the Phi
n, among others, arbitration of disputes
basis.
hppines on a regular and permanent
11. Request for Appointment
The letter-request to the appointing authority
of either or both parties for the appointment of arbi
trator/s or of the two arbitrators first appointed by
the parties for the appointment of the third member
of an arbitral tribunal.
12. Representative
person duly authorized in writing by a party
to a dispute, who could be a counsel, a person in his
her employ or any other person of his/her choice, duly
authorized to represent said party in the arbitration
proceedings.
13. Respondent
The person/s against whom the claimant com-
mence/s arbitration.
14. Written communication

The pleading, motion, manifestation, notice,
order, award and any other document or paper sub
mitted or filed with the arbitral tribunal or delivered
to a party.
D. Terms Applicable to the Chapter on Other ADR

Forms
1. Early Neutral Evaluation
An ADR process wherein parties and their
lawyers are brought together early in the pre-trial
phase to present summaries of their cases and to
receive a non-binding assessment by an experienced
neutral person, with expertise in the subject matter
or substance of the dispute.
2. Mediation-Arbitration or Med-Arb
A two-step dispute resolution process involving
mediation and then followed by arbitration.
RESOLUTION
DISPUTE
ALTERNATIVE
LAW
66 THE ARBITRATION
AND THE
3. Mini-trial
dispute resolution
A structured
the merits of a
case are nethod
argued before
which
with apa
a
of senior
decision-makers,
pan
comprising
the of a neutral third person, ho
withou
(Articlewhi1.ch6
presence
negotiated settlement
theparties seek
a
Chapter 2
THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
RULE 1-Office for Alternative Dispute Resolution (QAnp
DR
1.00 WHAT IS THE OFFICE FOR ALTERNATIVE DISPUTE R
LUTION? RESO
The OADR is an agency attached to the Department of .uos
It shall have a Secretariat and shall be headed by an ustios
Execu
Execut
Director, who shall be appointed by the President of the Philippine
taking into consideration the recommendation of the Secretaru
Justice. (Article 2.1) of
1.01 ENUMERATE THE POWERS OF THE OADR.

The OADR shall have the
following powers:
(a) To act as appointing authority of mediators
trators when the parties and arbi
agree in writing that it shall be
wered to do so; empo.
(b) To conduct seminars,

other public fora and symposia, conferences and
publish proceedings of said activities and
relevant materials/information
that would promote,
and expand the use of
ADR; develop
(c) To establish
ADR library or resource center
an
where ADR laws, rules
and regulation,
articles and other jurisprudence, books,
and elsewhere may information about ADR in the Philippines
be stored and
(d) To establish
accessed;
practitioners, both in thetraining
public
programs for ADR provnders
and
dertake periodic and private sectors; and to
tion and mediation continuing training
so in and charge fees on programs forIt arD
conjunction with in and foreign
ADR organizations, andor local participants. may
cooperation withgovernment ourate
the IBP, priva
and agencies and
international organizations;
67
PARTI
(e) To certify those who have successfully completed the

regular professional training programs provided by the 0ADR;
() To charge for services rendered such as, among others,
for training and certifications of ADR providers;
(gTo accept donations, grants and other assistance
from local and foreign sources; and
(h) To exercise such other powers as may be necessary
and proper to carry into effect the provisions of the ADR Act.
(Article 2.2)
1.02 WHAT ARE THE FUNCTIONS OF OADR?
The OADR shall have the following functions:
(a) To promote, develop and expand the use of ADR in
the private and public sectors through information, education
and communication;
b) To monitor, study and evaluate the use of ADR by

the private and public sectors for purposes of, among others,
policy formulation;
(c)To recommend to Congress needful statutory
changes to develop, strengthen and improve ADR practices in
accordance with international professional standards;
d) To make studies on and provide linkages for the

development, implementation, monitoring and evaluation of
government and private ADR programs and secure information
about their respective administrative rules/procedures, pro-
blems encountered and how they were resolved;
(e)To compile and publish a list or roster of ADR provi-
ders/practitioners, who have undergone training by the OADR,
or by such training providers/institutions recognized or certified
by the OADR as performing functions in any ADR system. The
list or roster shall include the addresses,
contactnumbers, e-mail
addresses, ADR service/s rendered (e.g., arbitration, mediation)
and experience in ADR of the ADR providers/practitioners;
T o compile a list or roster of foreign or international
ADR providers/practitioners. The list or roster shall include
the
addresses, contact numbers, e-mail addresses, ADR service/s
rendered (e.g., arbitration, mediation) and
of the ADR
experience in ADR
providers/practitioners; and
THE ALTERNATIVBE DISPUTE RESOrY
68 AND THE TRATION LAW DLUTION
g)Toperform such otherfunctions as
as may be
(Article 2.3)
RULE 2-The Advisory Council a8skgned
2.00 WHAT IS THE COMPOSITION OF THE ADVIsON
An Advisory Council is composed of a

of the following:
a) Mediation profession;
CoUNE
representa ie irom
from
b) Arbitration profession;
(c) ADR organizations;
(d) IBP; and
(e) Academe.
The members of the Council, who shall be appoin
apDo
Secretary of Justice upon the recommendation of the QA
cutive Director, shall choose a Chairman from
among t
(Article 2.5)
evea
2.01 WHAT IS THE ROLE OF THE ADVISORY
COUNCIL2
The Council shall advise the Executive
Director on policv
tional and other relevant matters. The Council .
at least once
all meet
shall meet regulaty
regula
every two months, or upon call by the
(Article 2.6) Executive Direr
Chapter 3
MEDIATION
RULE 1 General Provisions
APPLICATION OF THE IMPLEMEM
TING RULES?
These Rules apply to voluntary mediation, whether ad hae a
institutional, other than court-annexed mediation and only in deiu
of an agreement of the
parties on the applicable rules
These Rules shall also befare
apply to allpending agred
cases
administrative or quasi-judicial
agency that are subsequenuy *
upon by the parties to be referred to
mediation. (Article
3.1)
PARTI 69
of 2004
of the Alternative
1.01 WHAT IS THE STATE POLICY ON
MEDIATION?
In applying and
construing the
consideration must be given to the need toprovisions
of
these Rules,
and mediators through confidentiality of thepromote candor of parties
mediationresolution
policy of fostering prompt, economical and amicable process, the
of
disputes in accordance with principles of integrity of determination
by the parties and the policy that the
the mediation process rests with
decision-making authority in
the parties.
A party may petition a court before which an action is
turely brought in a matter which is the subject of a mediationprema-
ment, if at least one party so requests, not later than the agree-
conference or upon the request of both parties pre-trial
thereafter, refer the
to
parties to mediation in accordance with the agreement of the parties.
(Article 3.2)
RULE 2-Selection of a Mediator
2.00 DO PARTIES HAVE THE RIGHT TO SELECT A
MEDIATOR?
Yes, the parties have the freedom to select mediator. The
may request the OADR to provide them with a list or roster or the
parties
résumés of its certified mediators. The OADR
may be requested to
inform the mediator of his/her selection. (Article
3.3)
2.01 WHEN MAY A MEDIATOR BE REPLACED?
If the mediator selected is unable to act as such for
any reason,
the parties may, upon being informed of such
fact, select another
mediator. (Article 3.4)
2.02 WHAT ARE THE GROUNDS WHEREIN A MEDIATOR

MAY
REFUSE OR WITHDRAW AS SUCH?
A mediator may refuse from
acting as such, withdraw or may
be compelled to withdraw from mediator proceedings under the
following circumstances:
(a) If any of the parties so requests the mediator to with-
draw;
(b) The mediator does not have the qualifications, train-
ing and experience to enable him/her to meet the reasonable
expectations of the parties;
(c) Where the mediator's impartially is in question;
DISPUTE RESOLITt
70 THE
ALTERNATIVE
ARBITRATION LAW O N
AND THE
(d) If continuation
of the process ould violate an
would v.
cal standards:
the rties would be
(e) Ifthe safety of any of
Ifthe mediator is
unable to provide e f jeopar
( ifective eri
of interest; and
(g) In c a s e of conflict
(h) f tho
In any of the following instances, if the mediat
satisfied that:
one or more
of the parties is/aro
) not
good faith:
i) the parties agreement would be ill.

volve the commission of a crime: legal
i) continuing the dispute resolution
rise to an appearance of impropriety:
wOuld
iv) continuing with the process would cause
cant harm to a
non-participating personsigmi,
the public; or
(v) continuing discuss1on would not be in tho L.

e best
interest of the parties, their minor
ren oa
the dispute resolution process. (Article
3.5)
RULE 3-Ethical Conduct of a Mediator

3.00 EXPLAIN THE FOLLOWING TERMS AS ETHICAL
CONDUCT
OF A MEDIATOR.
A. Competence
It is not required that a mediator shall have specil
qualifications by background or profession unless the
special qualifications of a mediator shall:
(a) maintain and continually upgrade his/her proie
SS1onal competence in mediation skills;
(b) ensure that his/her qualifications, training
rience are known to and
anu e and
the
accepted by parties, a
(c) serve only when his/her qualifications, tran
and
bleer
experience enable him/her to meet the reason
pectations of the parties and shall not hold himst
Chapter Three- PARTI 71
Implementing Rules and Regulations of the Alternatve
herself out
not have.
or give the impression that he/she does
Upon the request of a mediation

vidual who is party, an
indi
requested to serve as
disclose his/her mediator shall
(Article 3.6) qualifications to mediate a dispute.
B. Impartiality
A mediator shall maintain
impartiality:
(a) Before accepting a mediation,
an individual who is
requested to serve mediator shal:
as a
) make an inquiry that is reasonable under the

circumstances to determine whether there are
known facts that a reasonable individual would
consider likely to affect the impartiality of the
mediator, including a financial or personal
interest in the outcome of the mediation and
any existing or past relationship with a party
of foreseeable
participant in the mediation; and
(l) disclose to the mediation parties any such fact
known or learned as soon as practical before
accepting a mediation.
b If a mediator learns any fact described in
paragraph
(a) (i) of this Article after accepting a mediation, the
mediator shall disclose it as soon as practicable to
the mediation parties. (Article 3.7)
C. Confidentiality
A mediator shall keep in utmost confidence all con-
fidential information obtained in the course of the media-
tion process.
A mediator shall discuss issues of confidentiality
and the extent of confidentiality provided in any private
sessions or caucuses that the mediator holds with a party.
(Article 3.8)
D. Consent and Self-Determination
(a) A mediator shall make reasonable efforts to ensure

that each party understands the nature and cha-
racter of the mediation proceeding including private
RESOLUTIOON
D I S P U T E
LAW
A L T E R N A T IA
VERBITRATION
72 THE
AND
THE
available
option
the he
caucuses,
natives to
the
issues,
non-settlement,
whatever
and that
choices
each
ces he/sh arty deaiialtwir

gen
generally t
make mediation
to
and able in
participation
options.
regarding settlement
specific
regarding party,
believes that a
understand,.
mediator to
Ifa counsel, is unable
represented by mediation
oceedings
proceedinpe
the
participate,
fully either:
mediator may
reason, a
mediation proceed:
of the
i) limit the scope th
with the party's ab
consistent
that th
that the pan
manner
a recommend
and/or
participate, assistance in ordo
obtain appropriate
or
process;
tinue with the
terminate the mediation proceedings,

(ii)
shall recognize
and put in mind tha
(6) A mediator
primary responsibility of resolving

a
ispute and.
dispute and
voluntary and uncoerced settla
shaping of a
ement
rests with the parties. (Article 3.9)
E. Separation of Mediation from Counselling and Lea
Advice
(a) Except in evaluative mediation or when the parti
es
sO request, a mediator shall:
() refrain from giving legal or technical advice ani
otherwise engaging in counseling or advocacr
and
(ii) abstain from expressing his/her personal opi

nion on the rights and duties of the parties and
the merits of any proposal made.
(b) Where appropriate and where either or both parties
are not represented by counsel, a mediator shal
(1) recommend that the parties seek outside pre
fessional advice to help them make
informet
decision and to understand the implication d
any proposal; and
(i) suggest that the parties seek independent
and/or technical advice leg nent
before a settleme
agreement is signed.
73
PARTI
Chapter Three- Implementing Rules and Regulations of

the Alternative
for a reason
(c)without the consent of all parties, and
able time under the particular circumstance, a me
shal
diator who also practices another profession
not establish a professional relationship in
that other
or
profession with one of the parties, or any person
related ma
entity, in a substantially and factually
tter. (Article 3.10)
F. Charging of Fees
With respect to charging of fees:
disclose and explain to the
(a) A mediator shall fully
parties the basis of cost, fees and charges.
The mediator who withdraws from the mediation
(b) shall return to the parties any unearned fee and un-
used deposit.
(c) A mediator shall not enter into a fee agreement,

which is contingent upon the results of the mediation
or the amount of the settlement. (Article 3.11)
G. Promotion of Respect and Control of Abuse of Process
The mediator shall encourage mutual respect
between the parties, and shall take reasonable steps, sub-
ject to the principle of self-determination, to limit abuses
of the mediation process. (Article 3.12)
H. Solicitation or Acceptance of any Gift

No mediator or any member of a mediator's immedi-
ate family or his/her agent shall request, solicit, receive or
accept any gift or any type of compensation other than the
agreed fee and expenses in connection with any matter
coming before the mediator. (Article 3.13)
RULE 4 Role of Parties and their Counsels

4.00 MAY A PARTY DESIGNATE A LAWYER TO ASSIST MEDIA
TION?
Yes, except as otherwise provided by the ADR Act or by these
Rules, a party may designate a lawyer or any other person to provide
assistance in the mediation. A waiver of this right shall be made in
writing by the party waiving it. A waiver of participation or legal
representation may be rescinded at any time. (Article 3.14)
RESOLUTIOM
ALTERNATIVE
DISPUTE LAW
74 THE ARBITRATION
AND THE
EL IN
OF A COUNSEL
4.01 ENUMERATE
PROCEEDING.
THE ROLES
The roles of a counsel are as

follows:
EDAT
role in th
(a) The lawyer shall
view his/her
the media
as a collaborator with
the other lawyer in workin. ing
their clients
goal of helping
toward the c o m m o nmutual
differences to their
advantage. dve the
(b) The lawyer shall encourage and hisassist
to actively participate in positive discusSions and co s/her
Crafting an agreement to resolve their dispute. cooperate
his/her client to c o .
(c)The lawyer must assist
and appreciate the mediation process and its benefte
as the client's greater personal responsibility for the s
mprehena
mediation in resolving the dispute.
In preparing for participation in mediation. th.
(d)
yer shall confer and discuss with his/her client the follou
The mediation process as essentially a
tiation between the parties assisted by neg
ther
respective lawyers, and facilitated by a
tor, stressing it its difference from netia
litigation
advantages and benefits, the clients heighten
role in mediation and responsibility for its
s
cess and explaining the role of the
mediation proceedings,
lawyer in
(i) The substance of the upcoming mediation such
as
(aa) The substantive issues involved in the
dispute and their prioritization in terms
of importance to his/her client's real
rests and needs;
inte
(bb) The study of other party's
lation to
position in re
the issues with a view to under
standing the underlying interests, fears
concerns and needs;
(cc) The information or facts to be gatheree

or
sought from the other side or to be e
changed that are
necessary for inior
decision-making;
PARTI 75
(dd) The possible options for settlement but
stressing the need to be open-minded about
other possibilities; and
(ee) The best, worst and most likely alternative
to a non-negotiated settlement. (Article
3.15)
4.02 WHAT OTHER MATTERS MUST A COUNSEL DO TO ASSIST
MEDIATION?
To assist mediation, the lawyer

(a) shall give support to the mediator so that his/her
client will fully understand the rules and processes of mediation;
(b) shall impress upon his/her client the importance
of speaking for himselfherself and taking responsibility for
making decisions during the negotiations within the mediation
process
(cC)may ask for a recess in order to give advice or sugges
tions to his/her client in private, if he/she perceives that his/her
client is unable to bargain effectively;
shall assist his/her client and the mediator put in
(d)
writing the terms of the settlement agreement that the parties
have entered into. That shall see to it that the terms of
lawyers
the settlement agreement are not contrary to law, morals, good
customs, public order or public policy. (Article 3.16)
RULE 5-Conduct of Mediation

CONSIDERED IN THE
5.00 WHAT ARE THE ARTICLES TO BE
CONDUCT OF MEDIATION?
conduct of mediation are
The articles to be considered in the
the following:
make untruthful or exagge-
(a) The mediator shall not
resolution process, its costs
rated claims about the dispute
the mediator's qualifications and
and benefits, its outcome or
mediation process.
abilities during the entire
held the parties reach a satisfac-
(b) The mediator shall
but has no authority to impose
tory resolution to their dispute
a settlement on the parties.
RESOLUTION
DISPUTE
76 HE
THE AND THE ARBITRATION LAW
ALTERNATIVE
personally appear for mo

The parties shall
A party may be represen
and may be assisted by a lawyer.
full
O negouate
authority te and
and
an agent who must have sett
the dispute.
(d) The mediation process
the following stages:
shall, in
lConsists g
general, consi.
of the mediator;
() opening statement
i) individual narration by the parties;
(1i) exchange by the parties;
iv) summary of issues;
(v) generation and evaluation of options; and

(vi) closure
(e) The mediation proceeding shall be held in privat
Person, other than the parties, their representatives and me
diator, may attend only with the consent of all the parties,
the mediation shall be closed:
by the execution of a settlement agreement by
the parties
i) by the withdrawal of any party from mediation:
and
(ii) by the written declaration of the mediator that
any further effort at mediation would not be
helpful. (Article 3.17)
RULE 6-Place of Mediation
6.00 WHERE IS THE PLACE OF MEDIATION?
The parties free to agree on the
are
place of mediation. Failhng
such agreement, the place of mediation shall be
and appropriate to all parties. (Article any place convenient
3.18)
RULE 7 Effect of
Agreement to Submit Dispute
to Mediation Under
Institutional Rules
7.00 WHAT DOES AN AGREEMENT TO
DISPUTE T0
MEDIATION BY AN INSTITUTION SUBMIT A
INCLUDE?
An agreement to submit a
dispute to mediation by
tion shall include an agreement to be an instil
bound by the internal medi"
PARTI 77
of 2004
of the Alternative
tion and administrative policies of such institution. Further, an
agreement to submit a dispute to mediation under institutional me-
diation rules shall be deemed to include an agreement to have
rules govern the mediation of the dispute and for the mediator, the sucn
Darties, their respective counsels and non-party participants to abide
by such rules. (Article 3.19)
RULE 8- Enforcement of Mediated Settlement

Agreement
8.00 WHAT ARE THE OPERATIVE PRINCIPLES TO GUIDE MEDIA
TION?
The mediation shall be guided by the following operative
principles:
(a) A settlement agreement following successful media
tion shall be prepared by the parties with the assistance of their
respective counsels, if any, and by the mediator. The parties
and their respective counsels shall endeavor to make the terms
and condition of the settlement agreement complete and to
make adequate provision for the contingency of breach to avoid
conflicting interpretations of the agreement.
(b)The parties and their respective counsels, if any,

shall sign the settlement agreement. The mediator shall certify
that he/she explained the contents of the settlement agreement
to the parties in a language known to them.
(c) If the parties agree, the settlement agreement may

be jointly deposited by the parties or deposited by one party with
the
prior notice to the other party/ties with the Clerk of Court of
Regional Trial Court (a) where the principal place of business
in the Philippines of any of the parties is located; (b) if any of
the parties is an individual, where any of those individuals
Judicial Region. Where
resides; or (c) in the National Capital
there is a need to enforce the settlement agreement, a petition
the parties with the same court in which
may be filed by any of
case, the court shall proceed
summarily to hear the petition, in
accordance with the Special ADR Rules.
settlement agreement
The parties may agree in the
(d)
that the mediator shall become a sole arbitrator for the dispute
agreement as an arbitral award
and shall treat the settlement
enforcement under R.A. No. 876,
which shall be subject to
RESOLUTION
DISPUTE
78 THE
ALTERNATIVE
A R B I T R A T I O N
LAW
AND THE
"The Arbitration w," notwith

notwithst
Law,
otherwise
the
known as
provisions of E.O. No.

