Professional Documents
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SEC. 42. Application of the New York Convention. - The New York
Convention shall govern the recognition and enforcement of arbitral awards covered
The recognition and enforcement of such arbitral awards shall be filed with
the Supreme Court. Said procedural rules shall provide that the party relying on
the award or applying for its enforcement shall file with the court the original or
authenticated copy of the award and the arbitration agreement. If the award or
agreement is not made in any of the official languages, the party shall supply a duly
The applicant shall establish that the country in which foreign arbitration
been made, the regional trial court may, if it considers it proper, vacate its decision
and may also, on the application of the party claiming recognition or enforcement of
Senate under resolution No. 72. It provides for the recognition and
arbitration.
The recognition and enforcement of such arbitral awards shall be filed with
promulgated by the Supreme Court. Said procedural rules shall provide that
the party relying on the award or applying for its enforcement shall file with
the court the original or authenticated copy of the award and the arbitration
the party shall apply a duly certified translation thereof in any of such
languages.
The applicant shall establish that the country in which the foreign
If the applicant for rejection or suspension of the award has been made, the
Regional trial Court may, if it considers it proper, vacate its decision and may
VACATE
Vacate means “to render void; to “set aside. It is a fundamental percept that a
mistakes or misprisions. Because the court loses jurisdiction upon the finality
of its decision, except to order its decision within its lifetime. An award, being
SEC. 43. Recognition and Enforcement of Foreign Arbitral Awards Not Covered by
the New York Convention. - The recognition and enforcement of foreign arbitral
awards not covered by the New York Convention shall be done in accordance with
procedural rules to be promulgated by the Supreme Court. The Court may, grounds
convention award.
RECOGNITION
the formal admission that a person, entity or thing has a particular status.
ENFORCEMENT
AWARDS
the New York Convention shall be done in accordance with procedural rules
convention award.
jurisdiction of another, whereas judicial comity is not a rule of law, but one of
practical convenience and expediency based on the theory that a court which
assertion of another court unless it is undesirable that give way to the other.
RECIPROCITY
Reciprocity does not involve a vested right but would exist without it.
SEC. 44. Foreign Arbitral Award Not Foreign Judgment. - A foreign arbitral award
A foreign arbitral award, when confirmed by the regional trial court, shall be
A foreign arbitral award, when confirmed by the regional trial court, shall be
enforced in the same manner as final and executory decisions of courts of law of the
Philippines.
court in the Philippines. However, when a foreign arbitral award has been
confirmed by the regional trial court, the same shall be enforced as a final
them with the force and effect of a final and executor court decision in the
Philippines.
Supreme Court only on those grounds enumerated under Article V of the New York
Convention. Any other ground raised shall be disregarded by the regional trial
court.
grounds enumerated under Article V of the New York Convention. Any of the
SEC. 46. Appeal from Court Decisions on Arbitral Awards. - A decision of the
The losing party who appeals from the judgment of the court confirming an arbitral
award shall be required by the appellant court to post counter bond executed in
favor of the prevailing party equal to the amount of the award in accordance with
APPEAL
court decision and a reversal of the lower courts judgment or the granting of
new trial.
Supreme Court. However, the losing party who appeals from the judgment of
SEC. 47. Venue and Jurisdiction. - Proceedings for recognition and enforcement of
an arbitral award, and any application with a court for arbitration assistance and
supervision shall be deemed as special proceedings and shall be filled with the
asset to be attached or levied upon, or the act to be enjoined is located; (iii) where
any of the parties to the dispute resides or has his place of business; or (iv) in the
JURISDICTION VS VENUE
Jurisdiction implies the power of a court to decide a case, while venue is the
Thus, the court may dismiss an action motu propio in case of lack of
jurisdiction over the subject, litis pendentia, res judicata, and prescription
but not for improper venue. Jurisdiction is conferred by law and not be mere
and enforcement of an arbitral award, the Court shall send notice to the parties at
their address of record in the arbitration, or if any party cannot be served notice at
such address, at such party's last known address. The notice shall be sent at least
fifteen (15) days before the date set for the initial hearing of the application.
NOTICE
postponement is denied.
the Court shall send notice to the parties at their address of record in the
party’s last known address. The notice shall be sent at least fifteen (15) days