What about arbitration before the NLRC, is it

voluntary?
 No, The National Labor Relations Commission (NLRC), a quasi-
judicial agency attached to the Department of Labor and
Employment (DOLE), is mandated to adjudicate labor and
management disputes involving both local and overseas workers
through compulsory arbitration and alternative modes of dispute
resolution.
Then why call it Arbitration?

 “Compulsory Arbitration" is when the law declares the dispute

subject to arbitration, regardless of the consent or desire of
the parties.
What gives the arbitration body its jurisdiction?

Quasi-judicial bodies can only exercise such powers and jurisdiction as are expressly
or by necessary implication conferred upon them by their enabling statutes. Like
courts, a quasi-judicial body's jurisdiction over a subject matter is conferred by law and
exists independently from the will of the parties.
The arbitral tribunal acquires jurisdiction over the parties and the subject matter
through stipulation. - Fruehauf Electronics Philippines Corporation vs. Technology
Electronics Assembly and Management Pacific Corporation, G.R. No. 204197,
November 23, 2016.
Give ten (10 ) examples of Arbitral Tribunals

 Philippine Dispute Resolution Centre Inc.

 Construction Industry Arbitration Commission (CIAC)
 National Telecommunications Commission
 Department of Agrarian Reform under Republic Act No. 6657
 Government Service Insurance System
 Employees Compensation Commission
 Agricultural Invention Board
 Insurance Commission
 Philippine Atomic Energy Commission
 Board of Investments
 Human Settlements Adjudication Commission (Commission)
What is quantum of proof in arbitration

 All administrative determinations require only substantial proof and not clear and
convincing evidence xxx.
 Clear and convincing proof is ". . . more than mere preponderance, but not to
extent of such certainty as is required beyond reasonable doubt as in criminal
cases . . ." 13 while substantial evidence ". . . consists of more than a mere scintilla
of evidence but may be somewhat less than a preponderance . . . ." 14
 Consequently, in the hierarchy of evidentiary values, We find proof beyond
reasonable doubt at the highest level, followed by clear and convincing evidence,
preponderance of evidence, and substantial evidence, in that order.
Spouses Manalo vs Hon. Confesor, G.R. No. 102358 November 19,
1992(Black's Law Dictionary, 5th Ed., p. 227, citing Fred C. Walker C. Walker
Agency, Inc. v. Lucas, 215 Va. 535, 211 S.E. 2d 88, 92.)
How are arbitrators are elected?

 Section 8. Appointment of arbitrators. - If, in the contract for

arbitration or in the submission described in section two,
provision is made for a method of naming or appointing an
arbitrator or arbitrators, such method shall be followed; but if
no method be provided therein the Court of First Instance
shall designate an arbitrator or arbitrators. – R.A. 876
What is the Alternative Dispute Resolution Act of 2004,
UNCITRAL Law, the Arbitration Law or R.A. 876

 Alternative Dispute Resolution Act of 2004

The Philippine ADR system means any process or procedure used to resolve a dispute or controversy,
other than by adjudication of a presiding judge of a court or an officer of a government agency, in which a
neutral third person participates to assist in the resolution of issues (Article 1.6, Rule 2 of the Implementing
Rules and Regulations of the Alternative Dispute Resolution Act of 2004 (IRR of the 2004 ADR Act)).
 UNICITRAL LAW
The United Nations Commission on International Trade Law is the core legal body of the United
Nations system in the field of international trade law. A legal body with universal membership specializing in
commercial law reform worldwide for over 50 years, UNCITRAL's business is the modernization and
harmonization of rules on international business.
 R.A. 876
The Philippine Arbitration Law which is based on the U.S. Federal Arbitration Law. It continues to
govern domestic arbitrations as modified by RA 9285, including portions of the UNCITRAL MODEL
LAW.
Can you Appeal an Arbitral Award? To Where?
Under what rule?
 No, the law does not provide for an appeal of an award. A petition to vacate a domestic
award, and a petition to set aside or refuse the recognition of the international commercial
and foreign arbitral award, based on the grounds prescribed by law, are the exclusive
recourse against the award. Thus, a party to an arbitration is precluded from filing an
appeal or a petition for certiorari questioning the merits of an arbitral award (Special ADR
Rules, Rule 19.7), and, in this regard, Philippine courts are mandated: (a) not to disturb the
arbitral tribunal’s determination of facts and/or interpretation of law in a petition to vacate
a domestic award (Special ADR Rules, Rule 11.9), and (b) to dismiss any other recourse
from the arbitral award, such as by appeal or petition for review or petition for certiorari or
otherwise, with respect to an international commercial award (Special ADR Rules, Rule
12.5).