POINTERS IN ALTERNATIVE DISPUTE RESOLUTION
Arbitrator/ Arbitral Tribunal
1985 UNCITRAL Model Law
1. Application – international commercial
arbitration, where the parties have no
agreement to the contrary.
2. Commercial – covers matters arising from all
relationships of commercial nature, whether
contractual or not.
3. Why adopt Model Law?
a. Inadequacy of domestic laws
b. Disparity between national laws
4. Court intervention
GR: NO
EX:
a. Parties failed to agree on procedure for
appointing arbitrators
b. Parties failed to appoint based on
agreement.
c. One challenged the appointment.
d. Arbitrator fails or becomes impossible for
him, to act.
e. Question on AT’s jurisdiction.
5. When is arbitration international?
a. Parties’ POBs are in different states
b. Place of arbitration or obligations are
outside of the parties’POB
c. Subject matter of AA relates to more
than one country.
6. Coverage/ source of AT’s jurisdiction –
Arbitration Agreement
7. Arbitration agreement – agreement by the
parties to submit arbitration all or certain
disputes.
a. Must not be contrary to law, morals,
public order, or public policy.
8. AA can be in:
a. Arbitration clause
b. Submission agreement
c. It must be in writing.
9.
a. Composition of AT:
i. GR: Agreement by the parties
Default - 1 or 3 arbitrators
b. Grounds for challenge:
i. Justifiable doubts as to
independence or impartiality
ii. Does not possess qualifications
iii. Failure to disclose re justifiable
doubts on II
iv. Failure or impossibility to act 
termination of mandate when
he withdraws, parties decide on
termination, or
court/Appointing authority
decided.
c. NOT grounds for challenge:
i. Nationality
ii. Age
EX: Agreement
d. When to question jurisdiction of AT:
i. No jurisdiction  not later than
submission of defense
ii. Exceeded jurisdiction  raise
ASAP during proceedings
10. Kompetenz-Kompetenz – AT may independently
rule on whether it has jurisdiction, existence or
validity of the AA.
11. Separability – arbitration clause is treated as
separate or independent from the other terms
of the contract.
12. Interim measures – any temporary measure
given at any time prior to the issuance of award.
a. Grounds:
i.
b. When may be requested/given – before
or during proceedings; NOT after.
13. Grounds for refusing recognition and
enforcement of AT award:
a. Incapacity of party
b. AA is void/not valid
c. Lack of due process
(proceedings/appointment)
 d. Award is not within dispute or beyond
AA
e. Composition of AT was not in
accordance with AA
14. Commencement of proceedings – date of
receipt by the respondent of the demand to
submit to arbitration.
15. Parties are free to agree on the place, language,
and rules of the proceedings.
16. Default of parties – unless otherwise agreed:
a. Claimant fails to communicate claim 
Termination of proceedings
b. Respondent fails to communicate
defense  Proceed
17. Three (3) laws appliable:
a. Substance of dispute – contract of the
parties (main contract)
b. Procedure – AA
c. Applicable law – Law where the
contract is executed
18. Mandate of the AT terminates upon termination
of proceedings.
19. Modifications:
a. When applicable
i. Correction – any type
ii. Interpretation – any type
iii. Setting aside – international
commercial arbitration
iv. Vacation – domestic
v. Refusing/reject R&E – foreign
arbitral award
b. When to request
i. Correction – within 30 days
from receipt of award
ii. Additional – within 30 days
from award
iii. Setting aside – within 3 months
from receipt of award
iv. Vacating – after 30 days from
issuance of award
v. Rejecting/refusing --
c. Grounds
i. Correction –
clerical/typographical
1. Evident miscalculation
of figures
2. Kljkl
ii. Setting aside
iii. Vacating
iv. Rejecting/refusing  No. 13
ADR Act of 2004 and IRR
20. ADR System – any process or procedure
a. Used to resolve dispute/controversy
b. Other than by adjudication of judge of
court or officer of government agency
c. Neutral party participates to assist
(optional in negotiation)
d. Includes:
i. Arbitration
ii. Mediation
iii. Conciliation
iv. Early neutral evaluation
v. Mini-trial
vi. Or any combination.
21. ADR providers – institutions or persons
accredited to serve as mediator, etc.
a. Parties may choose NON-ACCREDITED
persons
b. Liability – same as government officers
i. Upon showing of bad faith,
malice, or gross negligence.
22. Policies of ADR systems
a. Promote party autonomy
b. Achieve speedy and impartial justice
c. Declog court dockets
d. Participation of the private sector
23. Important terms
a. Court annexed mediation – conducted
under the auspices of the court | part of
court proceedings/pre-trial
b. Court-referred mediation – ordered by
the court to be conducted in
accordance with the parties’ AA
24. ADR systems (differentiation)
 a. Arbitration – where one or more
arbitrators resolve dispute by rendering
an award.

b. Mediation – mediator facilitates

communication and negotiation by the
parties, and assists them in reaching a
voluntary agreement.

c. Mini-trial – structured method where

the merits of the case are argued before
a panel consisting of senior decision
makers of the parties (meet halfway)

d. Early neutral evaluation – parties are

brought together early in the pre-trial
phase to present summaries of their
cases; neutral third person will evaluate.

e. Mediation-arbitration – combination of
mediation and arbitration where parties
will first conduct arbitration and they
will proceed with arbitration if they fail
to arrive at a voluntary settlement.

25. Confidential information – any information

relative to the subject of mediation, etc. which
are expressly intended not to be disclosed or
obtained under circumstances where there is
reasonable expectation of confidentiality.
a. Includes:
i. Communications in the
proceedings, even from that of
a non-party participant
ii. Pleadings, etc.
iii. Statements during the
proceedings

26. Limitations to ADR – the following subject

matters cannot be the subject of ADR