Arbitration Law' for
knoud
wise knov
1008, s. 1985, otherwise stanti
asn g
ted disputethe
mediated
Construction Industry
Com
outside the Construction
(Article 3.20)
Industry Arbitration
ommis ion
RULE 9-Confidentiality ofInformation
9.00 WHAT ARE THE PRINCIPLES AND GUIDELINES ON
MATION OBTAINED THROUGH MEDIATION?
NFOR
Information obtained through mediation proceedings shall
all be
subject to the following principles and guidelines:
(a) Information obtained through mediation shall ho
vileged and confidential.
(b) A party, mediator, or non-party participant
may
refuse to disclose and may prevent any other person from diso
sing a confidential information.
(c)Confidential information shall not be subject to dis.

covery and shall be inadmissible in any adversarial
proceeding
whether judicial or quasi-judicial. However, evidence or
mation that is otherwise admissible or
infor.
not become inadmissible or
subject discovery does
to
protected from discovery solelyby
reason of its use in a mediation.
(d) In such an adversarial proceeding, the following
sons involved or per
previously involved in a mediation may not be
compelled to disclose confidential information obtained
the mediation: during
) the parties to the

dispute;
(i) the mediator or
mediators
(ii) the counsel for the
parties;
iv) the non-party
participants
) any person hired or
the engaged in connection'with
mediation as secretary, lerk
or assistant; and stenograpner

(vi) any other
person
who obtains or posSes
sesses
confidential information by reason of

is/her
profession.
PARTI 79
Chapter Three Implementing Rules and Regulations of the Alternative
(e) The protections of the ADR Act shall continue to
apply even if a mediator is found to have failed to act impartially.
(f) A mediator may not be called to testify to provide

confidential information gathered in mediation. A mediator
who is wrongfully subpoenaed shall be reimbursed the full cost
of his/her attorney's fees and related expenses. (Article 3.21)
9.01 MAY THE PRIVILEGE OF CONFIDENTIALITY OF INFORMA

TION BE WAIVED?
Yes, under the following circumstances, a privilege of confiden-

tiality of information is deemed waived:
(a) A privilege arising from the confidentiality of infor
mation may be waived in a record or orally during a proceeding
by the mediator and the mediation parties.
(b) With the consent of the mediation parties, a privilege
arising from the confidentiality of information may likewise be
waived by a non-party participant if the information is provided
by such non-party participant.
A person who discloses confidential information shall
(c) Article 3.21
be precluded from asserting the privilege under
of the rest of
(Confidentiality of Information) to bar disclosure
of the
the information necessary to a complete understanding
suffers loss or
previously disclosed information. If a person
of the confidential informa-
damage as a result of the disclosure
in a judicial proceeding
tion, he/she shall be entitled to damages
disclosure.
against the person who made the
makes a representation
(d)A person who discloses or
from asserting the privilege
about a mediation is precluded
extent that the communication
mentioned in Article 3.21 to the
the proceeding and it is necessary
prejudices another person in
to the representation or
for the person prejudiced to respond
disclosure. (Article 3.22)
EXCEPTIONS TO THE PRIVILEGE

OF CONFI-
9.02 WHAT ARE THE
DENTIALITY OF INFORMATION?
disclosure under Article 3.21 in

There is privilege against
no
the following instances:

evidenced by a record authenticated
i) in agreement
an
by all parties to the agreement;

80 ALTERNATIVE
DISPUTE RESOLUTION
THE A R B I T R A T I O N LAW
AND THE
available to the public

or made during a
i)
mediation which is open, or is required
by law sessionto dt
to be on
open,
public;
(1i) a threat or statement of a plan to infiict bodil.
or commit a crime of violence;

ily imijiry
to plan a crime, attemnt.
(iv) intentionally used
mit, or commit a crime, or conceal an ongOing crimeorc attempt
eor
COm.
activity; criminal
(v)sought or offered to prove or disprove abuse
abandonment or exploitation in a proceeding in which negle
agency is protecting the interest of an individual p
law; but this exception does not apply where a child protectpubie
ed by
matter is referred to mediation by a court or where a protecti
hl
agency participates in the child protection mediation:
(vi) sought or offered to prove or disapprove a claim
complaint of professional misconduct or maipractice filed
again
aparty, non-party participant, or representative of a partygainst
based
on conduct occurring during a mediation. (Article 3.23)
9.03 MAY A MEDIATOR BE ALLOWED TO MAKE
A REPORT
COMMUNICATE MATTERS REGARDING MEDIATION? OR
As a rule, mediator may not make a report,
no, a
assessment,
evaluation, recommendation, finding or other communication
garding a mediation to a court or agency or other authority that re
make a ruling on a dispute that is the may
subject of a mediation, except:
(a) to state that the mediation occurred or has
nated, or where a settlement was reached; or termi
(b) as permitted to be disclosed under Article 3.23
b)
(Exception to the Privilege of Confidentiality of Information).
The parties may, by an
agreement in
settlement agreement shall be sealed and writing, stipulate that the
not disclosed to any thiu
party including the court. Such stipulation,
to a proceeding to enforce or set however, shall not appy
aside the settlement
(Article 3.24) agreeme
RULE 10-Fees and Cost of
Mediation
10.00 IN AD HOC MEDIATION, WHAT ARE THE RULES
AND COST?
ON FE
In ad hoc mediation, the parties are free to OWn
make ther the
arrangement as to mediation cost and fees. In
default thereol,
PARTI
Chapter Three- Implementing Rules and 81
of 2004
of the Alternative
chedule of cost and fees to be
approved by the OADR shall be
followed. (Article 3.25)
40.01 IN INSTITUTIONAL MEDIATION, WHAT DOES

COST INCLUDE? MEDIATION
institutional mediation, mediation cost shall include the
In
administrative charges of the mediation institution under which
the parties have agreed to be bound, mediator's fees and
expenses, if any. n
associated
default of agreement of the parties as to the
amount and manner of payment of mediation's cost and fees, the same
shall be determined in accordance with the applicable internal rules
of the mediation service providers under whose rules the mediation
is conducted. (Article 3.26)
10.02 WHAT ARE THE FACTORS IN DETERMINING MEDIATION

FEE?
A mediation servicee provider may determine such mediation
fee as is reasonable taking into consideration the following factors,
among others:
) the complexity ofthe case;

(i) the number of hours spent in mediation; and
(ii) the training, experience and stature of mediators. (Article
3.26)
Chapter 4
INTERNATIONAL COMMERCIAL ARBITRATION
RULE 1-General Provisions

APPLICATION OF CHAPTER 4 ON
INTERNATIONAL COMMERCIAL ARBITRATION?
commercial arbitra-
to international
(a) This Chapter applies between the Philippines and
in force
tion, subject to any agreement
other state or states.
or seat of arbitration
only if the place
(b) This Chapter applies
default of any agreement
of the parties on
1s the Philippines and in
the applicable rules.

other law ofthe Philip-
Chapter shall not affect any
(c)This may not be
submitted to
certain disputes
pines by virtue of which
ALTERNATIVE
DISPUTE RESOLUTION
82 THE ARBITRATION LAW
AND THE
only
COrding to r
arbitration
submitted to acco.
arbitration or may be
VIsions other than those of
the ADR Act. (Article 4.1)
11.01 CITE THE RULES OF INTERPRETATION IN INTERAM

COMMERCIAL ARBITRATION.
The following are the rules of interpretation in into

NATIONA
commercial arbitration: internation
(a) International commercial arbitration shaln
verned by the Model Law on International Commereriolbe
tration. Ari
(b) In interpreting this Chapter, regard shall hbe
to the international origin of the Model Law and to thea
for uniformity in its interpretation. Resort may be
made toneed to the
travaux preparatoires and the Report of the Secretary-Gleneneral
of the United Nations Commission on
International Tras
Law dated March 1985 entitled, "International
Commereial
Arbitration: Analytical Commentary on Draft Text
by reference number A/CN. 9/264.
identifed
c) Moreover, in interpreting this Chapter, the
shall have due regard to the policy of the law in court
favor of arbitra.
tion and the policy of the
Philippines to actively promote party
autonomy in the resolution of disputes or the freedom of the
parties to make their own arrangement to resolve their
dispute.
(d) Where a provision of this Chapter, the Rules
applicable to the substance of the dispute, leavesexcept
the parties free
to determine a certain
issue, such freedom includes the right of
the parties to authorize a third
to make that determination.
party, including an institution
(e) Where a provision of this

that the parties have Chapter refers to the fact
agreed or that they may agree or in any
other way refers to an
agreement of the parties, such agreemen
includes any arbitration rules
referred to in that agreement.
Where a provision of this in
paragraph (a) of Article 4.25 (Default of Chapter, other than
a Party) and
(b) () of Article 4.32 (Termination paragraphs
claim, it also applies to of Proceedings), refers to
a defense, it also
a
counter-claim, and where it refers
applies to a defense to such counter-claim
(Article 4.2)
hapter
ha Three- PARTI
Implementing
Dispute
Rules and
Regulations of the 83
Resolution Act of 2004 Alternative
WHEN IS A WRITTEN
11.02 WHE
a) Unless otherwise COMMUNICATION
agreed
DEEMED RECEIVED?
by the
()any written communicationparties:
is
received if it is delivered to deemed to have
or at his/her the been
addressee personally
place of business, habitual
mailing address; if none of these residence or
making a reasonable can be found after
inquiry, a written
tion is deemed to have been received if communica
it is sent to
the addressee's last known
tual residence or place of business,
habi
mailing address by registered letter
or any other means which provides
attempt to deliver it;
a record of the
ii) the communication is deemed
to have been received
on the day it is so
delivered.
(b) Theprovisions of this Article do not apply to communica-
tions in court proceedings, which shall be governed by the Rules of
Court. (Article 4.3)
11.03 MAY THE RIGHT TO OBJECT BE WAIVED?

Yes, the right to object may be waived. Any party who knows
that any provision of this Chapter from which the parties may
derogate or any requirement under the arbitration agreement has
not been complied with and yet proceeds with the arbitration without
stating the objections for such non-compliance without unduedelay
or if a time limit is provided therefor, within such period of time,
shall be deemed to have waived the right to object. (Article 4.4)
11.04 WHAT IS THE EXTENT OF COURT INTERVENTION?
no court shall intervene

In matters governed by this Chapter,
Resort to Philippine courts
except when provided in the ADR Act.
so
matters within the scope of the ADR

Act shall be governed by the
Tor
Special ADR Rules. (Article 4.5)
PERFORMED BY THE
11.05 WHAT OTHER FUNCTIONS MUST BE
Article
paragraphs (c) and (d) of
to in
(a) The functions referred Article 4.13
Arbitrators) and paragraph (c) of
4.11 (Appointment of paragraph (a) of Article 4.14 (Failure
or
and
Challenge Procedure) authority
to Act) shall be
performed by the appointingrefuse to act
mpossibility the latter shall fail
or
4s defined in Article 1.6 C1, unless
RESOLUTION
84 THE ALTERNATIVE DISPUTE
ARBITRATION LAW
AND THE
within thirty (30) ays from receipt of the request in whic

applicant may renew the application with the court.
hich case the
Tne appointment of an arbitrator is not subject to apn
motion for reconsideration. eal
The functions referred to in paragraph (c) of Art
(b)
competence of Arbitral Tribunal to Rule on its Jurisdiction), see
rticle 4.16
cond
paragraph of Article 4.34 (Application for Setting Aside an Exclusi
hecourse Against Arbitral Award), Article 4.3b (Kecognition on
Enforcement), Article 4.38 (Venue and Jurisdiction), shall be no.
formed by the appropriate Regional Trial Court. per
(c) A Court may not refuse to grant, implement or enforra
a petition for an interim measure, including those provided for in
Article 4.9 (Arbitration
Article 4.11
Agreement and Interim Measures by Court
(Appointment of Arbitrators),
Article 4.13
(Challenge
Procedure), Article 4.27
(Court Assistance in Taking Evidence), on
the sole
ground that the Petition is merely an ancillary relief and
principal action is pending with the arbitral tribunal. the
(Article. 4.6)
RULE 2-Arbitration Agreement
12.00 EXPLAIN THE FORM OF AN
ARBITRATION AGREEMENT
The Arbitration
be in writing. An
Agreement, as defined in Articles 1.6 A4, shall
agreement is in writing if it is contained in a docu
ment signed by the
parties or in an exchange of letters, telex, tele
grams or other means of telecommunication
of the agreement, or in an which provide a record
exchange of statements of claim and
defense in which the existence of an
agreement, or in an exchange of
statements of claim and defense in which
the existence of an
ment is alleged by one
party and not denied by another. Theagree
rence in a contract to a
document containing an refe
constitutes an arbitration agreement arbitration clause
writing and the reference is such as toprovided that the contracts 18
make that clause part of the
contract. (Article 4.7)
12.01 WHAT ARE THE RULES WHEN A

BEFORE THE COURT? SUBSTANTIVE CLAIM IS
The following are the rules

Court:
on
substantive claim before the
(a)
A court before which
an action is
which is the subject of an brought in a matter
arbitration agreement shall, if a
PARTI 85
Chapter Three Implementing Rules and Regulations ofthe Alternative
reter
least one party so requests of both parties thereafter,
arbitration
the parties to arbitration unless it finds that the
agreement is null and void, inoperative or incapable of being
performed.
(b) Where an action referred to in the previous paragraph

nevertheless be
has been brought, arbitral proceedings may
while
commenced or continued, and an award may be made,
the issue is pending before the court.
mul-
(c) Where the action is commenced by toagainst
or
whom are parties an arbitra-

tiple parties, one or more of
refer to arbitration those parties
tion agreement, the court shall the civil
are bound by the
arbitration agreement although
who such
to those who are not bound by
action may continue as
arbitration agreement. (Article 4.8)

INTERIM MEASURE OF
REQUEST FOR AN
12.02 MAY A PARTY PRO-
PROTECTION BEFORE OR
DURING THE ARBITRAL
CEEDINGS?
with an arbitration agreement for a
Yes, it is not incompatible the constitution of the

arbitral
from a court, before
party to request proceedings, an
interim m e a s u r e of pro
tribunal or during arbitral
tection and for a court
to grant such m e a s u r e .
act or is
arbitral tribunal has no power to
To the extent that the of protection,
a request for interim m e a s u r e
unable to act effectively, indicated
for, and in the m a n n e r
thereof as provided
or modification Interim Measures), may
of Tribunal to Order
in Article 4.17 (Power
be made with the court.
for in para-
provisional relief provided
The rules of interim
or
observed.
Rules shall be
graph (c) of Article 4.17 of these the court
under this Article before
a petition ADR Rules.
A party may bring o r the Special
Rules of Court
in accordance with the
(Article 4.9) Tribunal

RULE 3-Composition of Arbitral
PARTIES AGREE
ARBITRATORS
MAY THE
13.00 HOW MANY
UPON? arbitrators.
determine the number of
free to shall be
The parties a r e arbitrators
determination,
the number of
Failing such
three (3). (Article 4.10)
DISPUTE RESOLUTION
ALTERNATIVE
86 THE ARBITRATION
LAW
AND THE
ARE APPOINTED.
13.01 EXPLAIN HOW ARBITRATORS
are governed by the f
The appointment of
procedure:
arbitrators
be produced by reason oe
lowng
(a) No person shall an arbitrator, unle isher
nationality from acting
as nless otherwis
agreed by the parties.
b)The parties are free to agree on a
procedure ne
pointing the arbitrator or arbitrators, subject
to provision
paragraphs (d)
and of this Article.
(e)
(c) Failing such agreement:
with three arbitratoro
) inan arbitration each
party shall appoint arbitrator, and the
one
arbitrators thus appointed shall appoint the

third arbitrator; if any party tails to appoint
the arbitrator within 30 days of receipt of a re
quest to do so from the other party, or if the two
arbitrators fail to agree on the third arbitrator
within 30 days of their appointment shall be
made, upon request ofa party, by the appoint.
ing authority;
() in an arbitration with a sole arbitrator, if the
parties are unable to agree on the arbitrato
he/she shall be appointed, upon request of a
party, by the appointing authority.
(d) Where, under an appointment procedure agreed upon
by the parties,
) a party fails to act as required under such pro-
cedure, or
i) the parties, or two arbitrators, are unable to reach
an
agreement expected of them under such pro
cedure, or
1) a third party, including an institution, fails
to perform any function entrusted to it under
such procedure,
Any party may request the appointing
the necessary measure to appoint authority
an arbitrator,
to
unless take
the
agreement on the appointment procedure provides other means
for securing the appointment.
(e) A decision on a matter entrusted
and (d) of this to the
by paragraphs
appointing authority shall be immediate
PART I 87
Chapter Three- Implementing Rules and Regulations of Alternative
Dispute Resolution Act of 2004 the
executory and not be subject to

motion for reconsideration
a
or appeal. The appointing
authority shall have in appointing
an arbitrator, due regard to any qualifications required of the
arbitrator by the agreement of the parties and to such consi-
derations as are likely to secure the appointment of an indepen-
dent and impartial arbitrator and, in the case of a sole or third
arbitrator, shall take into account as well the advisability of
appointing an arbitrator of a nationality other than the Rules
of Court of the Special ADR Rules. (Article 4.11)
13.02 WHAT ARE THE GROUNDS TO CHALLENGE AN ARBITRA
TOR?
The grounds for challenge are as follows:
(a) When a person is approached in connection with his/

her possible appointment as an arbitrator, he/she shall disclose
any circumstance likely to give rise to his/her impartiality or
independence. An arbitrator, from the time of his/her appoint-
ment and throughout the arbitral proceedings shall, without
delay, disclose any such circumstance to the parties unless they
have already been informed of them by him/her.
An arbitrator may be challenged only if circums-
(b)
tances exist that give rise to justifiable doubts as to his/her im-
partiality or independence, or if he/she does not possess quali-
fications agreed to by the parties. A party may challenge an
arbitrator appointed by him/her, or in whose appointment he/
becomes
she has participated, only for reasons of which he/she
aware after the appointment has been made. (Article 4.12)
13.03 WHAT IS THE PROCEDURE IN CHALLENGING AN ARBI

TRATOR?
The challenge procedure is as follows:
for chal-
(a) The parties are free to agree on a procedure
to the provisions of this Article;
lenging an arbitrator, subject
who intends to chal-
(b) Failing such agreement,15 partyafter becoming a w a r e
a
within days
lenge an arbitrator shall, tribunal or after becoming
arbitral
of the constitution of the
of
aware of any
circumstances referred to in paragraph (b)
send a written statement
Article 4.12 (Grounds for Challenge,)
to the arbitral tribunal. Unless
of the r e a s o n s for the challenge
88
the challenged arbitrator withdraws from his/han

uiahce
other party agrees to the challenged arbitrator
his/her office or the party agrees to the challengaa
tribunal shall decide on the challenge; and
ndrheawsaritatt
(c) If a challenge under any procedure
by the parties or under the procedure of
of paragraph
paragraph agreed
Article is not successful, the challengir party ma
the appointing authority, within 30 days after havin e
notice of the decision rejecting the challenge, to deCy
challenge, which decision shall be immediately exee A
Ceved
not subject to motion for reconsideration or apneo
eal.
such a request is pending, the arbitral tribunal, including:While
challenged arbitrator, may continue the arbitral procoe
and make an award.
A party may bring a petition under this Article

before the
he cour
in accordance with the Rules of Court or the
Special ADR D
(Article 4.13) Rules
13.04 WHAT IS THE CONSEQUENCE IF THERE IS
IMPOSSIBILITY TO ACT AS AN ARBITATOR?
FAILURE O
(a) If an arbitrator becomes de jure or de facto unable to
form his/her functions or for other reasons fails to act
per
without
delay, his/her mandate terminates if he/she withdraws from undue
office or if the parties agree on the hisher
termination.Otherwise, if the
controversy remains concerning any of these grounds, any party may
request the appointing authority to decide on the termination of the
mandate, which decision shall be immediately
subject for motion for reconsideration or executory and n
appeal.
(b) If, under this Article or
lenge Procedure), an paragraph (b) of Article 4.13(Chak
arbitrator withdraws
party agrees for termination of the mandate from his/her office Or
not imply of an arbitrator, this d0
acceptance
of the validity of any
referred to in
Article or
paragraph (b) of Article 4.12 ground
in
(Grounds for Chauens
(Article 4.14)
13.05 WHAT IS THE cONSEQUENCE IF THE MANDATE OFAN
ARBITRATOR IS TERMINATED?
Where the mandate of an
4.13 (Challenge Procedure) and arbitrator terminates 2der Article
under
4.14 (Failure or Impossibilityt Aet
or because of his/her Impossibuo
withdrawal from office for any other asonor
PART I 89
because of the revocation of his/her mandate, a substitute arbitrator
shall be appointed according to the rules that were applicable to the
ppointment of the arbitrator being replaced. (Article 4.15)
RULE 4- Jurisdiction of Arbitral Tribunal
14.00 DISCUSS THE COMPETENCE OF ARBITRAL TRIBUNAL TOo

RULE ON ITS JURISDICTION.
(a) The arbitral tribunal may rule on its own jurisdiction
including any objections with respect to the existence or validity of
the arbitration agreement or any condition precedent to the filing ot
the request for arbitration. For that purpose, an arbitration clause,
which forms part of a contract shall be treated as an agreementinde:
pendent of the other terms of the contract. A decision by the arbitral
tribunal that the contract is null and void shall not entail ipso jure
the invalidity of the arbitration clause.
b) A plea that the arbitral tribunal does not have jurisdic
statement of
tion shall be raised not later than the submission of the
is not pre
defense (.e., in an Answer or Motion to Dismiss). A party
has appointed,
cluded from raising such plea by the fact that he/she
or participated in the appointment of, an arbitrator. A plea that the
shall be raised
arbitral tribunal is exceeding the scope of its authority
as soon as the matter alleged
to be beyond the scope of its authority
The arbitral tribunal may,
is raised during the arbitral proceedings.
in either admit a later plea if it considers the delay justified.
case,
referred to in
(c) The arbitral tribunal may rule on a plea
in an
either as a preliminary question or
paragraph (b) of this Article
arbitral tribunal rules as a preliminary
award on the merits. If the within 30
party may request,
question that it has jurisdiction, any the Regional Trial
after having received notice of that ruling,
days decision shall be immediately
exe-
Court to decide the matter, which reconsideration or appeal. While

motion for
cutory and not subject to contribute the
the arbitral tribunal may
such request is pending,
a
make an award. (Article 4.16)
arbitral proceedings and
HAVE THE POWER TO

ARBITRAL TRIBUNAL
14.01 DOES AN
ORDER INTERIM MEASURES?
the parties, the arbitral

Unless otherwise agreed by
(a) of the party,
order any party to take
tribunal may, at the request
arbitral tribunal may
of protection as the
such interim m e a s u r e s
to matter of the dispute
consider necessary in respect of the subject
following paragraph (c) of this Article.

