Professional Documents
Culture Documents
Rules of Interpretation
o International commercial arbitration shall be governed
by the Model Law
o The court shall have due regard to the policy of the law
in favor of arbitration and the policy of the Philippines
to actively promote party autonomy in the resolution
of disputes or the freedom of the parties to make their
own arrangement to resolve their dispute
Degree of court intervention GR: court shall not intervene;
XPN: special ruled on ADR
Statement of Claim and Defense
o Claimant State the:
Facts supporting his/her/its claim
The points at issue
Relief sought
o Respondent defenses
Arb agreement in writing, signed by the parties or in an
exchange of letters or other means of com which provide
recode of the agreement or in an exchange of statements of
claim and defense
o Arb agreement
o Arb clause in a contract
o If court has case before it, one or both parties request
not later that preliminary confe to submit it for arb
unless the arb clause is found to be null and void
Interim measures request to AT
o May be availed after constitution of AT and during the
proceedings
Constitution of AT after acceptance of arb and
notice of acceptance to the parties.
Appointment of arbitral tribunal
o Number of arbs - Parties free to agree
Failing such agreement 3
Domestic Arbitration
ADR Act and Department Circular No. 98 basically the same
UNCITRAL
International elements:
1. Place of business of parties are in different states;
2. Same states but they agree to conduct arb to another
state
3. Place of business/domicile the same but the subject matter
of the arb is to be complied with or conducted in a different
state
4. If the parties agrees that the subject matter relates to
more than one state
May be institutional or ad hoc