Professional Documents
Culture Documents
CH 5 ICA
International
-
ICA
-
IRR
-
Rules of interpretation
-
Delivered to the
addressee personally, his
place of business, habitual
residence or mailing
address
Confidentiality in ICA
-
Disclosed
o
Consent of the parties
o
Limited purpose of disclosing to the
court relevant docu in cases which
resort to the court is allowed
Place of ICCA
-
GR: parties
o
Default:Metro manila
Parties
o
Language in ICA
-
Parties
o
English
Substantive law
Absence of agreement:law determined by
conflicts of law rules determined by arbitral
tribunal
If appointed arbitratorestopped
Unlessw.o the
knowledge,
actual or
constructive of
the actual facts
Unless delay is
justified
ASSISTANCE to the
tribunal
6. Conclusion/closure
2 ways
Correct or
interpret the
award
Set aside an
exclusive
recourse
Reserved to the
quantification of
costs and
determination of
the party liable
Arbitral award becomes final executory
-
Costs in ICA
-
Foreign arbitration
Not requiring
recognition
-ICA award rendered
outside the Phil is not
and can only be
recognized or refused
recognition
-if recognized by RTC;
shall be enforced in the
same manner as final
and executory
decisions of courts of
law
Domestic arb
Go throught the
process of confirmation
-no need for Phil courts
to give arbitral awards
rendered
-legal recognition under
Phil law apart from
confirmation
-ICA award rendered in
the Phil susceptible of
vacation by phil court
Presumptive evidence of a
right as bet. The parties
and their successors in
interest by subsequent
title
Provided no want
of jurisdiction, no
want of notice,
no collusion, no
fraud and no
clear mistake of
fact or law.