ARBITRATION

Group 1 “Group ng Pogi”

ARROJO, PAUL S.
ANTIDO, JOSE MARI
ARCIAGA, JOHN CARLO
BACLAY, JOSEPH
BONDOC, JOSHUA
ARBITRATION
• Arbitration is the most intrusive form of
third party intervention. The arbitrator
rarely attempts to facilitate settlement, but
is usually retained to resolve the dispute
once and for all. Arbitration can be as
adversarial as litigation, but it has the
advantages of being less costly, and it
moves faster to a binding result.
Primary Domestic Sources of Arbitration
Law

• Republic Act 9285 (RA 9285) – “The ADR Act of 2004”

which is UNCITRAL based. For international arbitration,
the UNCITRAL MODEL LAW was adopted as an Annex to
the law and the “travaux preparatories” were expressly
referred to in interpreting the same.
• Republic Act 876 (RA 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
Primary Domestic Sources of Arbitration
Law

• Executive Order 1008 (EO 1008) – The

Construction Industry Arbitration Law which
created the Construction Industry Arbitration
Commission (“CIAC”). EO 1008 governs
construction arbitration and its rules are ICC-
based.
INTERNATIONAL COMMERCIAL ARBITRATION

• When is arbitration international?

1. If the parties to an arbitration agreement have, at the timeof
the conclusion of that agreement, their places ofbusiness in
different States.
2. If the place of arbitration, contract performance, or the place of
the subject matter of the dispute is situated in a State other
than the place of business of the parties
3. The parties expressly agree that subject matter is international
DOMESTIC ARBITRATION

• Scope: Domestic Arbitration means an

aribtration that is not international, as
defined in Article 1(3) of the UML (ADR Law,
Sec. 32)
TYPES OF ARBITRATION

• Judicial arbitration
• Contractual arbitration
• Arbitration by stipulation
Judicial arbitration

• is a statutory procedure by which certain types of cases are

directed to nonbinding arbitration before trial.
• This process was designed to expedite and streamline resolution of
actions through an arbitrator’s neutral evaluation, accomplished
through a simplified and economical procedure for obtaining
prompt and equitable resolution of disputes. Court-ordered
arbitrations are non-binding, meaning that either party who is
dissatisfied with the arbitrator’s award may request a new trial.
Contractual arbitration

• is a legal process by which a dispute arising from or related to a

contract is resolved.
• In contractual arbitration, the parties have agreed pursuant to an
arbitration provision in their contract that in the event of a
dispute, the matter will be resolved by arbitration.
• Most commonly, an arbitrator or a panel of arbitrators will listen
to evidence and arguments from both sides regarding the dispute.
• The arbitrator will then come to a decision and issue an award
that is final except for certain extraordinary circumstances. 
Arbitration by stipulation
• is based on a post-dispute agreement between the parties
whereby they have agreed to arbitrate their dispute after it has
arisen. The parties must then choose which set of rules and
procedures to follow to guide the proceedings.
• Arbitration by stipulation is typically binding and the arbitrator’s
award is final except for certain extraordinary circumstances.
What are the Advantages of
Arbitration?
• The parties are encouraged to work together peaceably and often
participate in structuring the resolution, which avoids the
escalation of anger and hostility often associated with litigation.
• Since arbitration is a less formal and more flexible process, it is
typically faster and more cost-efficient than the more
cumbersome court process.
• Unlike trials, arbitration proceedings can be scheduled around the
needs and availabilities of the parties (depending on the
availability of the arbitrator).
What are the Advantages of
Arbitration?
• There are more simplified rules of evidence and procedure. The
convoluted rules of evidence do not apply and the right to discovery
– often criticized as a delaying and game-playing tactic – is either
limited by the parties’ agreement or is at the arbitrator’s discretion
(with limited exception for personal injury cases).
• There are limited grounds for judicial review in order to effectuate
the parties’ agreement that the award be
• The parties select their arbitrator or panel of arbitrators directly,
enabling them to pick someone with the requisite amount of
experience and subject matter expertise to render an accurate and
appropriate award.
• The arbitration process is private and confidential.
What is the Arbitration
Process?
• To begin the arbitration process, a claimant submits a demand for
arbitration, stipulation to arbitrate or court order to ADR Services, Inc.,
and the opposing party (respondent) may file a response to the claim.
• The neutral arbitrator collects evidence and hears arguments from both
parties
• Pre-hearing conferences determine procedural matters for the
arbitration hearing
• At the arbitration hearing, the parties present opening statements,
evidence such as documents and tangible objects, and witnesses who
testify and are cross-examined. 
What is the Arbitration
Process?
• Closing arguments may also be presented at the hearing, or
submitted afterwards in the form of a post-hearing brief.
• The arbitrator will then issue an award.
• The arbitrator’s award consists of a written decision, which may
simply consist of a statement of the relief awarded to each party,
or it may include a written explanation of the arbitrator’s
findings.
• Appeal or review of an arbitrator’s decision is limited and must be
based on extraordinary circumstances.
Tnx for not listening.