Such interim me
include, but shall not be limited to, preliminary injunct:res
against a party, appointment of receivers, or deter
nspection of property that is the subject of the
ention, ioneservaticmay
directea
dispute
ite in
in evat
arbitr
(b) After constitution of the arbitral
tribunal, ana
arbitral proceeding, a request for interim measures of
prot in
modification thereof shall be made with the arbitral
arbitral tribunal is deemed constituted when the
trihon, ction, or
sole h
or the third
arbitrator, who has been nominated, has
nomination and written communication of
oitrator
has accepted
said nominati he
acceptance has been received by the party making the reguo ad
Lest.
c) The following rules on interim or
provisional relief oh.s
be observed: al
i) Any party may request that the interim or provisione
relief shall be observed.
ii) Such relief may be granted:
(aa) To prevent irreparable loss or
injury;
(bb) To provide security for the performance of an
obligation;
(cc) To produce or preserve evidence;
(dd) To compel any other appropriate acts or omis
Sions.
(ii) The order granting provisional relief

may be cond
tioned upon the provision of security or any act or
omission specified in order.
iv)
(1v) Interim or provisional relief is
requested by write
application transmitted by reasonable means to the
arbitral tribunal and the party
Is sought,
against whomh the
describing in appropriate detalls
precise relief, the party against whom the
requested, the ground for the relief, and the evidene
supporting the request.
(v) The order granting or denying an applicato forthe
interim relief shall be binding upon the paru
tes.
assistance
(V1) Either party may apply with the court for
assure s u r e
in
implementing or
enforcing an interD
ordered by an arbitral tribunal.
PARTI 91
Chapter 1Three- Implementing Rules and
Dispute Resolution ActRegulations of the Alternative
of 2004
(vii) A party who does not comply with the order shall be
liable for all damages,
resulting from noncompliance
including all expenses, and reasonable attorney's
fees, paid in obtaining the order's
ment. (Article 4.17)
judicial enforce
RULE 5- Conduct of Arbitral Proceedings

15.00 DIScUSS THE CONDUCT OF ARBITRAL PROCEEDINGS.
1. On Treatment of Parties.
The arbitral proceedings is governed by the Equal
Treatment of Parties. It states: "The parties shall be treated
with equality and each shall be given a full opportunity of
presenting his/her case. "(Article 4.18)
2. On Determination of the Rules of Procedure.
(a) Subject to the provisions of this Chapter, the parties

are free to agree on the procedure to be followed by
the arbitral tribunal in conducting the proceedings.
(Article 4.19)
(b) Failing such agreement, the arbitral tribunal may,
subject to this Chapter, conduct the arbitration in
such manner as it considers appropriate. Unless the
arbitral tribunal considers it inappropriate, the UN-
CITRAL Arbitration Rules adopted by the UNCI
TRAL on 28 April 1976 and the UN General
Assembly on 15 December 1976 shall apply subject
to the following clarification: All references to the
Court of Arbi-
"Secretary-General of the Permanent
deemed to refer to the
tration at the Hague" shall be
appointing authority.
The conferred upon the arbitral tribunal
(c) power
determine the admissibility,
includes the power to
evidence.
relevance, materiality and weight of any
3.
3. On Venue of Arbitration.
free to agree on place of arbitra-
the
(a) The parties are
the place of arbitration
tion. Failing such agreement,
Manila unless the arbitral tribu-
shall be in Metro
to the circumstances of the case,
nal, having regard
92 THE ALTERNATIVE
RESOLUTIONT
DISPUTE
ARBITRATION LAW
AND THE
of the partian
including the
convenience
s. shall de
on a different place of arbitration.
(b) Notwithstanding the rule stated in Dar
of this provision, the

otherwise agreed by
tribunalBtaph
the arbitral
may, b
parties, meet y
ragrapn a
at
for any
consultation any
it considers appropriate
among ta
members, for hearing witnesses, experts or
pla
the
ather pronhe
ties, or for inspection ofgoods, other
uments. (Article 4.20) property or to
4. On Commencement of Arbitral,Proceedings.
Unless otherwise agreed by the parties, the
the a
proceedings in respect of a particular disputecomD
the date on which a request for that dispute to heeo
to arbitration is received by the responden dent. (Articleet4.21)
ermed
5. On Language to be used.
(a) The parties are free to agree on the languao o

languages to be used in the arbitral proceedings a
ling such agreement, the language to be used shall
English. This agreement, unless otherwise specife
therein, shall apply to any written statement by a
party, any hearing and any award, decision or other
communication by the arbitral tribunal.
b) The arbitral tribunal may order that any

documen
tary evidence shall be accompanied by a translatin
into the language or languages agreed upon by the
parties or determined by the arbitral tribunal in
accordance with paragraph (a) of this Article. (Arick
4.22)
6. On Statements of Claim and Defense.
(a) Within the period of time agreed by the
partiesu
determined by the arbitral tribunal, the
shall state the facts
clain
supporting his/her/its clau
the points at issue and the relief or remedy s0un
and the respondent shall state his/her/its defens
respect of these parties ha
particulars, unless the partes s u c h
otherwise agreed as to the required elements

statements.
PARTI
Chapter Three- Implementing Rules 93
and
of 2004
of the Alternative
The parties may submit with their
all documents statements,
add a reference
they consider to be relevant or may
to the documents or
they will submit. other evidence
(b) Unless otherwise
agreed by the parties, either party
may amend or
supplement his/her claim defense
or
during the course of the arbitral
the arbitral tribunal proceedings, unless
considers it inappropriate to
allow such amendment having regard to the delay in
making it. (Article 4.23)
7. On Hearing and Written Proceedings.
(a) Subject to any
contrary agreement by the parties,
the arbitral tribunal shall decide whether to hold
oral hearings for the presentation of evidence or for
oral argument, or whether the proceedings shall be
conducted on the basis of documents and other
mate
rials. However, unless the parties have agreed that
no hearings at an appropriate stage of the proceed-
ings, if so requested by a party.
(b) The parties shall be given sufficient advance notice
of any hearing and of any meeting of the arbitral
tribunal for the purposes of inspection goods, other
property or documents.
(c) All statements, documents or other information

supplied to the arbitral by one party shall be commu-
nicated to the other party. Also, an expert report or
evidentiary document on which the arbitral tribunal
shall be communi-
may rely in making its decision
cated to the parties. (Article 4.24)
8. On Default of a Party.
Unless otherwise agreed by the parties, if, without,
showing sufficient cause,
the claimant fails to communicate his statement of

(a) Article 4.23
claim in accordance with paragraph (a)
the arbitral tribu-
(Statement of Claim and Defense),
nal shall terminate the proceedings;
fails to communicate his/her/its
(b) the respondent
accordance with paragraph (a)
statement of defense in
Article 4.23 (Statement of Claim and n

arbitral tribunal shall continue the procee
out treating such failure in itself as an admngs
Deflingsense),
the claimant's allegations;
any party's fails to appear at a hearing r
(c)
documentary evidence, the arbitral trih to od
prody
continue the proceedings and make the aw
evidence before it. (Article 4.25) d on th
9. On Expert Appointed by the Arbitral Tribunot
Unless otherwise agreed by the parties, the

tribunal: arbitr
(a) may point one or more experts to report to
it on
specificissues to be determined by the arbitrald
bunal; or th
(b) may require a party to give the expert any relevant
information or to produce, or to provide access to,
am
relevant documents, goods or other
her inspection.
property for his
Unless otherwise agreed by the parties, if a
party a
requests or if the arbitral tribunal considers it necessary
the expert shall, after delivery of his/her written or oral
report, participate in a hearing where the parties have the
opportunity to put questions to him and to present exper
witnesses in order to testify on the
points at issue. (Artne
4.26)
10. On Court Assistance in
Taking Evidence.
The arbitral tribunal or a val
with the approva
of the arbitral
party the
tribunal may request from a
court
Philippines assistance in taking evidence. The cour may
execute the request within
its competence and ac
to its rules on
taking evidence.
The arbitral tribunal
shall have the power tor
any person to attend a a r b i t r a
tribunal shall have the hearing

as a witness.
Tu an witnesses
power to subpoena t
the
documents when the and
relevancy of the testimony The

materiality thereof has been to t .
demonstratea ent of
bitral tribunal may also retiremen
of an
witness during the require the
testimony of any other wi tness.
PARTI 95
A party may bring a petition under this Section
before the court in accordance with the Rules of Court or
the Special ADR Rules. (Article 4.27)
11. On Rules Applicable to the Substance of Dispute.
(a) The arbitral tribunal shall decide the dispute in
accordance with such rules of law as are chosen
by the parties as applicable to the substance of the
dispute. Any designation of the law or legal system
of a given state shall be construed, unless otherwise
expressed, as directly referring to the substantive
law of that state and not its conflict of laws rules.
(b) Failing any designation by the parties, the arbitral

tribunal shall apply the law determined by the con-
flict of laws rules, which it considers applicable.
c) The arbitral tribunal shall decide ex aequo et bono

or as amiable compositeur only if the parties have
expressly authorized it to do so.
(d) In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and shall
take into account the usages of the trade applicable
to the transaction. (Article 4.28)
12. Decision-Making by Panel of Arbitrators.

In arbitral proceedings with more than one arbitra-
tor, any decision of the arbitral tribunal shall be made,
unless otherwise agreed by other parties, by a majority
of all its members. However, questions of procedure may
be decided by a presiding arbitrator, if so authorized by
the parties or all members of the arbitral tribunal. (Article
4.29)
13. Settlement.
If, during arbitral proceedings, the parties settle the
dispute, the arbitral tribunal shall terminate the proceed-
ings and, if requested by the parties and not objected to by
the arbitral tribunal, record the settlement in the form of
an arbitral award on agreed terms.
An award on agreed terms shall be made in accor-

dance with the provisions of Article 4.31 (Form and Con-
RESOLUTION
DISPUTE
THE
ALTERNATIVE
ARBITRATION
LAW
96 AND THE
state that it is an
shall
an award has the
tents of Award),
andsame status and effect ard
any
case. (Article 4.30)
award on the merits of the
Contents of Award.
14. On Form and
be made in writing and
The award shall shall e
(a)
the arbitrator
or arbitrators. Tn Snal
arbitrator, arbitrl
signed by than one
more
proceedings with the
naturesof the majority of
all members of the
a
se
suffice, provided that the
tribunal shall reason f
stated.
omitted signature is
any
b) The award shall state the reasons upon which
based, unless the parties

have agreed that no ran it is
are to be given or the award s an award on : a80ns
on agre
terms under paragraph (a) of Article 4.20 (Plae
lace of
Arbitration).
(c) The award shall state its date and the place of arki
tration as determined in accordance with paragrank
(a) of this Article. The award shall be deemed to have
been made at that place.
(d) After the award is made, a copy signed by the arbi
trators in accordance with paragraph (a) of this
Article shall be delivered to each party. (Article 4.31)
15. On Termination of Proceedings.
(a) The arbitral proceedings are terminated by the
final award or by an order of the arbitral tribunal in
accordance with paragraph (b) of this Article.
(b) The arbitral tribunal shall issue an order for the ter
mination of the arbitral
proceedings when:
) The claimant
withdraws his/herlits claim, u
less the respondent objects thereto and the a
bitral tribunal
on
his/herlits
recognized a legitimate i settle terest
ment of the
part
in obtaining
final a
dispute;
(11) The parties agree the termination of nepro
ceedings;
(11) The arbitral
tion of the tribunal finds that the reas0
become proceedings has for any
other
unnecessary or impossible
PARTI 97
Chapter Three - I m p l e m e n t i n g Rules a n d Regulations of t h e A l t e r n a t i v e

(c) The mandate of the arbitral tribunal ends with
mination of the arbitral proceedings subject to the
ter
provisions of Articles 4.33 (Correction and Interpre-
tation of Award, Additional Award) and
paragraph
(d) of Articles 4.34 (Application for Setting Aside an
Exclusive Recourse against Arbitral Award).
(d) Notwithstanding the foregoing, the arbitral tribunal
may, for special reasons, reserve in the final award
order, a hearing to quantity costs and
determine
which party shall bear the costs or the division
of as may be determined to be equitable. Pending
there-
determination of this issue, the award shall not be
deemed final for purposes of appeal, vacation, correc
tion, or any post-award proceedings. (Article 4.32)
16. On Correction and Interpretation of Award, Addi-

tional Award.
(a) Within thirty (30) days from receipt of the award,

unless another period of time has been agreed upon
by the parties:
A party may, with notice to the other party,
request the arbitral tribunal to correct in the
award any errors in computation, any clerical
or typographical errors or any errors of similar
nature;
(i) A party may, if so agreed by the parties and
with notice to the other party, request the arbi-
tral tribunal to give an interpretation of a spe-
cific point or part of the award.
(b) If the arbitral tribunal considers the request to be jus-
tified, it shall make the correction or give the inter

pretation within 30 days from receipt of the request.
The interpretation shall form part of the award.
( The arbitral tribunal may correct any error of the

of this Article on
type referred to in paragraph (a)
the date of the
its own initiative within 30 days from
award.
Unless otherwise agreed by the parties, a party may,
(d) within 30
with notice to the other party, request,
the arbitral tribunal to
days receipt of the award,
DISPUTE RESOLUTION
98 THE
ALTERNATIVE
ARBITRATION
LAW
AND THE
award as to claims
make an
additional
the arbitral proceedings

but omitted from Teent
the a
tribunal considers the rer
If the arbitral
make the additional awo
justified, it shall ward
60 days.
may extend, if necese.
(e) The arbitral tribunal
which it shall make
period of time within
tion interpretation
or an additional awo.
paragraphs (a) and (b) of
this Article. und
) The provisions of Article 4.31 (Form and Cont
Award) shall apply to a correction or
ontents
intertres
of the award or to an additional award. (Articl
rticle 4
17. On Application for Setting Aside an Exclus.
lusive k
course against Arbitral Award.
(a) Recourse to a court against an arbitral award
be made only by application for setting aside
accordance with second and third paragraphs of th
Article.
(b) An arbitral award may be set aside by the Regiona
Trial Court only if:
) the party making the application furnishs

proof that:
(aa) a party to the arbitration agreement wa
under some incapacity; or the said agre
ment is not valid under the law to whic
the parties have subjected it or, failing
any indication thereon, under the law d
the Philippines; or
(bb) the party making the application was nat
given
proper notice of the appointment e
an arbitrator or of the arbitral proceet
ings or was otherwise unable to prese"
his case; or
(cc) the award deals with dispute not c
a
templated by or not failing within tn

terms of the ion.
submission to arbitra
or contains decisions on matters beyo
ation
the scope of the submission to arbitra
PARTI 99
Chaoter Three- Implementing Rules and Regulations of the Alternative
provided that, if the decisions on matters
submitted to arbitration
from those not
can be separated
so submitted, only the part
of the award which contains
decisions on
matters not submitted to arbitration may
be set aside; or
(dd) the composition of the arbitral tribunal or
the arbitral procedure was not in
accor
dance with the agreement of the parties,
unless such agreement was in conflict with
a provision of ADR Act from which the par-
ties cannot derogate, or, falling such
ment, was not in accordance with ADR
agree
Act; or
(i) the Court finds that:
(aa) the subject-matter of the dispute is not

capable of settlement by arbitration under
the law of the Philippines; or
(bb) the award is in conflict with the publie
policy of the Philippines.
(c) An application for setting aside may not be made af-

ter three months have elapsed from the date on which
the party making that application had received the
award or, if a request had been made under Article
4.33 (Correction and Interpretation of Award, Addi
tional Award) from the date on which that request
has been disposed of by the Arbitral tribunal.
(d) The court, when asked to set aside an award, may,
where appropriate and so requested by a party, sus-
pend the setting aside proceedings for a period of

time determined by it in order to give the arbitral
tribunal an opportunity to resume the arbitral pro-
as in the arbitral
ceedings or take such other action
tribunal's opinion will eliminate the grounds for set-
ting aside.
A party may bring a petition under this Article

be-
(e
fore the court in accordance with the Special ADR
Rules. (Article 4.34)
DISPUTE
RESOLUTION
100 THE
ALTERNATIVE
ARBITRATION
LAW
AND THE
RULE 6 - Recognition and

Enforcement
ofAwarci.
ds
16.00 WHAT ARE THE RULES ON RECOGNITION AND
AND ENE
NFORCE.
MENT?
enforcement a r e as follo.
ne rules on recognition and follows:
be recognized
(a)
A foreign arbitral award shall as bind.
petition in writing to
the aal
regional triol
trial1 in.
ng and, upon
Article 4.36 (Grounds for Refusing Recognition or Enfo
court,
shall be enforced subject to the provisions of this Articl n
Article and of
(b) The petition for recognition and enforcenment ee cement).
such
arbitral awards shall be filed with the Regional trial Coc
accordance with Special ADR Rules.
Court i
i) Convention Award-The New York
shall govern the recognition and
onventioy
of arbitral awards covered by said
enforceme
The petitioner shall establish that Conventio
Convention
the co
tr
in which the foreign arbitration award was
made is a party to the New York Convention.
(ii) Non-Convention Award The recognition

and enforcement of foreign arbitral awards not
covered by the New York Convention shall be
done in accordance with procedural rules to be
promulgated by the Supreme Court. The court
may, on grounds of comity and reciprocity,
recognize and enforce a non-convention award
as a convent1on award.
The party relying on an award or

(c) applying for its en-
forcement shall file with the Regional Trial Court the original
o r duly authenticated
copy of the award and the original arbi
tration agreement or a duly authenticated copy thereof. If the
award or agreement is not made in an official
language or u
Philippines, the party shall supply a duly certified translation
thereof into such language.
(d) A foreign arbitral award when confirmed by urt
of
a
cou
aforeign country, shall be recognized and enforcea a
foreign arbitral award and not as a judgment of a foreign

a
co
(e) A foreign arbitral award when confirmed by the
Regional Trial Court, shall be enforced
in the same mann
er
as
final and executory decisions of courts of ines.

