JUDICIAL FORMS/REVIEWS FOR DOMESTIC ARBITRATION (ABS-CBN Case)

1. Petition for review (R43)

2. Petition for certiorari (R65)
3. Petition to set aside in RTC
NOTE: Applicable ONLY in DA and NOT in ICA
Supplemental Reliefs = consistent reliefs (i.e. confirmation and correction)
Alternative Reliefs = inconsistent reliefs (i.e. vacate and correction)

Petition for confirmation can be filed anytime after the petition for vacation has been filed.
No such thing as alternative or supplemental cause of action in Domestic ICA.
If petition for recognition/enforcement was filed 3 months and 1 day, can you still file a petition
to set aside? NO Time barred. Effect = cannot ask for setting aside but can plead other grounds
in opposition to the petition to recognize. NO LONGER A PETITION TO SET ASIDE BUT AN
OPPOSITION (which grounds are the same as for setting aside).
There is an additional ground in setting aside/refusing to recognize and enforce Foreign Arbitral
Awards Why? We do not know the laws and rules of other countries. Remedy? Issue
Certificate of finality.

Kinds of Arbitral
Awards
Domestic AA
Domestic ICA
Foreign ICA
Foreign AA
Convention
As-in convention
Purely nonconvention

Capable of
Correction/
Modification
Yes
No
No
No
No
No
No

Recognition/ Vacation/Setting
Confirmation
Aside
Confirmation
Recognition
Recognition
Recognition
Recognition
Recognition
Under R39 of
ROC

Yes
Yes
No
No
No
No
No

Grounds for
Recognition /
Confirmation

The Same

Combinations
of Reliefs
Yes
Yes
No
No
No
No
No

UNDER THE RULES OF COURT