1aw of the PhilipP
101
PART I
Alternative
Three- Implementing Rules and Regulations of the
Chapter
Court has recognized the arbi
I f the Regional Trial suspension or
tral application for rejection and/or
award but an
enforcement of that award is subsequently
made, the Regional
application to be proper,
Trial Court may, if it considers the
or suspend the decision to
enforce that award and may
vacate
or en-
the application of the party claiming
recognition
also, on
other party seeking rejection
forcement of that award, order the
appropriate security. (Article
4.35)
or suspension to provide
RECOGNITION
GROUNDS FOR REFUSING
16.01 WHAT ARE THE
OR ENFORCEMENT OF
CONVENTION AWARD AND NON
CONVENTION AWARD?
enforcement are as
grounds for refusing recognition
or
The
follows:
With Respect to Convention Award.
A.
of an arbitral award,
Recognition or enforcement
the New York Conven-
made in a state, which is a party to
of the party against
tion, may be refused, at the request furnishes to the
whom it is provoked, only if the party
Regional Trial Court proof that:
arbitration agreement are, under
(a) The parties to the
under some incapacity;
the law applicable to them,
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
the party against whom the award is invoked was
(b) of the appointment of an

not given proper notice
or was other-
arbitrator or of the arbitral proceedings
wise in able to present his case; or
the award deals with dispute not contemplated by
or not failing within the terms of the submission
to arbitration, or it contains decis1ons on mattersS
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 recognized and enforced; or
(d) the composition of the arbitral tribunal or the

the arh
arbi
tral procedure was not in accordance with the agro
ee
ment of the parties, or failing such agreement, w
not in accordance with the law of the country whe
was
ce
the arbitration took place; or
(e) the award has not become binding on the parties

(e) or
has been set aside or suspended by a court of the coun
try in which, or under the law of which, that award
was made.
Recognition and enforcement of an arbitral award

may also be refused if the Regional Trial Court where
recognition and enforcement is sought finds that:
(a) the subject-matter of the dispute is not capable of set.
tlement by arbitration under the law of Philippines; or
(b) the recognition or enforcement of the award would be

contrary to the public policy of the Philippines.
A party to a foreign arbitration proceeding may
oppose an application for recognition and enforcement of
the arbitral award in accordance with the Special ADR
Rules only on the grounds enumerated under paragraph
(a) and (c) of Article 4.35 (Recognition and Enforcement).
Any other ground raised shall be disregarded by the
Regional Trial Court. (Article 4.36)
B. With Respect to Non-Convention Award.
(a) A foreign arbitral award rendered in a state which
is not a party to the New York Convention will be
recognized upon proof of the existence of comity
and reciprocity and may be treated as a convention
award. If not so treated and if no comity or recip-
rocity exists, the non-convention award cannot be
recognized andlor enforced but may be deemed as
presumptive evidence of a right as between the parties
in accordance with Section 48 of the Rules of Court.
(b) If the Regional Trial Court has recognized the arb:
tral award but a petition for
suspension of enforce
ment of that award is subsequently made, the Re-
gional rial Court may, if it considers the petition
to be proper, suspend the proceedings to enforce the
award, and may also, on the application of the party
PARTI 103
claiming recognition or enforcement of that award,
order the other party seeking suspension to provide
appropriate security.
(c) If the petition for recognition or enforcement of the
(c)
arbitral award is filed by a party and a counter-peti-
tion for the rejection of the arbitral award is filed by
the other party, the Regional Trial Court may, if it
considers the counter-petition to be proper but the
remit
objections thereto may be rectified or cured,
the award to the arbitral tribunal for appropriate
action and in the meantime suspend the recognition
the
and enforcement proceedings and may also on
application of the petitioner order the counter-peti-
tioner to provide appropriate security. (Article 4.36)
LOSING PARTY FROM AN

16.02 WHAT IS THE REMEDY OF THE
REGIONAL TRIAL
ARBITRAL AWARD RENDERED BY THE
COURT?
A decision of the Regional Trial Court recognizing, enforcing
award may be appealed to the
vacating or setting aside an arbitral
the rules of procedure to be
Court of Appeals in accordance with
promulgated by the Supreme Court. (Article 4.37)
TO POST A BOND?
16.03 IS THE APPELLANT REQUIRED
from the judgment of the
Yes, the losing party who appeals award shall be required
arbitral
court recognizing and enforcing an
a counter-bond executed
in favor of
by the Court of Appeals to post
amount of the award in accordance
the prevailing party equal to the
with the Special ADR Rules. (Article 4.37)
ARBITRAL TRIBUNAL'S AWARD

16.04 IS A STIPULATION THAT THE
FINAL VALID?
OR DECISION SHALL BE
that the arbitral tribunal's
Yes, any stipulation by the partiestherefore not appealable, is
award or decision shall be final,
and
valid. (Article 4.37)
16.05 WHAT IS THE CONSEQUENCE IF THERE ISA STIPULATION

THAT THE ARBITRAL TRIBUNAL'S AWARD OR DECISION
SHALL BE FINAL?
it waiver of the right to appeal
stipulation carries with
a
Such
from an arbitral award. (Article 4.37)
16.06 IS THE REMEDY OF CERTIORARI UNDER

RULE 65 AVA
E
ABLE IF APPEAL IS DEEMED WAIVED BY
AFORESAID STIPULATION? (Article 4.37)
VIRTUE OF
THE
Yes, the implementing rules expressly
provide that it is with
prejudice to judicial review by way of certiorari under
Rules of Court. (Article 4.37) Rule 65 ofi the hthou
16.07 WHAT IS THE NATURE OF
THE PROCEEDINGS INVOLVING
THE FOLLOWING?
(a) recognition and enforcement of an
ment or arbitration agree
(b)vacation or setting aside of an arbitral
(c)any application with a
award, and
tance and court for arbitration assis
supervision, except appeal
Under Article 4.38,
ment of proceedings recognition and enforce-
arbitration agreement
an
for
or for
an arbitral
award, and any vacation or setting aside of
assistance and application with a court for arbitration
supervision, except appeal, shall be
proceedings. deemed as special
16.08 WHICH COURT
HAS JURISDICTION To TRY THESE
CITE THE VENUE
THEREOF CASES?
These cases may be filed with the
(a) the Regional Trial Court where:
arbitration proceedings are
(b) where the asset to be
condueted;
be
enjoined is located; attached or levied
upon, or the act to
(c) where any of the
place of business; on parties to the
dispute resides or has its
(d) in the National Capital Judicial
applicant (Article 4.38) Region at the option of
the
16.09 IS NOTICE OF PROCEEDINGS TO PARTIES
Yes, in a MANDATORY?
special proceeding tor recognition and
of an arbitral award, the court shall
send notice to
enforco
their address of record in the arbitration, or the partino
it any party cann
served notice at such address, at such party's last known De
The notice shall be sent at least 15 days before the
date set f
initial hearing of the application. (Article 4.39) the
PARTI 105
16.10 IS A PARTY ENTITLED TO LEGAL REPRESENTATION IN
INTERNATIONAL COMMERCIAL ARBITRATION CONDUCTED
IN THE PHILIPPINES?
Yes, in international commercial arbitration conducted
Philippines, a party may be represented by any person of his/her
in
the
choice: Provided, That such representative, unless admitted to the
practice of law in the Philippines, shall not be authorized to appear
counsel in any Philippine court or any other quasi-judicial body
whether or not such appearance is in relation to the arbitration in
which he/she appears. (Article 4.40)
16.11 MAY THE ARBITRATION PROCEEDINGS BE DISCLOSED TO

THE PUBLIC?
No, the arbitration proceedings, including the records, evidence
and the arbitral award, shall be considered confidential and shall not
be published except:
(a) with the consent of the parties; or
for the limited purpose of disclosing to the court relevant
(b)
documents in cases where resort to the court is allowed herein.
or the
Provided, however, That the court in which the action
order to prevent or prohibit
appeal is pending may issue a protective
disclosure of documents or information containing secret processes,
information where it is shown
developments, research and other
an authorized
that the applicant shall be materially prejudiced by
disclosure thereof. (Article 4.41)
RECoGNITION AND ENFORCEMENT OF
16.12 IS A PETITION FOR
NATURE?
AWARDS SUMMARY IN
and enforcement of awards
Yes, a petition for recognition and dealt with summarily in
be heard
brought before the court shall
ADR Rules. (Article 4.42)
accordance with the Special
PARTY DIES AFTER

CONSEQUENCE WHEN A
16.13 WHAT IS THE ARBITRATE?
OR A CONTRACT TO
MAKING A SUBMISSION
submission or a contract to
after making a
Where a party dies
may be begun
in these Rules, the proceedings
arbitrate as prescribed his/her executor or
the application of, or notice to,
or continued upon estate.
a d m i n i s t r a t o r of his/her
administrator, or temporary
In any such case, the court may issue an order

time within which notice
must be served. Upon
of a motion to
extend.
recognize vacate an
or exteanndinawag t
recognizing award, where a partyy ha
an
has die
since it was filed or delivered, the court
must enter judgment
name of the
original party; and the proceedingS thereupon a in in th
same as where a
party dies after a verdict. Are th
(Article 4.43)
16.14 WHAT RULES SHALL GOVERN A
MULTI-PARTY ARBITRA
TION?
When a single arbitration involves more than two
foregoing rules, the extent possible, shall be used,
to parties, th
modifications consistent with this subject to such
Chapter as the arbitral
shall deem
appropriate to address possible complexities of atribuna
multi.
party arbitration. (Article 4.44)
16.15 MAY THE PARTIES

AGREE TO CONSOLIDATE PROCEED
INGS AND CONCURRENT
HEARINGS?
Yes, the parties and the arbitral
tribunal may agree-
(a) that the arbitration
with other arbitration proceedings shall be consolidated
proceedings; or
(b) that concurrent
may be agreed. hearings shall be held, on such terms as
Unless the parties agree to confer such power on

tribunal, the tribunal has no
power to order
the arbitral
tion proceedings or concurrent consolidation of arbitra
hearings. (Article 4.45)
16.16 DISCUSS THE COSTS OF
TRIBUNAL'S AWARD. ARBITRATION IN THE ARBITRAL
Article 4.46 provides:
a) The arbitral tribunal shall fix
tion in its award. The term "costs" the costs of
include arbitra-
only:
)The feesof the arbitral tribunal
separately as to each arbitrator andto tobebestated
by the tribunal itself in fixed
accordance
paragraph (b) of this Article; with the
(ii) The travel and other expenses
arbitrators; incurred by the
iii) The costs of expert advice and of
other assis.
tance required by the arbitral
tribunal:
107
PARTI
Implementing Rules and Regulations of the Alternative
Chapter Three-
of witnesses to
1v) The travel and other expenses
the
extent such expenses are approved by
the
arbitral tribunal;
(v) The costs for legal representation

and assis
were
tance of the successful party if such costs
and
claimed during the arbitral proceedings,
to the extent that the
arbitral tribunal
only costs 1s
determines that the amount of such
reasonable; and
autho-
of the appointing
(v1) Any fees and expenses
rity.
be reasonable
(b)
b) The fees of the arbitral tribunal shall
the com-
in amount, taking into account the amount in dispute,
arbitrators
the time spent by the
plexity of the subject matter, the case.
circumstances of
and any other relevant
by the
If an appointing authority has been agreed upon
schedule of fees for
parties and if such authority has issued a
which it administers, the

arbitrators in international cases
schedule of
tribunal in fixing its fees shall take that
arbitral in
account to the extent that it considers appropriate
fees into
the circumstances of the
case.
not issued a schedule

has
If such appointing authority
international cases, any party may,
of fees for arbitrators in to furnish a
time request the appointing authority
at any which is
basis for establishing fees
statement setting forth the
international c a s e s in which
the autho.
customarily followed in
arbitrators. If the appointing
authority consents
rity appoints arbitral tribunal, in fixing its
to such a statement, the
provide the extent
information into account to
fees, shall take such
circumstances of the c a s e .
that it considers appropriate in the
sub-
in the second and third
In c a s e s referred to
a party so
(6) of this Article, when
paragraphs of paragraph the
and the appointing authority consents to perform
requests
arbitral tribunal shall
fix its fees only after con-
function, the
sultation with the appointing
authority which may make any
to the arbitral tribunal concern-
comment it deems appropriate
ing the fees.
of this
in the next sub-paragraph
(d) Except as provided be borne
arbitration shall, in principle,
paragraph, the costs of
by the unsuccessful party. However, the arbitral tribunal

ma
apportion each of such costs between the parties if it des
mines that apportionment is reasonable, taking into acco
the circumstances of the case.
With respect to the costs of legal representation
assistance referred to in paragraph (c) of paragraph (a) Gi and
this Article, the arbitral tribunal, taking into account the of
cumstances of the case, shall be free to determine which na
shall bear such costs or may apportion such costs between +
parties if it determines that appointment is reasonable. the
When the arbitral tribunal issues an order for the termi
nation of the arbitral proceedings or makes an award on agreed
terms, it shall fix the costs of arbitration referred to in para.
graphs (b), (c) and (d) of this Article in the context of that order
or award.
(e) The arbitral tribunal, on its establishment, mav

request each party to deposit an equal amount as an advance for
the costs referred to in paragraphs (1), (i) and (1ii) of paragraph
(a) of this Article.
During the course of the arbitral proceedings, the arbitral
tribunal may request supplementary deposits from the parties.
If an appointing authority has been agreed upon by the
parties and when a party so requests and the appointing au
thority consents to perform the function, the arbitral tribunal
shall fix the amounts of any deposits or supplementary depo-
sits only after consultation with the appointing authority which
may make any comments to the arbitral tribunal which it
deems appropriate concerning the amount of such deposits ana
supplementary deposits.
If the required deposits are not paid in full within 39 days
alter receipt of the request, the arbitral tribunal shall so inform
the parties in order that the
required payment may be made.
such payment is not made, the arbitral
tribunal may order tu
suspension or termination of the arbitral proceedings.
After the award has been made, the arbitral tribunal shall
render an accounting to the and
parties of the deposits receivea a"
return any unexpended balance to the
parties."
PARTI 109
Chapter 5
DOMESTIC ARBITRATION
RULE 1 General Provisions
17.00 WHAT IS THE SCOPE OF APPLICATION OF DOMESTIC ARBI

TRATION IN CHAPTER 5?
The scope of application of Domestic Arbitration in Chapter

includes:
(a) Domestic arbitration, which is not international as
defined in paragraph C8 of Article 1.6 shall continue to be go
verned by R.A. No. 876, otherwise known as "The Arbitration
Law," as amended by the ADR Act. Articles 8, 10, 11, 12, 13,
14, 18, and 19, and 29 to 32 of the Model Law and Sections
domestic
22 to 31 of the ADR Act are specifically applicable to
arbitration.
In the absence of a specific applicable provision, all

other
be
rules applicable to international commercial arbitration may
in suppletory manner to domestic arbitration.
applied a
This Chapter shall apply to domestic arbitration

(b)
in Section 21 of
whether the dispute is commercial, as defined
arbitrator who is a pri-
the ADR Act, or non-commercial, by an
to hear and resolve
vate individual appointed by the parties
That, although
their dispute by rendering an award; Prouvided, continue to
a construction dispute commercial, it shall
may be
rules promul-
be governed by E.0. No. 1008, s.1985 and the
Commission.
gated by the Construction Industry Arbitration
submit to arbi-
persons or parties may
(c) Two or more
arbitrators any controversy existing
tration by one or more
submission and which may be
between them at the time of the
contract may in
action; or the parties to any
the subject of an
arbitration a controversy there
such contract agree to settle by
Such submission or contract shall
after arising between them.
save upon such grounds
be valid, enforceable and irrevocable, contract.
revocation of any
as exist at law for the
contract may include questions arisingg

Such submission or
or other
controversies which may
out of valuations, appraisals
or subsequent to any dispute
be collateral, incidental, precedent
between the parties.
A controversy cannot be arbitrated where one of the na

to the controversy is an infant, or a person judicially declares
be incompetent, unless the appropriate court having jurisdict
tion
approved a petition for permission to submit such controvere.n
controvers
arbitration made by the general guardian or guardian ad litem
m of
the infant or of the incompetent.
But where a person capable of entering into a submission
or
contract has knowingly entered into the same with a person ine
pable of so doing, the objection on the ground ot incapacity can be
inca-
taken only in behalf of the person so incapacitated. (Article 5.1)
17.01 HOW SHOULD THE DELIVERY OF WRITTEN COMIMUNICA.

TION BE MADE?
The delivery of written communication can be made through
the following:
(a)Except as otherwise agreed by the parties, a written
communication from one party to the other or to the arbitra-
tor or to an arbitration institution or from the arbitrator or
arbitration institution to the parties shall be delivered to the
addressee personally, by registered mail or by courier serviçe.
Such communication shall be deemed to have been received
on the date it is delivered at the addressee's address of record,
place of business, residence or last known address. The com-
munication, as appropriate, shall be delivered to each party
to the arbitration and to each arbitrator, and, in institutional
arbitration, one copy to the administering institution.
(b) During the arbitration proceedings, the arbitrator
may order a mode of delivery and a rule for receipt of written
communications different from that provided in paragraph
of this Article.
(c) If a party is represented by counsel or a represent
tive, written communications for that party shall be delivero
to the address of record of such counsel or representative.
(d) Except as the parties may agree or the arbitrato
deli-
may direct otherwise, a written communication may D c h
vered by electronic mail or facsimile transmission or Dynd
other means that will provide a record of the sendind
receipt thereof at the recipient's mailbox (electronic e d
Such communication shall be deemed to have been reh
on the same date of its transmittal and
receipt in the ma
(electronic inbox). (Article 5.2)
111
PARTI
Chapter Three- Implementing Rules and Regulations ofthe Alternative
RIGHT
17.02 WHEN IS A PARTY DEEMED TO HAVE WAIVED HIS
TO OBJECT?
The following constitutes a waiver of right to object:

(a) A party shall be deemed to have waived his right
to object to non-compliance with any non-mandatory provision
of these Rules (from which the parties may derogate) or any
requirement under the arbitration agreement when:
he/she/it knows of such non-compliance; and
(i) proceeds with the arbitration without stating
his/herits objections to such non-compliance
without undue delay or if a time-limit is pro-
vided therefor, within such period of time.
(b) If is required or allowed to be done under

an act
of
this Chapter, unless the applicable rule or the agreement
the parties provides a different period for the act to be done,
it shall be done within a period of 30 days from the date when
such act could have been done with legal effect. (Article 5.3)
17.03 DOES A COURT HAVE THE RIGHT TO INTERVENE?
In matters governed by this Chapter, no court shall intervene

except in accordance with the Special ADR Rules. (Article 5.4)
17.04 WHAT OTHER FUNCTIONS MAY BE PERFORMED BY THE

Article 5.5 entitled "Court or Other Authority for Certain Func-

tions of Arbitration Assistance and Supervision" provides:
The functions referred to in paragraphs (c) and (d) of
Article 5.10 (Appointment of Arbitrators), paragraph (a) of
Article 5.11 (Grounds for Challenge), and paragraph (a) of
Article 5.13 (Failure or Impossibility to Act), shall be performed
the latter shall fail or
by the appointing authority, unless
refuse to act within thirty (30) days from receipt of the request
in which case, the applicant may renew the application with
the court." (Article 5.5)
RULE 2- Arbitration Agreement

18.00 WHAT IS THE FORM OF AN ARBITRATION AGREEMENT?
An arbitration agreement shall be in writing. An agreement is
in writing if it is contained in a document signed by the parties or
112 THE ALTERNATIVE DISPUTE RESOLUTIOON
in an exchange of letters, telex, telegrams

other means of
or
tal
communication which provide a record of the agreement, or in tele
a
exchange of statements of claim and defense in which the existen
of an agreement is alleged by one party and not denied by the otho tence
The reference in a contract to a document containing an arbitratio er
clause constitutes an arbitration agreement provided that the con
tract is in writing and the reference is such as to make that clan
se
part of the contract. (Article 5.6)
18.01 MAY APARTY REQUEST THE COURT TO STAY THE ACTION

AND REFER THE DISPUTE TO ARBITRATION?
A party to an action may request the before which it is
court
pending to stay the action and to refer the dispute to arbitration in
accordance with their arbitration agreement not later than the pre.
trial conference. Thereafter, both parties may make a similar
request
with the court. The parties shall be referred to arbitration unless
the
court finds that the arbitration agreement is null and void,
inopera.
tive or incapable of being performed. (Article 5.7a)
Where an action referred to in paragraph (a) of this Article has
been brought, arbitral proceedings may nevertheless be commenced
or continued, and an award
may be made, while the issue is pending
before the court. (Article 5.7b)
18.02 WHAT MUST THE COURT DO WHEN THE ACTION IS
COMMENCED BY OR AGAINST MULTIPLE PARTIES, ONE
OR MORE OF WHOM ARE PARTIES TO AN
ARBITRATION
AGREEMENT?
Where the action is commenced by or against multiple parties,
one or more of whom are parties to arbitration
court shall refer to arbitration those
an
agreement, the
parties who are bound by the
arbitration agreement although the civil action
may continue as to
those who are not bound by such arbitration
agreement. (Article 5.1)
18.03 MAY A PARTY REQUEST FOR AN INTERIM MEASURE OF
PROTECTION?
Yes, it is not incompatible with an arbitration
party to request from a court, before the constitutionagreement
for a
of the arbitral
tribunal or during arbitral proceedings, an interim measure ol
protection and for a court to grant such measure.
PARTI 113
After the constitution of the arbitral tribunal and during
arbitral proceedings, a request for an interim measure of protection,
or modification thereof, may be made with the arbitral tribunal or to
the extent that the arbitral tribunal has no power to act or is unable
to act effectively, the request may be made with the court. (Article
5.8, pars. a and b)
18.04 WHAT ARE THE RULES ON INTERIM OR PROVISIONAL

RELIEF THAT MUST BE OBSERVED?
The following rules on interim or provisional relief shall be
observed:
) Any party may request that interim or provisional relief

be granted against the adverse party.
(i) Such relief may be granted:
(aa) To prevent irreparable loss or injury;
obli-
gation;
(cc) To produce or preserve evidence; or
omissions.
(dd) To compel any other appropriate act or
conditioned
(ii) The order granting provisional relief may be
or any act or omission spe
upon the provision of security
cified in the order.
or provisional relief requested by

is written appli-
(iv) Interim
cation transmitted by reasonable means to the arbitral1
sought,
relief is des-
tribunal and the party against whom
detail of the precise relief, the party
cribing in appropriate the ground for the
against whom the relief requested,
is
the request.
and the evidence supporting
relief,
or denying an application
for
(v) The order either granting
upon the parties.
interim relief shall be binding
with the court for assistance in
Either party may apply
(vi) a n interim
m e a s u r e ordered by
implementing or enforcing
order shall be liable
not comply with the
(vii) A party who does including
resulting from noncompliance,
for all damages, in ob-
reasonable attorney's fees, paid
all expenses, and
enforcement.
order's judicial
taining the
18.05 WHAT ARE THE MATTERS DEEMED INCLUDED

IN t
INTERIM MEASURES OF PROTECTION? THE
Unless otherwise agreed by the parties, the arbitral tribUna
may, at the request of a party, order any party to take such inter
measures of protection as the arbitral tribunal may consider terim
neces
sary in respect of the subject matter of the dispute following
the
Rules in this Article. Such interim measures may include but sho
not be limited to preliminary injunction directed against a part
appointment of receivers or detention, preservation, inspection party,
property that is the subject of the dispute in arbitration. Eith
of
er
party may apply with the court for assistance in implementing
or enforcing an interim measure ordered by an arbitral tribuno
(Article 5.8)
RULE 3-Composition of Arbitral Tribunal
19.00 HOW MANY ARBITRATORS MUST CONSTITUTE AN ARBL
TRAL TRIBUNAL?
The parties are free to determine the number of arbitrators,
Failing such determination, the number of arbitrators shall be three.
(Article 5.9)
19.01 WHO MAY BE APPOINTED AS ARBITRATOR?
Any person appointed to serve as an arbitrator must be of legal
age, in full enjoyment of his/her eivil rights and knows how to read
and write. No person appointed to serve as an arbitrator shall be
related by blood or marriage within the sixth degree to either party
to the controversy. No person shall serve as an arbitrator in any
pro
ceeding if he/she has or has had financial, fiduciary or other interest
in
the controversy or cause to be decided or in the result of the pro-
ceeding, or has any personal bias, which might prejudice the right of
any party to a fair and impartial award.
No party shall select as an arbitrator any person to act as his

her champion or to advocate his/her cause. (Article 5.10, par. a)
19.02 WHAT IS THE PROCEDURE IN THE APPOINTMENT OF ARB

TRATOR OR ARBITRATORS?
Under paragraph b of Article 5.10, the parties arefree to ag
on a procedure of appointing the arbitrator or arbitrators. If, in the
contract for arbitration or in the submission, a provision is made for
a method of appointing an arbitrator or arbitrators, such metno
shall be followed.
PARTI 115
Chapter Three-Implementing Rules and Regulations of the Alternative
Failing such agreement,
() in an arbitration with three arbitrators, each party shall

appoint one arbitrator, and the two arbitrators thus
appointed shall appoint the third arbitrator; if a party
fails to appoint the arbitrator within 30 days of receipt
of a request to do so from the other party, or if the two
arbitrators fail to
agree on the third arbitrator within 30
days of their appointment, the appointment shall be made,
upon request of a party, by the appointing authority;
(i) in an arbitration with a sole arbitrator, if the parties are

unable to agree on the arbitrator, he/she shall be appointed,
upon request of a party, by the appointing authority.
(Article 5. 10, par. c)
Where, under an appointment procedure agreed upon by the
parties,
) a party fails to act or appoint an arbitrator as required
under such procedure;
the parties, or two arbitrators, are unable to appoint an
(i)
arbitrator or reach an agreement expected of them under
such procedure;
(ii) a third party, including an institution, fails to appoint an
arbitrator or to perform any function entrusted to it under

such procedure, or
claimants the multiple respondents is/are

(iv) the multiple or
unable to appoint its/their respective arbitrator, any party

to appoint an arbi-
may request the appointing authority
trator.
authority shall
In making the appointment, the appointing
counsel to appear before
Summon the parties and their respective
set by it, for the purpose
said authority on the date, time and place
arbitrator. If a sole arbitrator is
of selecting and appointing a sole
the meeting does not take place
not appointed in such meeting, or
both parties despite due notice,
because of the absence of either or
the sole arbitrator. (Article
the appointing authority shall appoint
5.10, par. d)
arbitrator is objected to by a
If the appointment of an
default
default appointment is to be made, and
party on whose behalf the
authority for additional
the defaulting party requests the appointing
time to appoint his/her arbitrator, the appointing authority, has.

regard to the circumstances, may give the requesting party not
than 30 days to make the appointment. more
If the objection of a party is based on the ground that the.
did not fail to choose and appoint an arbitrator for the arbitrypar
bunal, there shall be attached to the objection the appointment
an arbitrator together with the latter's acceptance therenf
curriculum vitae. Otherwise, the appointing authority shall anns
the arbitrator for that party. (Article 5.10, par. e) appoint
In making a default appointment, the appointing authoi
ty
shall have regard to such considerations as are lhkely to secure the
the
appointment of an independent and impartial arbitrator. In ord
to achieve speedy and impartial justice and to moderate thecostto
arbitration, in choosing an arbitrator, the appointing authority shall
give preference to a qualified person who has a place of residenn
ce
or business in the same general locality as the agreed venue of the
arbitration and who is likely to accept the arbitrator's fees agreed
upon by the parties, or as fixed in accordance either with the internal
guidelines or the schedule of fees approved by the administerin
institution or by the appointing authority. (Article 5.10, par. f)
The appointing authority shall give notice in writing to the
parties of the appointment made or its inability to comply with the
Request for Appointment and the reasons why it is unable to do so, in
which later case, the procedure described under Article 5.5 (Court or
Other Authority for Certain Functions of Arbitration Assistance and
Supervision) shall apply. (Article 5.10, par. g)
Adecision on a matter entrusted by this Article to the appointing
authority shall be immediately executory and not subject to appeal
or motion for reconsideration. The
appointing authority shallbe
deemed to have been given by the parties discretionary authority in
making the appointment but in doing so, the appointing authority
shall have due regard to any qualification or of
disqualification an
arbitrator/s under paragraph (a) of Article 5.10 (Appointment of
Arbitrators) as well as any qualifications required of the arbitrator's
by the agreement of the parties and to such considerations as ar
likely to secure the appointment of an independent and impartiai
arbitrator. (Article 5.10, par. h)
The chairman of the arbitral tribunal shall be selected
u
accordance with the agreement of the parties and/or the rules agreed
PARTI
Three- 117
ter
Implementing Rules and Regulations of the Alternative
or,
in default thereof, by the arbitrators
upo par. i)
5.10, appointed. (Article
clause giving one of the agreement, if otherwise

Any
shall
valid,by
nstrued as permitting the appointment of one arbitrator all
Dmants and one arbitrator by all respondents. The third arbitrator
c l a i m a n t s .
all be appointe
as
provided above.
Tf all the claimants or
all the
respondents cannot decide among
homselves on an arbitrator, the appointment shall be made for them
by the appointing authority. (Article 5.10, par. j)
The appointing authority may adopt guidelines for the making
ofa Request for AppOintment. (Article 5.10, par. k)
Except as otherwise provided in the guidelines of the appoint-
ing authority, if any, a Request for Appointment shall include, as
applicable, the following:
) the demand for arbitration;
i) the name/s and curricula vitae of the appointed arbitra-

tor/s
ii) the acceptance of his/her/its appointment of the appointed
arbitrator/s;
(iv) any qualification or disqualification of the arbitrator as
provided in the arbitration agreement;
(v) an executive summary of the dispute which should indicate

the nature of the dispute and the parties thereto;
corporate party;
(vi) principal office and officers of a
counsel for the party/ies; and
(v) the person/s appearing as
arbitrator's fees where there is

an
(vii) information about
with respect thereto.
agreement between the parties
shall include such
request
In institutional arbitration, the institution
particulars as the administering
rther information or
shall require. (Article 5.10, par. )

be delivered to the
A of the Request for Appointment shall
copy
such delivery shall be included in, and shall
cVerse party. Proof of
filed with the appointing
form of, the Request for Appointment
authority. (Article 5.10, par. m)
for Appointment is
party upon
whom a copy of the Request
its receipt, file with the
seven days of
n c a t e d may, within
appointing authority his/herfits objection/s to the request or ask f

extension of time, not exceeding 30 days from receipt of the re
for a
to appoint an arbitrator or act in accordance with the proce
agreed upon or provided by these Rules. (Article 5.10, par. m)
Within the aforementioned periods, the party seeking
extension shall provide the appointing authority and the adve the
verse
party with a copy of the appointment of his/her arbitrator, the latter
curriculum vitae, and the latter's acceptance of the appointment ters
the event that the said party fails to appoint an
Inn
arbitrator
within
period, the appointing authority shall make the default appointment
said
(Article 5.10, par. n)
An arbitrator, in accepting an appointment, shall include n
his/her acceptance letter, a statement that:
) he/she agrees to comply with the applicable
law, the
arbitration rules agreed upon by the parties, or in
thereof, these Rules, and the Code of Ethics for
default
trators in Domestic Arbitration, if any;
Arbji.
ii) he/she accepts as
compensation the arbitrator's fees
agreed upon by the parties or as determined in accordance
with the rules agreed upon by the
parties, or in default
thereof, these Rules; and
1i) he agrees to devote as much time and attention to the
arbitration as the circumstances may
achieve the objective of a
require in order to
speedy, effective and fair reso-
lution of the dispute. (Article 5.10,
par. o)
19.03 WHAT ARE THE GROUNDS TO
TOR?
CHALLENGE AN ARBITRA
(a) When a person is approached in
possible appointment as an arbitrator, he/sheconnection with his/her
circumstance likely to give rise to shall disclose any
justifiable doubts as to his/her
impartiality, independence, qualifications and
arbitrator, from the time of his/her disqualifications. An
appointment and
the arbitral
proceedings, shall without delay, disclosethroughout
circumstances to the parties unless any suen
of them by him/her. they have already been informeu
A person, who is
the disclosure made in
appointed as an arbitrator notwithstanding
accordance with this Article, shall
disclosure to writing and provide a reduce the
all parties in the arbitration. copy of such
written disclosure
PARTI 119
(b) An arbitrator may be challenged only if:
) Circumstances exist that give rise to justifiable
doubts as to his/her
impartiality or independence;
i) he/she does not possess qualifications as provided for
in this Chapter or those agreed to by the parties,
(1) he/she is disqualified to act as arbitration under
these Rules;
iv) he refuses to respond to questions by a party regard-
ing the nature and extent of his professional dealings
with a party or its counsel.
(c) If, after appointment but before or during hearing, a person

appointed to serve as an arbitrator shall discover any circumstances
likely to create a presumption of bias, or which he/she believes might
disqualify him/her as an impartial arbitrator, the arbitrator shall im-
mediately disclose such information to the parties. Thereafter, the
parties may agree in writing:
to waive the presumptive disqualifying circums-
)
tances; or
Gi) to declare the office of such arbitrator vacant. Any
such vacancy shall be filed in the same maner the
original appointment was made.
After initial disclosure is made and in the course of the
(d)
arbitration proceedings, when the arbitrator discovers circumstances
that are likely to create a presumption of bias, he/she shall imme
dis-
diately disclose those circumstances to the parties. A written
is not where it is made during the arbitration and it
required
closure
appears in a written record of the arbitration proceedings.
An arbitrator who has or has had financial or professional
(e)
dealingswith a party to the arbitration or to the counsel of either
to the parties, and shall,
party shall disclose in writing such fact
in good faith, promptly respond to questions from a party regarding
the nature, extent and age of such financial or professional dealings.
(Article 5.11)
19.04 WHAT IS THE PROCEDURE TO CHALLENGE AN ARBITRA
TOR?
The procedure to challenge an arbitrator is as follows:
free to agree on a procedure for chal.
(a) The parties are to the provisions of paragraph (c)
lenging an arbitrator, subject
of this Article.
AND THE ARBITRATION LAWw
(b) Failing such agreement, a party who intends to chal

lenge an arbitrator shall, within 15 days after becoming au chal.
aware
of the constitution of the arbitral tribunal or after becom
aware of any circumstance referred to in paragraph
Article 5.11 (Grounds for Challenge), send a written stateme.of
of the reasons for the challenge to the arbitral tribunal. Unla.
the challenged arbitrator withdraws from his/her tribu
ofice orshall
the
ne
other party agrees to the challenge, the arbitral
decide on the challenge.
(c) If a challenge under any procedure agreed upon
by the parties or under the procedure of paragraph (b) of this
Article is not successful, the challenging party may request
the appointing authority, within 30 days after having received
notice of the decision rejecting the challenge, to decide on the
challenge, which decision shall be immediately executory and
not subject to appeal or motion for reconsideration. While
such a request is pending, the arbitral tribunal, including the
challenged arbitrator, may continue the arbitral proceedings
and make an award.
(d) Ifa request for inhibition is made, it shall be deemed
as a challenge.
(e) A party may challenge an arbitrator appointed by
him/her/it, or in whose appointment he/shelit has participated,
only for reasons of which he/shelit becomes aware after the
appointment has been made.
) The challenge shall be in writing and it shall state
specific facts that provide the basis for the ground relied upon
for the challenge. A
challenge shall be made within 15 days
from knowledge by a party of the existence of a ground for a
challenge or within 15 days from the rejection by an arbitrator
of a party's request for his/her
inhibition.
(g) Within 15 days of receipt of the
challenge, the cha
llenged arbitrator shall decide whether he/she shall accept
challenge or reject it. If he/she accepts the challenge, the
shall voluntarily withdraw as arbitrator. If he/she rejects helsne
it, he
she shall communicate, within the
same period of time,
rejection of the challenge and state the facts and argumenhis/ne
relied upon for such rejection.
(h) An arbitrator who does not accept the challenge sha"
be given an opportunity to be heard.
Chapter 'Three- PARTI
Implementing
Dispute
Rules and
Regulations of the
121
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()
arbitrator, Notwithstanding
the
parties
the rejection of the
challenge by the
agree to the may, within the same 15
challenge. days period,
) In default of an
the agreement of the parties to
challenge thereby replacing
bunal shall decide on the the agree on
arbitrator, the
arbitral tr-
of the challenge. challenge within 30 days from receipt
If the
challenge
parties or as provided in thisprocedure as
agreed upon by the
or the arbitral tribunal shall Article is not successful, or a party
decline to act, the
party may request the appointing challenging
on the authority in writing to decide
challenge within 30 days after
the decision rejecting the having received notice o
challenge. The appointing authority
shall decide on the challenge within 15 days from receipt of
the request. If the
appointing authority shall fail to act on the
challenge within 30 days from the date of its receipt or within
such further time as it may fix, with notice to
the parties, the
requesting party may renew the request with the court.
The request made under this Article shall include the
challenge, the reply or explanation of the challenged arbitrator
and relevant communication, if any, from either party, or from
the arbitral tribunal.
Every communication required or agreement made
under this Article in respect of a challenge shall be delivered,
as appropriate, to the challenged arbitrator, to the parties,
to the remaining members of the arbitral tribunal and to the
institution administering the arbitration, if any.
(m) A challenged arbitrator shall be replaced if:
) he/she withdraws as arbitrator, or
(i) the parties agree in writing to declare the office
of arbitrator vacant, or
ii) the arbitral tribunal decides the challenge and

declares the office of the challenged arbitrator
vacant, or
(iv) the appointing authority decides the challenge
and declares the office of the challenged arbi-
trator vacant, or
(v in default of the appointing authority, the court

decides the challenge and declares the office of
challenged arbitrator vacant.
the
RESOLUTION
LAW
AND THE ARBITRATION
(n) The decision of the parties, the arbitral tribunal

th
appointing authority, or in proper cases, the court, to acen
or motion for re O
reject a challenge is not subject appeal
to
consi.
deration.
Until a decision is made to replace the arbitra
(o)
under this Article, the arbitration proceeding shall conti
notwithstanding the challenge, and the challenged arbitho
shall continue to participate therein as an arbitrator. Howe
ever,
ifthe challenge incident is raised before the court, becauset.
the
parties, the arbitral tribunal or appointing authority faild
or refused to act within the period provided in paragranh.
g) and (k) of this Article, the arbitration proceeding shall be
suspended until after the court shall have decided the incident
The arbitration shall be continued immediately after the cou
has delivered an order on the challenging incident. It the court
agrees that the challenged arbitrator shall be replaced, the
parties shall immediately replace the arbitrator concerned.
(p) The appointment of a substitute arbitrator shall be
made pursuant to the procedure applicable to the appointment
of the arbitrator being replaced. (Article 5. 12)
19.05 WHAT ARE THE CONSEQUENCES IF THERE IS FAILURE OR

IMPOSSIBILITY TO ACT?
(a) If an arbitrator becomes de jure or de facto unable to
perform his/her functions or for other reasons fails to act without
undue delay, his/her mandate terminates if he/she withdraws from
his/her office or if the parties agree on the termination. Otherwise,
if a controversy remains concerning any of these grounds, any party
may request the appointing authority to decide on the termination ot
the mandate, which decision shall be immediately executory and not
subject to appeal or motion for reconsideration.
(b) If, under this Article or Article 5.12 (Challenge Procedure),

an arbitrator withdraws from his/her office or a party agrees to
termination of the mandate of an arbitrator, this does not imply
the
acceptance of the validity of any ground referred to in this Article
5.12. (Article 5.13)
19.06 WHEN IS THE APPOINTMENT OF A SUBSTITUTE ARBITRA*

TOR PROPER?
Where the mandate of an arbitrator terminates under Articles
5.12 (Challenge Procedure) or 5.13 (Failure or Impossibility) or
Chapter Three- PARTI
Implementing Rules and 123
of
of the Alternative
of his 2004
because
offthe
t
withdrawal from
revocation of his mandate office for any other reason or becausee
by
other case of termination of his/heragreement of the parties or in any
mandate, a substitute arbitrator
shall be appointed according to the rules
being replaced. (Article 5.14) applicable to the arbitrator
RULE 4-Jurisdiction of Arbitral Tribunal
20.00 WHAT ARE THE GROUNDS FOR
JURISDICTION OF THE ARBITRAL TRIBUNAL?OBJECTION OVER THE
(a) When a demand for arbitration made a
pute is objected to by the adverse party, the by party to a dis-
arbitral tribunal shal1,
in the first instance, resolve the objection when made on
any of the
following grounds:
the arbitration agreement is in existent, void, unen-
forceable or not binding upon a person for any rea-
son, including the fact that the adverse party is not
privy to said agreement;
(i) the dispute is not arbitrable or is outside the scope of
the arbitration agreement, or
ii) the dispute is under the original and exclusive juris
diction of a court or quasi-judicial body. (Article 5.15
par. a)
(b)If a party raises any of the grounds for objection, the same
shall not preclude the appointment of the arbitrator/s as such issue
is for the arbitral tribunal to decide.
The participation of a party in the selection and appointment of
an arbitrator and the filing of appropriate pleadings before the arbi
tral tribunal to question its jurisdiction shall not be construed as a
waiver of
Submission to the jurisdiction of the arbitral tribunal or of a
his/her/its right to assert such grounds to challenge the jurisdiction
award.
of the arbitral tribunal or the validity of the resulting
in the arbitration may invoke any such
(c) The respondent
court the existence, validity, or en-
grounds to question before the
the invoke the
agreement, or propriety of the arbi-
orceability of the arbitration
of the arbitrator and pendency
tration, the jurisdiction
or
of the arbitration proceeding.
of such action as ground for suspension circumstances of the case,
to the
The arbitraltribunal, having regard of the dispute,
the need for the early and expeditious settlement
and raised to question its jurisdic-
n light of the facts and arguments
the a r b i t r a t i o n until the court has
decide either to suspend
1on, may continue with arbitration.
made a decision on the issue or
(d) If a dispute is, under an arbitration agreement.

mitted to arbitration, but before to be sub.
arbitration 1s
commencedes
it is pending, a party files an action before the court
which i
or includes as a cause of action the dispute that is to
the filing of such action

be subm mbodie
arbitration not prevent the
shall coted
+he
ment of the arbitration or the continuation of the arbitrati
the award is issued. (Article 5.15) arbitrationmence
unti
unti/
20.01 CAN AN ARBITRAL TRIBUNAL ORDER INTERIM
SURES? IM MEA
Unless otherwise agreed by
the parties, the arbitral t i l
may, at the request of a party, order any party to take such into
ke such inter ribunal
measures of protection a s the arbitral tribunal may
consider nee
ssary in respect of the subject matter of the dispute following the rules
ml
in this Article. Such interim measures may include, but
shall not h
limited to preliminary injunction directed against a
party, appoint.
ment of receivers or detention preservation, inspection of
proDert
that is the subject of the dispute in arbitration. (Article
5.15, par. a
20.02 WHEN MAY A REQUEST FOR INTERIM MEASURES OF
PROTECTION BE MADE?
After the constitution of the arbitral tribunal, and during
arbitral proceedings, a request for interim measures of protection,
or modification thereof, shall be made with the arbitral tribunal
The arbitral tribunal is deemed constituted when the sole
arbitrator
or
the third arbitrator, who has been nominated,
nomination and written communication of said nomination and
has accepted the
acceptance has been received by the party making the request.
(Article 5.15, par. b)
20.03 WHAT ARE THE RULES ON INTERIM OR PROVISIONA
RELIEF THAT MUST BE OBSERVED?
The following rules on interim or provisional relief shall
observed:
rim
i) Any party may request that the provisional or
relief be granted against the adverse party.
ii) Such relief may be granted:
(bb) To provide security for the performance ot a
tion;
Chabter
PARTI
Three- Implementing Rules 125
and
of 2004
of the Alternative
(cc) To produce or preserve evidence; or
(dd) To
compel any other appropriate act or
omissions.
(i) The order granting provisional relief be conditioned
upon the provis1on of security or may
specified in the order. any act or omission
(iv) Interim provisional relief is requested by written ap-

or
plication transmitted by reasonable means to the arbitral

tribunal and the party against whom relief is
sought, des-
cribing in appropriate detail the precise relief, the party
against whom the relief is requested, the ground for the
relief and the evidence supporting the request.
()The order either granting or denying an application for
interim relief shall be binding upon the parties.
(vi) Either party may apply with the court for assistance
implementing or enforcing an interim measure ordered by
(vii) A party who does not comply with the order shall be liable
for all damages, resulting from noncompliance, including
all expenses, and reasonable attorney's fee paid in obtain
ing the order's judicial enforcement. (Article 5.16, par. e)
RULE 5- Conduct of Arbitral Proceedings

21.00 DISCUSS THE CONDUCT OF ARBITRAL PROCEEDINGs.
a. On Equal Treatment of Parties
The parties shall be treated equally and each party
of presenting his/herlits
full opportunity
shall be given a
case. (Article 5.17)

b. On Determination of Rules of Procedure
the provisions of Rules, the parties
these
(a) Subjected to
on the procedure
to be followed by
are free to agree
the proceedings.
the arbitral tribunal in conducting
the tribunal may
arbitral
(b) Failing such agreement,
of the ADR Act, conduct the
subject to the provision
manner as it considers appropri-
arbitration in such
conferred upon the
arbitral tribunal
ate. The power determine admissibility, rele
to
includes the power (Article 5.18)
vance,
materially and weightofevidence.
DISPUTE RESOLUTION
126 THE ALTERNATIVE
ARBITRATION LAW
AND THE
C. On Place of Arbitration
The parties are free to agree on the place of a
(a) tion. Failing such agreement, the place of arbita
shall be in Metro Manila unless the arbitral
nal, having regard to the circumstances of th u
including the convenience of the parties, shall acase
on a different place of arbitration. ecide
(b) The arbitral tribunal may, unless otherwise agr
by the parties, meet at any place it considers ann agreed
priate for consultation among its members, forappro-
hea
ear.
ing witnesses, experts or the parties, or for inspecti
of goods, other property or documents. (Article 5 1
9)
d. On Commencement of Arbitral Proceedings
(a) Where there is a prior arbitration agreement bet.

ween the parties, arbitration is deemed commenced
as follows:
In institutional arbitration, arbitration is com
menced in accordance with the arbitration rules
of the institution agreed upon by the parties.
(ii) In ad hoc arbitration, arbitration is commenced

by the claimant upon delivering to the respon-
dent a demand for arbitration. A demand may
be in any form stating:
(aa) the name, address and description of each
of the parties;
(bb) a description of the nature and circumstan
ces of the dispute giving rise to the claim;
(cc) a statement of the relief sought, including
the amount of the claim;
(dd) the relevant agreements, if any, including
the arbitration agreement, a copy of whicn
shall be attached; and
(ee) appointment of arbitrators and/or demana
to appoint.
(b)
(b) If the arbitration agreement provides for the appoin
ment of a sole arbitrator, the demand shall incluae
an invitation of the claimant to the respondent
meet and agree upon such arbitrator, the place, ti
PART I
127
of 2004
of the Alternative
and date stated
therein which shall not be less than
30 days from
receipt of the demand.
(c) If thearbitration agreement
provides for the estab
lishment of an arbitral tribunal of three
the demand shall name the arbitrators,
arbitrator appointed by the
claimant. It shall include the curriculum
vitae of the
arbitrator appointed by the claimant and the latter's
acceptance of the appointment.
(d) Where there is no prior arbitration
bitration
agreement, ar-
may be initiated by one party through a
demand upon the other to submit their dispute to
arbitration. Arbitration shall be deemed commenced
upon the agreement by the other party to submit the
dispute to arbitration.
(e) The demand shall require the respondent to name
his/her/its arbitrator within a period which shall not
be less than 15 days from receipt of the demand. This
period may be extended by the agreement ofthe
ties. Within said period, the respondent shall give a
written notice to the claimant of the appointment of
the respondent's arbitrator and attach to the notice
the arbitrator's curriculum vitae and the latter's
acceptance of the appointment. (Article 5.20)
e. On Language
the language or lan-
(a) The parties are free to agree on
the arbitral proceedings. Fail

guages to be used in
to be used shall
ing such agreement, the language
agreed, unless
be English or Filipino. The language/s
otherwise specified therein, shall be in all hearings
orders or other commu-
and all written statements,
the arbitral tribunal
nication by the parties and
order that any documen-
(b) The arbitral tribunal may
by a translation
tary evidence shall be accompanied
or languages agreed
upon by the
into the language of this
accordance with paragraph (a)
parties in
Article. (Article 5.21)
Defense
f. On Statement of Claim and
by the parties or
(a) Within theperiod of time agreed the claimant
determined by
the arbitral tribunal,
shall state the facts supporting his/her/its clain

points at issue and the relief or remedy sought he t
the respondent shall state his/her defense in re and
of these particulars, unless the parties may
otherwise agreed as to the required elements of
statements. The parties may submit with their t
ments all documents they consider to be
adda reference to the
relevanat
may
dence they will submit.
documents or
other e
b) Unless otherwise agreed by the parties, either

may amend or supplement his/her/its claim or part
fense durnng the course of the arbitral
unless the arbitral tribunal considers it
proceedine
ate to allow such amendments
inappropr.
having regard to th
delay in making it. (Article 5.22)
On Hearing and Written Proceedings
(a) In ad hoc arbitration, the procedure determined
the arbitrator, with the agreement of the
by
shall be followed. n institutional parties,
arbitration, the
applicable rules of procedure of the arbitration in
stitution shall be followed. In default of
agreement
of the parties, the arbitration
procedure shall be as
provided in this Chapter.
(b) Within 30 days from the appointment of the
arbitra
o r the constitution of an arbitral
tribunal, the ar
bitral tribunal shall call the
parties and their respec
tive counsels to a
pre-hearing conference to discuss
the following matters
) The venue or place/s where the arbitration pro-

ceeding may be conducted in an office space, a
business center, a function room or any suitable
place agreed upon by the parties and the arbl
traltribunal, which may vary per session/hear
ing/conference;
i) The manner of recording the
proceedings,
(111) The periods for the communication of the
ment of claims with or
stae
without counterclaims
and answer to the
counterclaim/s and the for
and contents of such
pleadings;
PART I
Chapter Three-Implementing Rules 129
Dispute ResolutionandActRegulations
of
of the Alternative
2004
(iv) The definition of
the issues
bitral tribunal submitted to the ar
for determination and
mary of the claims the sum-
and counterclaims
of the
parties;
(v) The manner
by which evidence may be offered
an oral hearing is required, the submission
of sworn
written statements in lieu of oral
testimony, the cross-examination and further
examination of witnesses;
(vi) The delivery of certain
such as
types of communications
pleadings, terms of reference, order
granting interim relief, final award and the like
that, if made by electronic or similar means,
shall require further confirmation in the form
of a hard copy or hard copies delivered
person-
ally or by registered post.
(vii) The issuance of subpoena or subpoena duces
tecum by the arbitral tribunal to compel the
production of evidence if either party shall or is
likely to request it;
(vii) The manner by which expert testimony will be
received ifa party will or is likely to request the
arbitral tribunal to appoint one or more experts,
and in such case, the period for the submission
to the arbitrator by the requesting party of the
proposed terms of reference for the expert, the
fees to be paid, the manner of payment to the
expert and the deposit by the parties or the
requesting party of such amount necessary to
cover all expenses associated with the referral
of such issues to the expert before the expert is
appointed;
(ix) The possibility of either party applying for an
either with ar-

order granting interim relief
the court, and, in such
bitral tribunal or with
case, the nature of the relief to be applied for:
The possibility of a site or ocular inspection, the

(x) such inspection, and in such case,
purpose of
inspection and
and time of the
the date, place
it, and the sharing
the manner of conducting
associated fees and expenses;
and deposit of any
130 THE ALTERNATTVE DISPUTE RESOLUTION
(xi) The amount t o be paid to the arbitral.

as fees and the associated costs,
charg
expenses of arbitration and the man tgesrbunaoand
a
timing of such payments; and manner ana
(xii) Such other relevant matters as the
the arbitral tribunal may consider rties
part
necesa n
provide for a speedy and efficient arbitrast
the dispute.
(c) To the extent possible, the arbitral
tribunal a n a
parties shall agree upon any such matters and
fault of agreement, the arbitral tribunal
shall
the discretion and authority to make the
decisi.
although in making decision, regard shall be givo
the views expressed by both parties. to
(d) The arbitral tribunal shall, in consultation
with +h
parties, fix the date/s and the time of hearing, regard
being given to the desirability of conducting and con.
Con
cluding an arbitration without undue delay.
(e) The hearing set shall not be postponed except
with
the conformity of the arbitrator and the parties
and
only for a good and sufficient cause. The arbitral tri
bunal may deny a request to postpone or to cancel
a scheduled hearing on the ground that a party has
requested or is intending to request from the court or
from the arbitrator an order granting interim reliet.
() A party may, during the proceedings, represent him-
selfherself/itself or through a representative, at such
hearing.
) T h e hearing may proceed in the absence of a party
who fails to obtain an adjournment thereof or who,
despite due notice, fails to be present, by himsel
herself/itself or through a representative, uch
hearing.
(h) Only parties, their respective representativesi rbi-
Witnesses and the administrative staff of the ar
fthe
tral tribunal shall have the to be
parties, upon
right present
being informed o f t h e presence or
pose
person and the reason for his/her presence, interp

no objection thereto.
PART I 131
Chapter Three-1mplementing Rules and Regulations of the Alternative
) Issues raised during the arbitration
proceeding over
ting to (a) the jurisdiction of the arbitral tribunalrela
one or more of the claims or counter claims, or (b) the
arbitrability of a particular claim or counter claim,
shall be resolved by the arbitral tribunal as
thresh
old issues, if the parties so request, unless they are
intertwined with factual issues that they cannot be
resolved ahead of the hearing on the merits of the
dispute.
G) Each witness shall, before giving testimony, be re-
quired to take an oath/affirmation before the
arbitra
tribunal, to tell the whole truth and nothing but the
truth during the hearing.
(k) The arbitral tribunal shall arrange for the transcrip-
tion of the recorded testimony of each witness and
require each party to share the cost of recording and
transcription of the testimony of each witness.
Each party shall provide the other party with a copy
of each statement or document submitted to the ar-
bitral tribunal and shall have an opportunity to reply
in writing to the other party's statements and proofs.
(m) The arbitral tribunal may require the parties to pro-
duce such other documents or provide such informa-
tion as in its judgment would be necessary for it to
render a complete, fair and impartial award.
(n) The arbitral tribunal shall receive as evidence all
exhibits submitted by a party properly marked and
identified at the time of submission.
(o) At the close of the hearing, the arbitral tribunal shall
specifically inquire of all parties whether they have
further proof or witnesses to present; upon receiving
a negative reply, the arbitral tribunal shall declare
the hearing closed.
(p)
(p) After a hearing is declared closed, no further mo-
tion or manifestation or submission may be allowed
except for post-hearing briefs and reply briefs that
the parties have agreed to submit within a fixed pe-
riod after the hearing i1s declared closed, or when the
arbitral tribunal, motu proprio or upon request of a
party, allows the reopening of the hearing.
(q) Decisions on interlocutory matters shall be maa

the sole arbitrator or by the majority of the a b
tribunal. The arbitral tribunal may
authorize 4
chairman to issue or release, on behalf of the an
tribunal, its decision on interlocutory matters
(r)Except as provided in Section 17(d) of the ADR.
no arbitrator shall act as a mediator in any
ing in which he/she 1s acting as arbitrator eveni procee
quested by the parties; and all negotiations to
settlement of the dispute must take place wit
the presence of the arbitrators. ithout
(s) Before assuming the duties of his/her office, an a
bitrator must be sworn by any officer authorized
law to administer an oath orbe required to make by
affirmation to faithfully and fairly hear and examineA
the matters in controversy and make a Just award
according to the best his/her ability and understand
ing. A copy of the arbitrator's oath or afirmation
shall be furnished each party to the arbitration.
() Either party may object to the commencement or

continuation of an arbitration proceeding unless the
arbitrator takes an oath or affirmation as requiredin
this chapter. If the arbitrator shall refuse to take an
oath or affirmation as required by law and this rule,
he/she shall be replaced. The failure to object to the
absence of an oath or affirmation shall be deemeda
waiver of such objection and the proceedings shall
continue in due course and may not later be used as
a ground to invalidate the proceedings.
(u) The arbitral tribunal shall have the power to adm
nister oaths to, or require affirmation from, all wit
nesses directing them to tell the truth, the whole
truth and nothing but the truth in any testimony,
oral or written, which they may give or offer in any
De
arbitration hearing. The oath or affirmation shall
of every witness before his/her testimon
required
oral or written, is heard or considered.
( The arbitral tribunal shall have the power to redll
It shall
any person toattend a hearing as a witness. stify
have the power to subpoena witnesses, to
andor produce documents when the relevaney
PARTI 133
materiality thereof has been shown to the arbitral
tribunal. The arbitral tribunal may also require the
exclusion of any witness during the testimony of any
other witness. Unless the parties otherwise
all the arbitrators in any controversy must
agree
the hearings and hear the evidence of the parties.
attenda
(Article 5.23)
1.01 WHEN MAY THE TRIBUNAL ORDER INTERIM MEASURES
OF PROTECTION?
The Arbitral Tribunal may order interim measures of protection
under the following circumstances:
to any party
(a) unless otherwise agreed by the parties, the arbitral tribu-
this Ar-
nal may, at the request of a party and in accordance with the
ticle, order any party to take such interim measures of protectionas
the arbitral tribunal may consider necessary in respect of the subject
matter of the dispute of the procedure. Such interim measures may
include, but shall not be limited, to preliminary injunction directed

of
against a party, appointment of receivers or detention property
that is the subject of the dispute in arbitration or its preservationor
inspection.
(b) After the constitution of the arbitral tribunal, and during
the arbitration proceedings, a request for interim measures of pro-
tribu-
tection, or modification thereof, may be made with the arbitral
nal. The arbitral tribunal is deemed constituted when the sole arbi-
trator 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 making the request.
(C)The following rules on interim or provisional relief shall

be observed:
request that provisional or interim
) Any party may
relief be granted against the adverse party.
i) Such relief may be granted:
obligation;
(cc) To produce or preserve evidence;
or
act omi-
(dd) To compel any other appropriate
or
SSions.
ALTERNATIVE DISPUTE
RESOLUTION
134 THE
LAW
AND THE ARBITRATION
(i) The order granting proVisional relief may be

tioned upon the provision of security or anu d
omission specified in the order.
(iv) Interim provisional relief is requested by w

application transmitted by reasonable means t writ en
arbitral tribunal and the party against whom relie
sought, describing in appropriate detail of the Dro
relief, the party against whom relier 1s requested, th
ground for the relief, and the evidence supporting tthe
request.
he
(v The order either granting or denying an applicati

for interim relief shall be binding upon the partieson
(vi) Either party may apply with the court for assistanes
ance
in implementing or enforc1ng an interim measi
ordered by an arbitral tribunal.
(vii) A party who does not comply with the order shall he
liable for all damages, resulting from noncompliange
including all expenses, and reasonably attorneys
fees, paid in obtaining the order's judicial enforo
ment.
(d) The arbitral tribunal shall have the power at any time
before rendering the award, without prejudice to the rights of any
party to petition the court to take measures to safeguard and/or con-
serve any matter which is the subject of the dispute in arbitration.
21.02 WHAT ARE THE POSSIBLE CONSEQUENCES WHEN THERE

IS A DEFAULT ON EITHER PARTY?
Unless otherwise agreed by the parties, if, without showing
sufficient causes,
(a) the claimant fails to communicate his/her/its state
ment of claim in accordance with paragraph (a) of Article 5.22
(Statement of Claim and Defernse), the arbitral tribunal shall
terminate the proceedings,
(b) the respondent fails to communicate his/her/its state
ment ofdetensein accordance with paragraph (a) of Article5.
(Statements of Claim and Defense), the arbitral tribunal sha
continue the proceedings without treating such failure in itsel
as an admission of the claimant's
allegations;
PARTI 135
(c)any party fails to appear at a hearing or to produce
documentary evidence, the arbitral tribunal may continue the
proceedings and make the award based on the evidence before
it. (Article 5.26)
21.03 MAY THE ARBITRAL TRIBUNAL APPOINT AN EXPERT

WITNESSs?
Yes, an arbitral tribunal may appoint an expert witness under
the following circumstances:
(a) Unless otherwise agreed by the parties, the arbitral

tribunal,
to report to it
) may appoint one or more experts
on specific issues to be determined by the arbi-
tral tribunal; or
(11) may require a party to give the expert any rele
vant information or to produce, or to provide
access to, any relevant documents, goods or
other property for his/her inspection.
(b)Unless otherwise agreed by the parties, if a party so

the
request or if the arbitral tribunal considers it necessary,
written or oral report,
expert shall, after delivery of his/her
participate in a hearing where the parties have the opportunity
witnesses in
toput questions to him/her and to present expert
order to testify on the points at issuue.
the finding of the
(c) Upon agreement of the parties,
tribunal
on the matter/s referred
expert engaged by the arbitral
and the arbitral tribu-
to him shall be binding upon the parties
nal. (Article 5.26)
IN
21.04 MAY THE ARBITRAL TRIBUNAL REQUEST ASSISTANCE
MATTERS?
TAKING EVIDENCE AND OTHER
Yes, the arbitral tribunal may request

the following from the
court:
with the approval
(a)The arbitral tribunal or a party,
from a court, assistance
of the arbitral tribunal may request
in taking evidence such as the issuance of subpoena ad testifi
subpoena duces tecum, deposition taking,
site or
candum and
The
ocular inspection, and physical examination properties.
of
within its competence and accord.
court may grant the request
ing to its rules on taking evidence.
ALTERNATIVE
DISPUTE RESOLUTION
THE
136 ARBITRATION LAW
AND THE
to the disna.
arbitral tribunal or party
(b) The
rested in enforcing a n order
a
of the arbitral tribunal mae iy,Spute inte.

assistance in enforcing orde"e
from a competent court, t
but not limited, toto the follow
following
arbitral tribunal, including
Interim or provision relief;
)
i)
) confidentiatolitythe
Protective orders with respect to confidens
Orders of the arbitral tribunal pertainine

subject matter of the dispute that may o
third persons and/or their proper atfec
erties, ando
(iv) Examination of debtors. (Article 5.27)
21.05 WHAT ARE THE RULES APPLICABLE TO THE SUBSTAMA

OF DISPUTE?
NCE
(a) The arbitral tribunal shall decide the dispute in accordar
with such law as is chosen by the parties. In the absence of s
dance
such
agreement, Philippine law shall apply.
The arbitral tribunal may grant any remedy or relief which
(b
it deems just and equitable and within the scope of the agreement o
the parties, which shall include, but not be limited to, the specife
performance of a contract.
(c) In all cases, the arbitral tribunal shall decide in accordance
with the terms of the contract and shall take into account the usages
of the trade applicable to the transaction. (Article 6.28)
21.06 EXPLAIN HOW THE ARBITRAL TRIBUNAL RENDERS ITS

DECISION.
(a) In arbitration proceedings with more than one arbitrator,
any decision of the arbitral tribunal shall be made, unless otherwse
agreed by the parties, by a majority of all its members. Howeve
questions of procedure may be decided by the chairman of the arbit
tribunal, if so authorized by the parties or all members of the arbiu
tribunal
ra
(b) Unless otherwise agreed upon by the parties, the ar
he
tribunal shall render its written award within 30 days
closing of all hearings and/or submission of the parties' resped
alt tive
briefs or if the oral hearings shall have been 30 days

waived, within s
after the arbitral tribunal shall have declared such
proceeao
lieu of hearing closed. This period may be further extended by
consent of the parties. (Article
5.29)
PARTI 137
21.07 WHAT IS THE CONSEQUENCE IF DURING THE ARBITRAL
PROCEEDINGS, THE PARTIES SETTLE THE DISPUTE?
If, during arbitral proceedings, the parties settle the dispute,
the arbitral tribunal, shall record the settlement in the form of an
arbitral award on agreed terms, consent award or award based on
compromise.
An award as rendered above shall be made in acordance with

the provisions of Article 5.31 (Form and Contents of Award) and shall
state that it is an award. Such an award has the same status and
effect as any other award on the merits of the case. (Article 5.30, pars.
a and b)
21.08 CITE THE REQUIRED FORM AND CONTENTS OF AWARD.

(a) The award shall be made in writing and shall be signed by
the arbitral tribunal. In arbitration proceedings with more than one
arbitrator, the signatures of the majority of all members of the arbi-
tral tribunal shall suffice, provided that the reason for any omitted
signature is stated.
The award shall state the reasons upon which is based,
(b) the
unless the parties have agreed that no reasons are to be given or
under
award on agreed terms, consent award based on compromise
Article 5.30 (Settlement).
of arbitra-
(c) The award shall state its date and the placed
of Article
tion as determined in accordance with the paragraph (a)
shall be deemed to have made
5.19 (Place of Arbitration). The award
at that place.
(d) After the award is made, a copy signed by the arbitrators

in accordance with the paragraph (a)
of this Article shall be delivered
to each party.
tribunal need not be acknow.
The award of the arbitral
or affirmed by
the arbitral tribunal u n -
ledged, sworn oath,
to under
the parties. If despite such requirement,
less so required in writing by
the parties may,
the arbitral tribunal shall fail to do as required,
arbitral
the receipt of said award, request the
within 30 days from to make
the omission. The failure of the parties
tribunal to supply within the said period shall be
an objection or make such request
and may no longer be raised
deemed waiver or such requirement
a
the award. (Article 5.31)
as a ground to invalidate
21.09 HOW IS THE ARBITRAL PROCEEDINGS TERMINATED?

The arbitration proceedings are terminated by the final
paragraph
aw.
or by an order of the arbitral tribunal in accordance with para
(b) of this Article. (Article 5.32, par. a)
21.10 WHEN SHOULD THE ARBITRAL TRIBUNAL ISSUE AN

ORDER OF TERMINATION?
AN
The arbitral tribunal shall issue an order for the termination.
the arbitration proceedings when:
md
() The claimant withdraws his claim, unless the responden

lent
objects thereto for the purpose of prosecuting his counter
claims in the same proceedings of the arbitral tribuna
recognizes a legitimate interest on his part in obtaining a
final settlement of the dispute; or
i) The parties agree on the termination of the
proceedings: or
iil) The arbitral tribunal finds that the continuation of the
proceedings has for any other reason become unnecessary
or impossible; or
(iv) The required deposits are not paid in full in accordance
with paragraph (d) of Article 5.46 (Fees and Costs). (Article
5.32, par. b)
21.11 WHEN DOES THE MANDATE OF THE ARBITRAL TRIBUNAL

END?
Article 5.32. Termination of Proceedings. -
(a) The arbitration proceedings are terminated by the

final award or by an order of the arbitral
tribunal in accordance
with paragraph (b) of this Article.
(b) The arbitral tribunal shall issue an order for tne

termination of the arbitration
proceedings
when:
) The claimant withdraws his claim, unless the
respondent objects thereto for the
prosecuting his counterclaims in purpose
the sa
proceedings or the arbitral tribunal recogni2e
a
legitimate interest on his part in obtamus
final settlement of the
dispute; or
PARTI 139
hanter Three- Implementing Rules and Regulations of the Alternative
() The parties agree on the termination of the pro-
ceedings; or
(iii) The arbitral tribunal finds that the
continua
tion of the proceedings has for any other reason
become unnecessary or impossible; or
(iv) The required deposits are not paid in full in
accordance with paragraph (d) of Article 5.46
(Fees and Costs).
(c) The mandate of the arbitral tribunal ends with the

termination of the arbitration proceedings, subject to the pro-
visions of Article 5.33 (Correction and Interpretation of Award,
Additional Award) and Article 5.34 (Application for Settings
Aside an Exclusive Recourse Against Arbitral Award).
(d) Except as otherwise provided in the arbitration

agreement, no motion for reconsideration, correction and inter
pretation of award or additional award shall be made with the
final
arbitral tribunal. The arbitral tribunal, by releasing its
award, loses jurisdiction over the dispute and the parties to
the arbitration. However, where it is shown that the arbitral1
for deter-
tribunal failed to resolved an issue submitted to him
final award may be
mination, a verified motion to complete a
made within 30 days from its receipt.
tribunal
(e) Notwithstanding the foregoing, the arbitral
reserve in the final award or order,
a
may, for special reason,
determine which party shall bear
hearing to quantity costs and determined to
the costs apportionment thereof as may be
or
of this issue, the award
be a equitable. Pending determination
of appeal, vacation,
shall not be deemed final for purposes
correction, or post-award proceedings. (Article 5.32)
any
Additional
Article 5.33. Correction and Interpretation of Award,
Award unless
Within 30 from receipt of the award,
days
(a) the parties.
another period of time has been agreed upon by
notice to the other party,
(i) A party may, with
tribunal to correct in the
request the arbitral
any clerical
award any e r r o r s in computation,
errors of similar
e r r o r s or any
or typographical
nature.
(i) If so agreed by the parties, a party, with

to the other party, may request the a
tribunal to give an interpretation ofaa
point or part of the award.
aritra
specife
If the arbitral tribunal considers the request
justified, it shall make the correction or give thas
the request
pretation within 30 days from receipt oftthe request n ntet
interpretation shall form part of the award. "The
(b)
b) The arbitral tribunal may correct any error of
type referred to in paragraph (a) of this Article onon its
initiative within 30 days of the date of the award. ow
(c) Unless otherwise agreed by the parties, a party mas
with notice to the other party, may request, within thirty
days of receipt of the award, the arbitral tribunal to make
additional award as to claims presented in the arbitral proceei
ings but omitted from the award. If the arbitral tribunal or
siders the request to be justified, it shall make the additional
award within 60 days.
(d) The arbitral tribunal may extend, if necessary, the

period of time within which it shall make a correction, interpre
tation or an additional award under paragraphs (a) and () d
this Article.
(e)The provisions of Article 5.31 (Form and Contens
of Award) shall apply to a correction or interpretation of the
award or an additional award. (Article 5.33)
21.12 WHAT MUST THE COURT DO UPON APPLICATION FOR

SETTING ASIDE AN AWARD?
The court when asked to set aside an award, may, wher
appropriate and so requested by a party, suspend the setting asit
proceedings for a period of time determined by it in order to give t
arbitral tribunal an opportunity to resume the arbitral proceeam
or to take such other action as in the arbitral tribunal's opinion
eliminate the grounds for setting aside an award. (Article 5.34)
21.13 WHAT ARE THE GROUNDS TO VACATE AN ARBIT

AWARD?
aside
The arbitral award may be questioned, vacated or

se d
by the appropriate court in accordance with the Special ADR
only on the following grounds
PARTI 141
) The arbitral award was procured by corruption, fraud or

other undue means; or
There was evident partially or corruption in the arbitral

(i)
tribunal or any of its members; or
ii) The arbitral tribunal was guilty of misconduct or any form
of misbehavior that has materially prejudiced the rights of
any party such as refusing to postpone the hearing upon
sufficient cause shown or to hear evidence pertinent and
material to the controversy; or
iv One or more of the arbitrators was disqualified to act as
Such under this Chapter and willfully refrained from dis-
closing such disqualification; or
(v) The arbitral tribunal exceeded its powers, or so imperfectly

executed them, such that a complete, final and definite
award upon the subject matter submitted to it was not
made.
the
Any other ground raised to question, vacate or set aside
arbitral award shall be disregarded by the court. (Article 5.35, par. a)
AWARD
21.14 WHAT MAY THE PARTIES DO WHEN A PETITION TO
OR SET ASIDE AN AWARD IS FILED?
Where a petition to vacate or set aside an award is filed, the pe-
titioner may simultaneously, or the oppositor may in the alternative,
the arbitral tribunal for the
petition the court to remand the same to
revised final and definite award or to
purpose of making a new or
arbitral tribunal, the
direct a new hearing before the same or new
manner originally provided
members of which shall be chosen in the
submission. In the latter case, any
in the arbitration agreement or
which the arbitral tribunal may make a

provision limiting the time in new arbitral tribunal and
decision shall be deemed applicable to the
to commence from the date of the court's order. (Article 5.35, par. b)
PETITION WITH THE COURT

21.15 WHERE A PARTY FILES A
AN AWARD BY REASON OF
TO VACATE OR SET ASIDE
AFFECT THE MERITS OF THE
OMISSION/S THAT DO NOT
REMEDIED, WHAT MAY THE
CASE AND MAY BE CURED OR
ADVERSE PARTY DO?
with the court to vacate or set
Where a party files a petition
that do not aftfect the merits
aSide an award by reason of omission/s
of the case and may be cured or remedied, the adverse

oppose that petition and instead request the court to susn yarty ma
vacation or setting aside the proceedings tor a period of time spend th
the arbitral tribunal an opportunity to cure or remedy the a
resume the arbitration proceedings or take such other action
ninate the grounds for vacation or setting aside. (Artici
aWardg
par. c) 5.3
RULE 6-Recognition and Enforcement of Awards
22.00 WHAT MUST THE PARTY MOVING FOR AN ORDER

FIRMING, MODIFYING, CORRECTING, OR VACATINGCON
AWARD D0?
The party moving for an order conftirming, moditying,
correctin
or vacating an award, shall, at the time that such motion is filed
the court for the entry of judgment thereon, also file the
origina
verified copy of the award, the arbitration orsettlement agreeme
and such papers as may be required by the Special ADR Rul
(Article 5.36)
22.01 WHEN MAY THE COURT ENTER ITS JUDGMENT?
Upon the grant of an order confirming, modifying or correcting
an award, judgment may be entered in conformity therewith int
court where said application is filed. Costs of the application and te
proceedings subsequent thereto may be awarded by the court in it
discretion. If awarded, the amount thereof must be included in the
judgment. Judgment will be enforced like court judgments. (Artick
5.37)
22.02 WHERE MAY A DECISION OF THE COURT cONFIRMING
VACATING, SETTING ASIDE, MODIFYING OR CORRECTING
AN ARBITRAL AWARD BE APPEALED TO?
A decision of the court confirming, vacating, setting
asu
modifying or correcting an arbitral award may be appealed to
Court of Appeals in accordance with Special ADR Rules.
The losing party who appeals from the judgment of the

confirming an arbitral award shall be required by the Court ot
peals to p0st a counter-bond executed in favor of the prevailing pa
v e c i a
equal to the amount of the award in accordance with the Spe

ADR Rules. (Article 5.38)
PARTI 143
Chaoter Three- Implementing Rules and Regulations of the Alternative
IS THE NATURE OF THE PROCEEDINGS FOR THE
9903 WHAT
2.0
22.0 FOLLOWING?
recognition and enforcement of an arbitration
(a)
agreement or
(b)vacation or setting aside of an arbitral award, and

any application with a court for arbitration assis
(c)
tance and supervision, except appeal.
Proceedings for recognition and enforcement of an arbitration
vacation or setting aside of an arbitral award,
and
for
agreement or
with a court for arbitration assistance and supervi
any application
shall be deemed as special proceedings. (Article
sion, except appeal,
5.39)
PROCEEDINGS?
THE VENUE OF THE SAID
22.04 WHERE IS
The same shall be filed with the court:
(a) where the arbitration proceedings are conducted;

levied upon, or the act to
where the asset to be attached or
(b be enjoined is located;
has its
where any of the parties to the dispute resides or
(c)
place of business; or
Judicial Region at the option of the
(d) in the National Capital
applicant. (Article 5.39)
REQUIRED IN A SPECIAL PROCEED

22.05 IS NOTICE TO PARTIES AN ARBI-
AND ENFORCEMENT OF
ING FOR RECOGNITION
TRAL AWARD?
for recognition and enforcement of an
In a special proceeding at their
shall send notice to the parties
arbitral award, the court
cannot be served
arbitration, or if any party
address of record in the The notice
last known address.
notice at such address, at such party's for the initial
before the date set
shall be sent in at least 15 days
5.40)
hearing of the application. (Article
ENTITLED TO LEGAL
IS A PARTY
22.06 IN DOMESTIC ARBITRATION,
REPRESENTATION?
conducted in the Philippines,

a
in domestic arbitration
Yes, his/her/its choice: Provi.
by any person of
party may be represented admitted to the practice of law
unless
ea, that such representative,
in the Philippines, shall not be authorized to appear as counsel

Philippine Court, or any other quasi-judicial body whether er oor such
appearance is in relation to the arbitration in which he/she 8
No arbitrator shall act as mediator in any proceedingin
appean
a whi
he/she is acting as arbitrator and all negotiations towards settlem.
of the dispute must take without the presence of the arbitra
(Article 5.41) cators
22.07 IS THE ARBITRATION PROCEEDINGS PRIVILEGED?
Yes, the arbitration proceedings, including the records, evidon.
and the arbitral award and other confidential information, shal
considered privileged and confidential, and shall not be publishe
ed
except
(1) with consent of the parties; or
(2) for the limited purpose of disclosing to the court relevant
documents in cases where resort to the court is allowed herein;
Provided, however, That the court in which the action or the

appeal is pending may 18sue a protective order to prevent or prohibit
disclosure of documents or information containing secret processes,
developments, research and other information where it is shown
that the applicant shall be materially prejudiced by an authorized
disclosure thereof. (Article 5.42)
22.08 WHAT IS THE CONSEQUENCE OF THE DEATH OF A PARTY?

Where a party dies after making a submission or a contact o
arbitrate as prescribed in these Rules, the proceeding may be begun
or continued upon the application of, or notice to, his/her executor
or administrator, or to temporary administrator of his/her estate
In any such case, the court may issue an order
extending the tu
within which notice of a motion to
recognize or vacate an award iu
be served. Upon recognizing an
award, where a party has died sine
it was filed or delivered, the court must enter
judgment in the nau
of the original party; and the proceedings thereupon are the same e as
where a party dies after a verdict. (Article 5.43)
22.09 WHAT ARE THE RULES IN MULTI-PARTY ARBITRATION

The rules in multi-party arbitration are as follows:
two
(a)When a single arbitration involves more than
parties, these Rules, to the extent possible, shall be used subject
PARTI 145
Chapter Three- mplementing Rules and Regulations of the Alternative
to such modifications consistent with Articles 5.17 (Equal Treat
ment of Parties) and 5.18 (Determination of Rules of Procedure)
as the arbitral tribunal shall deem appropriate to address pos-
sible complexities of a multi-party arbitration; and
(b) When a claimant includes persons who are not

parties to or otherwise bound by the arbitration agreement,
directly or by reference, between him/her and the respondent as
additional claimants or the additional respondents unless not
later than the date communicating his/her answer to the request
for arbitration, either by motion or by a special defense in his
answer, he objects, on jurisdictional grounds, to the inclusion of
such additional respondents. The additional respondents shall
be deemed to have consented to their inclusion in the arbitration
unless, not later than the date of communicating their answer to
the request for arbitration, wither by motion or a special defense
in their answer, they object, on jurisdictional grounds, to their
inclusion. (Article 5.44)
22.10 MAY THE PARTIES AGREE ON CONSOLIDATION OF PRO

CEEDINGS AND HOLDING OF CONCURRENT HEARINGS?
Yes, the parties may agree that:

the arbitration proceedings shall be consolidated
(a)
with other arbitration proceedings; or
that concurrent hearings shall be held, on such terms

(b)
as may be agreed.
on the arbitral
Unless the partiesagree to confer such power
of arbitra-
tribunal, the tribunal has no power to order consolidation
tion proceedings or concurrent hearings. (Article 5.45)
22.11 WHAT ARE THE RULES IN FEES AND COSTS?
The following are the rules in fees and costs:
the
(a) The fees of the arbitrators shall be agreed upon by
to the arbitration.
parties and the arbitrator/s in writing prior
the parties as to the amount
In default of agreement of
arbitrator's fees, the arbitrator's fees
and manner of payment of
with the applicable internal
shall be determined in accordance
institution under whose rules the
rules of the regular arbitration
the schedule
arbitration is conducted; or in ad hoc arbitration,
RESOLUTION
146 ARBITRATION LAW
AND THE
if any, or in default thero

of fees approved by the IBP, oi, the
schedule of fees that may
be approved by the OADR.
the parties sh.
addition to arbitrator's fees,
trative fees nall be
(b) In
administrative feee
payment of the
responsible for the arbitration and an
an
arbitration institution administering
shall include, as appropriate, the fo
cost of
arbitration. The latter
the arbitral tribunal, the the expens
expense
an expert appointed by
the u s e of a r o o m where arhito
conducting a site inspection, eation
the expenseo
proceedings shall be or have been conducted,
of the arbitration proceedi
the recording and transcription dings.
the costs of arbitrati.
(c) The arbitral tribunal shall fix ation
include only:
in its award. The term "costs"
) The fees of the arbitral tribunal to be stated
separately as to each arbitrator and to be fv
ixed
by the arbitral tribunal itself in accordano
with this Article;

The travel and other expenses incurred by the
(11)
arbitrators;
(ii) The costs ofexpert advice and of other assis.

tance required by the arbitral tribunal, such as
site inspection and expenses for the recording
and transcription of the arbitration proceed.
ings
iv) The travel and other expenses of witnesses to
the
the extent such expenses are provided by
arbitral tribunal;
for legal representation and asis
(v)The costs were
tance of the successful party if such costs
claimed during the arbitral proceedings, an
tribunal
only to the extent that the arbitral l
determines that the amount of such costs
reasonable;
(vi) Any fees and expenses of the apponting au
thority.
ble
(d) The fees of the arbitral tribunal shall be reasona
com
in amount, taking into account the amount in dispute, the C
tors
plexity of the subject matter, the time spent by the arbitra

and any other relevant circumstances of the case.
PARTI 147
Ifappointing authority has been agreed upon
an
the parties and if such appointing authority has issuedby

schedule of fees for arbitrators in domestic cases a
which
administers, the arbitral tribunal, in fixing its fees it
shall
take that schedule of fees into account to the extent that it
considers appropriate in the circumstances of the case.
If such appointing authority has not issued a
schedule of fees for arbitrators in international cases, any
party may, at any time request the appointing authority to
furnish a statement setting forth the basis for establishing
fees which is customarily followed in international cases
in which the authority appoints arbitrators. If the
appointing authority consents to provide such a statement,
the arbitral tribunal, in fixing its fees shall take such
information into account to the extent that it considers
appropriate in the circumstances of the case.
In cases referred to in paragraph (d) of this Article,

when a party so requests and the appointing authority
consents to perform the function, the arbitral tribunal
shall fix its fees only after consultation with the appoint-
ing authority which may make any comment it deems
appropriate to the arbitral tribunal concerning the fees.
Except as next paragraph, the costs

provided in the
of arbitration shall, in principle, be borne by the unsuc-
cessful party. However, the arbitral tribunal may appor
tion each of such costs between the parties if it determines
the
that apportionment is reasonable, taking into account
Circumstances of the case.
and
With respect to the costs of legal representation
assistance referred to in paragraph (c) (i) of this Article,
account the circums-
the arbitral tribunal, taking into
tances of the case, shall be free to determine which party
such costs between
shall bear such costs or may apportion
that appointment is reason-
the parties if it determines
able.
issues an order for the
When the arbitral tribunal
or makes an
termination of the arbitral proceedings
shall fix the costs of arbitration
award on agreed terms, it
of this Article in the context of
referred to in paragraph (a)
that order or award.
AND THE ARBITRATION LAWW
Except as otherwise agreed by the parties, no

(e) no add.
tional fees may be charged by the arbitral tribunal fod
or inter.
pretation or correction or completion of its award undan
Rules. these
The arbitral tribunal, on its establishment, ma..
(
quest each party to deposit an equal amount as an advano Te
the costs referred to in paragraphs (i), (i) and (ii) of para
(c) of this Article.
ragraph
rbitral tr.
During the course of the arbitral proceedings, the arbitral
bunal may request supplementary deposits from the parties.
If an appointing authority has been agreed upon by the parties

and when a party so requests and the appointing authority consenta
to perform the function, the arbitral tribunal shall fix the amo
ats
of any deposits or supplementary deposits only after consultati
with the appointing authority which may make any comments to the
arbitral tribunal which it deems appropriate concerning the amount
of such deposits and supplementary deposits.
If the required deposits are not paid in full within 30 days after
receipt of the request, the arbitral tribunal shall so inform the par.
ties in order that one of them may make the required payment within
such a period or reasonable extension thereof as may be determined
by the arbitral tribunal. If such payment is not made, the arbitral
tribunal may order the termination of the arbitral proceedings.
After the award has been made, the arbitral tribunal shall
render an accounting to the parties of the deposits received and
return any unexpended balance to the parties. (Article 5.46)
Chapter 6
ARBITRATION OF CONSTRUCTION DISPUTES
23.00 WHAT AGENCY GOVERNS ARBITRATION OF CONSTRUC
TION DISPUTES?
The Construction Industry Arbitration Commission (CIAU%
which has original and exclusive jurisdiction over arbitrationo o
struction disputes pursuant to Executive Order No. 1008, s. 1o
otherwise known as the "Construction Industry Arbitration La erm
shall promulgate the Implementing Rules and Regulations gohe the

ing arbitration of construction disputes, incorporating therem
pertinent provisions of the ADR Act.
Chapter Three- PARTI
Implementing
Dispute
Rules and
Regulations of the Alternative
149
Resolution Act of 2004

Chapter 7
OTHER ADR FORMS
RULE 1 General
Provisions
APPLICATION OF THIS CHAPTER?
Except as otherwise agreed, this
the deficiency in the agreement of the
Chapter shall apply and supply
the following forms of ADR: parties for matters involving
(a) early neutral evaluation;
(b) neutral evaluation;
(c) mini-trial;
(d) mediation-arbitration;
(e) a combination thereof, or any other ADR form. (Article 7.1)
24.01 WHEN DOES CHAPTER 3 WHICH GOVERNS MEDIATION

HAVE SUPPLETORY APPLICATION?
If the other ADR form/process is more akin to arbitration (i.e.,
the neutral third-person merely assists the parties in reaching a
voluntary agreement), Chapter 3 governing mediation shall have
suppletory application to the extent that it is not in conflict with the
agreement of the parties or this Chapter. (Article 7.2)
24.02 WHEN DOES CHAPTER 5 WHICH GOVERNS DOMESTIC

ARBITRATION HAVE SUPPLETORY APPLICATION?
If the other ADR form/process is more akin to arbitration (i.e.,
the neutral third-person has the power to make a binding resolution
of the dispute), Chapter 5 governing domestic arbitration shall have
suppletory application to the extent that it is not in conflict with the

agreement of the parties or this Chapter. (Article 7.3)
24.03 IF A DISPUTE IS ALREADY BEFORE A COURT, MAY A PARTY,
BEFORE AND DURING PRE-TRIAL, FILE A MOTION TO
REFER THE PARTIES TO OTHERADR FORMS/PROCESSES?
either party may,
dispute is already before court,
a
Yes, if a
motion for the court to refer the
before and during pre-trial, file a
parties to other ADR forms/processes.
during court proceedings, after pre.
even
However, at any time
for suspension/dismissal of the
trial, the parties may jointly move
to Article 2030 of the Civil Code of the Philin.

action pursuant
(Article 7.4) lippines,
24.04 MAY A PARTY SUBMIT A AGREEMe
SETTLEMENT
FOLLOWING A NEUTRAL OR AN EARLY EVALUATIONN
TRIAL OR MEDIATION-
ARBITRATION? MIN
Either party may submit to the court before which the.
case i
pending any agreement following a neutral or an
settlement
neutral evaluation, mini-trial or mediation-arbitration. (Articlo
7.5)
RULE 2- Neutral or Early Neutral Evaluation
25.00 CITE THE RULES IN THE APPOINTMENT OF A NEUTRA

EARLY NEUTRAL EVALUATION.
OR
The neutral or early neutral evaluation shall be governo
(a) by the rules and procedure agreed upon by the parties. I
the absence of said agreement, this Rule shall apply.
(b) If the parties cannot agree on, or fail to provide for:

The desired qualification of the neutral third person-
(ii) The manner of his/her selection;

(iii) The appointing authority (not IBP) who shall have
the authority to make the appointment of a neutral
third person; oor
(iv) If despite agreement on the foregoing and the lapse
of the period of time stipulated for the appointment,
the parties are unable to select a neutral third person
or appointing authority, then, either party may
request the default appointing authority, as defined
under paragraph C1 of Article (Definition of Terms),
to make the appointment taking into consideration
the nature of the dispute and the experience and
expertise of the neutral third person.

(c)The
(c) parties shall submit and exchange position pape
containing the issues and statement of the relevant Iac
and appending supporting documents and affidavits
ing
witnesses to assist the neutral third person in evaluau
or assessing the dispute.
ad
(d) The neutral third person may request either party

dress additional issues that he/she may consider t e
sary for a complete evaluation/assessment of the disp
PARTI 151
Chapter Three- Implementing Rules and Regulations of the
Alternativ
(e) The neutral third person may structure the evaluauon
process in
any manner he/she deems appropriate. In
course thereof, the neutral third person may identiry
tne
areas of agreement, clarify the issues, define those that
are contentious, and encourage the parties to agree on
a definition of issues and stipulate on facts or admit the
genuineness and due execution of documents.
( The neutral third person shall issue a written evaluation
or assessment within 30 days from the conclusion of the
evaluation process. The opinion shall be non-binding and
shall set forth how the neutral third person would have
ruled had the matter been subject to a binding process.
The evaluation or assessment shall indicate the relative
strengths and weakness of the positions of the parties, the
basis for the evaluation or assessment, and an estimate,
when feasible, of the amount for which a party may be
liable to the other if the dispute were made subject to a
binding process.
There shall be no ex-parte communication between the
neutral third person and any party to dispute without the
consent of all parties.
(h) All papers and written presentations communicated to thhe

neutral third person, including any paper prepared by a
party to be communicated to the neutral third person or
to the other party as part of the dispute resolution pro-
cess, and the neutral third person's written non-binding
assessment or evaluation, shall be treated as confidential.
(Article 7.6)
RULE 3- Mini-Trial
26.00 HOW IS A MINI-TRIAL CONDUCTED?

(a) A mini-trial shall be governed by the rules and procedure
agreed upon by the parties. In the absence of said agree
ment, this Rule shall apply.
b) A mini-trial shall be conducted either as: () a

separate
dispute resolution process; or (11) a continuation of media-
tion, neutral or early neutral evaluation or any other ADR
process.
RESOLUTION
LAW
AND THE ARBITRATION
(c) The parties may agree

that a mini-trial beconducte
and participation of aa n
ucted with
or without the presence
third person. If a
neutral third person
is agreed neutral
chosen, he/she shall preside
over the mini-trial pon
and e
to appoint one or more (but e
parties may agree
number per party)
senior executive/s,
on its behalf to si
members.
as mini-trial panel
executive/s
seniormust
The
(d) members
chosen to sit
be duly authorized to negotiate
as
mini-trial pane
mini-trial
settle
the dispute with the other party.
The appointment ofa min
shall be communicated to the of
trial panel member/s ther
shall constitute a representati
party. This appointment
mini-trial panel member/s ha
ation
to the other party that the hasl
have the authority to enter
into a settlement agreemer
without any further action or
binding upon the principal
ratification by the latter.
Each party shall submit a brief executive summary of

(e)
the dispute in sufficient copies as to provide one copy to
each mini-trial panel member and to the adverse party
The summary shall identify the specific factual or legal
issue or issues. Each party may attach to the summary a
more exhaustive recital of the facts of the dispute and the
applicable law and jurisprudence.
A t the date time and place agreed upon, the parties shall
mini-trial panel members. The lawyer
appear before the
of each party and/or authorized representative shall pre-
sent his/her case starting with the claimant followed by
of each
the respondent. The lawyer and/or representative
sur-rebuttal argu
party may thereafter offer rebuttal or
ments.
Unless the parties agree on a shorter or longer

period, the presentation-in-chief shall be made, withou
interruption, for one hour and the rebuttal or sur-rebutna
shall be 30 minutes.
sur
At the end of each presentation, rebuttal or s

rebuttal, the mini-trial panel member/s may ask clar
catory questions from any of the presentors.
shall
(g) After the mini-trial, the mini-trial panel members
negotiate a settlement of the dispute by themselves
PARTI 153
of 2004
of the Alternative
In cases where a neutral third person is

appointed,
wd person shall assist the parties/mini-trial
the neutral
panel members in
tling the
Settlingthe dispute and, unless otherwise agreed by the parties, the
ceedings shall be governed by Chapter 3 of Mediation. (Article
proce
7.7)
RULE 4- Mediation-Arbitration
9700 WHAT ARE THE RULES ON MEDIATION-ARBITRATION?
The rules are as follows:
(a) A Mediation-Arbitration shall be governed by the
rules and procedure agreed upon by the parties. In the absence
of said agreement, Chapter 5 on Mediation shall first apply and
thereafter, Chapter 5 on Domestic Arbitration.
(b) No person shall having been engage and hav1ng
acted as mediator of a dispute between the parties, following a
failed mediation, act as arbitrator of the same dispute, unless
the parties, in a written agreement, expressly authorize the
mediator to hear and decide the case as an arbitrator.
(c) The mediator who becomes an arbitrator pursuant

to this Rule shall make an appropriate disclosure to the parties
as if the arbitration proceeding had
commenced and will
before
proceed as a new dispute resolution process, and shall,
oath
entering upon his/her duties, execute the appropriate
or affirmation of office as arbitrator in accordance with these
Rules. (Article 7.8)
RULE 5-Costs and Fees
AND FEES?
28.00 WHAT ARE THE RULES ON COSTS
the rules costs and fees:
The following are on
Before his/her duties as ADR provider,

entering
(a) on the cost of the ADR
he/she shall agree with the parties
and m a n n e r of payment for his/
procedure, the fees to be paid
her serv1ces.
the fees for the
In the absence of such agreement,
(b) shall be determined
services of the ADR provider/practitioner
as follows:
) If the ADR procedure is conducted und.

rules and/or administered by an nder the
tha
institu
regularly providing ADR services to the tio
public, the fees of the ADR professiona)
be determined in accordance with sche.
Seral
ha
general
shall
fees approved by such institution, if schedule
if an
any,
ii) In ad hoc ADR, the fees shall be
accordance with the schedule of
by the OADR;
etermined
determ
d in
fees approve
ved
(ii) In the absence of a schedule of fees
the ADR institution or by the approved
OADR, th by
shall be determined by the ADR
institutiono ees
the OADR, as the case may be, and orb
of the process, the amount in complexit
complexit
dispute and the
professional standing of the ADR the
professional
(c) A contingency fee arrangement shall not be allowe
The amount that may be allowed to an ADR allowed.
professional
not be made
dependent upon the success of his/her effortmain
helping the parties to settle their dispute. (Article
7.9)
CHAPTER FOUR
COLLECTIVE BARGAINING
AND ADMINISTRATION AGREEMENT
PRESIDENTIAL DECREE NO. 442
ARTICLES 250-254 OF TITLE VII
00 UNDERARTICLE 250, TITLE VII OF THE LABOR CODE OF THE
PHILIPPINES, WHAT ARE THE PROCEDURES THAT MUST BE
OBSERVED IN COLLECTIVE BARGAINING?
The following procedures shall be observed in collective bar-
gaining:
a. When a party desires to negotiate an agreement, it shall
serve awritten notice upon the other party with a
state
ment of its proposals. The other party shall make a reply
thereto not later than 10 calendar days from receipt of
such notice;
b. Should differences arise on the basis of such notice and
reply, either party may request for a conference which
shall begin not later than 10 calendar days from the date
of request;
C.
If the dispute is not settled, the Board shall intervene upon
initiative and
request of either or both parties or at its own
The
immediately call the parties to conciliation meetings.
Board shall have the power to issue subpoenas requiring
It shall be
the attendance of the parties to such meetings.
and promptly in
the duty of the parties to participate fully
Board may call;
the conciliation meetings the
in the Board, the par-
d. During the conciliation proceedingsact which
may disrupt
ties a r e prohibited from doing any and
settlement of the disputes;
or impede the early
ami-
all efforts to settle disputes
e. The Board shall exert their case to a
and encourage
the parties to submit
cably Section RA. No.
20,
voluntary arbitrator. (As amended by
6715, March 21, 1989)
155
1.01 EXPLAIN THE DUTY TO BARGAIN COLLECTIVELY

IN T
ABSENCE OF COLLECTIVE BARGAINING AGREEMF THE
UNDER ARTICLE 251 OF THE LABOR CODE. NTS
In the absence of an agreement or other voluntary arrangema
providing for a more expeditious manner of collective bargainino
shall be the duty of employer and the representatives of the emplo
to bargain collectively in accordance with the provisions ofthis C
Code.
1.02 WHAT IS THE MEANING OF DUTY TO BARGAIN COLLE
TIVELY UNDER ARTICLE 252 OF THE LABOR CODE?
The duty to bargain collectively means the pertormance of
mutual obligation to meet and convene promptly and expeditioua
in good faith for the
purpose of negotiating an agreement
with re
pect to wages, hours of work and all other terms and conditions
of
employment including proposals for adjusting any grievances o
questions arising under such agreement and executing a contract
incorporating such agreements if requested by either party but such
duty does not compel any party to agree to a proposal or to make anv
concession.
1.03 EXPLAIN THE DUTY TO BARGAIN cOLLECTIVELY WHEN

THERE EXISTS A COLLECTIVE BARGAINING AGREEMENT
UNDER ARTICLE 251 OF THE LABOR CODE.
When there is a collective bargaining agreement, the duty to
bargain collectively shall also mean that neither party shall terminate
nor modify such agreement during its lifetime. However, either party
can serve a written notice to terminate or modify the agreement at
least 60 days prior to its expiration date. It shall be the duty of both
parties to keep the status quo and to continue in full force and etfect
the terms and conditions of the existing agreement during the 60-day
period and/or until a new agreement is reached by the parties.
1.04 EXPLAIN THE TERMS OF A COLLECTIVE BARGAINING

AGREEMENT UNDER ARTICLE 253-A OF THE LABOR CODE
Any collective bargaining agreement that the parties may enter
into shall, insofar as the representation aspect is concerned, beo
a term of five years. No petition questioning the majority status

of the incumbent bargaining agent shall be entertained and 1o
certification election shall be conducted by the Department of Larot
and Employment outside of the 60-day period immediately betor
PARTI 157
Chapter F o u r - Collective Bargaining and Administration Agreement
the date of expiry of such five-year term of the Collective Bargaining
Agreement.
All other provisions of the otetive Bargaining Agreen

shall be renegotiated not later than three years after its execution.
Any agreement on such other provislons of the Collective Bargaining
Agreement entered into within six months from the date of expiry of
the term of such other provisions as fixed in such Collective Bargain-
ing Agreement, shall retroact to the day immediately following such
date.
If any such agreement is entered into beyond six months, the
parties shall agree on the duration retroactivity thereof. In case of
ot
a deadlock in the renegotiation ot the Collective Bargaining Agree
ment, the parties may exercise their rights under this Code. (As
amended by Section 21, R.A. No. 6713, March 21, 1989)
OR
1.05 CAN INJUNCTION BE ISSUED IN ANY CASE INVOLVING
GROWING OUT OF LABOR DISPUTES UNDER ARTICLE 254
OF THE LABOR CODE?
No temporary or permanent injunction or restraining order in
out of labor disputes shall be issued
any case involving or growing
by any court or other entity, except as otherwise provided in Articles
218 and 264 of this Code. (As amended by B.P. Blg. 227, June1, 1982)
-End of Part I-

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PARTI

REPUBLIC ACT NO. 9285

1.02 EXPLAIN THE MEANING OF THE FOLLOWING TERMS:

A) Alternative Dispute Resolution (ADR) System

court or an officer of a government agency, as defined in this Ant

H) The "Court" referred to in Article 6 of the Model Law

M) New York Convention

approvedin 1958 and ratified by the Philippine Senate under Senate

N) The proceeding under R.A. No. 9285

Proceeding" means a judicial, administrative, or other adju-

1.04 WHAT IS THE LIABILITY OF ADR PRovIDER AND PRACT

1.05 WHAT ARE THE EXCEPTIONS TO THE APPLICATION OF THIS

The provisions of this Act shall not apply to resolution or settle-

(a) labor disputes covered by P.D. No. 442, otherwise

(b) the civil status of persons;

(c) the validity of a marriage

(c) Confidential Information shall not be subject to dis

(e) The protections of this Act shall continue to apply

privilege arising from the confidentiality of

b) A privilege arising from the confidentiality ofinfo

c) person who discloses confidential information

person who made the

d) A person who discloses or makes a representation

1.09 WHAT ARE THE INSTANCES WHEREIN THERE IS NO

(1) in an agreement evidenced by a record authen

practice filed against mediator in proceeding

conduct occurring during a mediation.

(1) a court proceeding involving a crime or felony; or

(2) a proceeding to prove a claim or defense that

1.11 WHAT MAY BE ADMITTED WHEN A MEDIATION COMMUNI-

TO A COURT OR AGENCY OR OTHER AUTHORITY TU

Yes, a mediator may not make a report, assessment, evaluation

(2) disclose to the mediation parties any such fact

qualifications of a mediator are required in the mediation agreement

2.03 MAY A PARTY WAIVE HIS RIGHT TO PARTICIPATE IN

2.04 WHERE IS THE PLACE OF MEDIATION?

2.05 WHAT IS THE EFFECT IF THERE IS AN AGREEMENT TO

Further, an agreement to submit to mediation under

agreement: successful medi.

b. The parties and their respective

2.09 MAY THE PARTIES DEPOSIT THE SETTLEMENT

2.10 WHEN AND WHERE MAY A PARTY FILE A PETITION TO

2.12 WHAT ARE THE OTHER FORMS OF ADR WHEREIN THE

(a) the evaluation of a third person or

(c) mediation-arbitration, or a combination thereof.

3.00 WHAT LAW GoVERNS INTERNATIONAL COMMERCIAL

3.01 HOW SHOULD THE MODEL LAW BE INTERPRETED?

3.02 WHAT IS COMMERCIAL ARBITRATION?

3.03 WHO MAY REPRESENT A PARTY IN AN INTERNATIONA

3.04 WHAT IS THE NATURE OF ARBITRATION PROCEEDINGS?

3.05 WHEN MAY THE PROCEEDINGs BE ALLOWED TO BE PUB.

(1) with the consent of the parties, or

(2) for the limited purpose of disclosing to the court

Chapter One- Alternative Dispute Resolution Act of 2004

3.07 HOW SHOULD THE COURT INTERPRET THE ACT?

4.00 WHAT IS MEANT BY "APPOINTING AUTHORITY"?

4.01 WHAT ARE THE FUNCTIONS THAT MAY BE PERFORMED BY