A.M. NO.

07-11-08-SC

SPECIAL RULES OF COURT

ON
ALTERNATIVE DISPUTE
RESOLUTION
SPECIAL RULES OF COURT ON ADR

• Special proceeding
• Summary process
(15-05-01-30)
• Proof of Service
 CONTENTS OF PETITION
• Legal capacity
• Nature and substance of the dispute
• Grounds and the circumstances
• Relief
 PROHIBITED SUBMISSIONS
• Motion to dismiss, bill of particulars,
new trial
• Petition for relief from judgment
• Motion for extension
• Rejoinder to reply
• Motion to declare a party in default
JUDICIAL RELIEF BEFORE / AFTER
COMMENCEMENT OF ARBITRATION

• Invalid, void, unenforceable or

inexistent
• 30 days after notice
 REFERRAL TO ADR
• A party to pending action, in violation
of the arbitration clause
• Not later than pre-trial conference or
at any time during the proceedings if
parties’ agreed to refer it to ADR
• Dispute is covered by an arbitration
agreement
 INTERIM MEASURES OF PROTECTION

• Before or after arbitration commenced

• Prevent irreparable loss or injury
• Provide security of performance
• Produce or preserve evidence
• Compel appropriate act or omission
 TYPE OF INTERIM MEASURES OF
PROTECTION
• Preliminary injunction
• Preliminary attachment or
garnishment of funds
• Appointment of a receiver
• Detention, preservation, delivery or
inspection
• Enforcement of interim measure
 APPOINTMENT OF ARBITRATORS

• Failed or refuse to appoint

• Failed to provide method of
appointment
• 2 Arbitrators failed to appoint their
3rd arbitrator
 CHALLENGE TO APPOINTMENT OF
ARBITRATOR
• Disclosure and doubts of
impartiality
• Possess disqualification set by the
parties
 ASSISTANCE IN TAKING EVIDENCE

• Subpoena ad testificandum
• Taking of deposition
• Examination, inspection, recording
• Copying of documents
CONFIDENTIALITY / PROTECTIVE ORDERS

• A need to enforce the confidentiality

of information obtained
• Prejudiced by an unauthorized
disclosure of the information, to be
obtained, during an ADR proceeding
CONFIRMATION, CORRECTION OR VACATION OF
AWARD IN DOMESTIC ARBITRATION

• 30 days period
• Corruption, fraud, undue means
• Misconduct, disqualification, GAD
• Minority, incompetent parties
• Miscalculation of figures, omission
or award is imperfect
 RECOGNITION AND ENFORCEMENT OR
SETTING ASIDE OF INTERNATIONAL
COMMERCIAL ARBITRATION AWARD
• 3 months time
• Incapacity, contrary to law, lack of
due process, not covered by arbitration
agreement
• Tribunal not in accordance with
parties’ agreement or Philippine law
 RECOGNITION AND ENFORCEMENT OF A
FOREIGN ARBITRAL AWARD
• Comity and Reciprocity
• Incapacity, contrary to law, lack of
due process, not covered by
arbitration agreement
• Tribunal not in accordance with
parties’ agreement or Philippine law
DEPOSIT AND ENFORCEMENT OF MEDIATED
SETTLEMENT AGREEMENTS
• Deposited with the Clerk of Court
• Registry Book
• Defaulted to perform its obligation
under said agreement
 REFERRAL TO CIAC

• Construction dispute
• Existence of the arbitration agreement
• Unless parties submit written
agreement making the court to resolve
the dispute
 REFERRAL TO CIAC
• The court shall not dismiss the action:
o not all disputes or parties may be referred
to arbitration
o not all parties bound to arbitration agreement
o results to multiplicity of suits
o speedily and efficiently resolved by the court
CODE OF
PROFESSIONAL
RESPONSIBILITY
Rule 1.04 - A lawyer shall
encourage his clients to
avoid, end or settle a
controversy if it will
admit of a fair settlement.
JUSTICE SHOULD PEACE IS NOT
BECOME CHEAP AND ABSENCE OF
EXPEDITIOUS. TODAY CONFLICT, IT IS
IT IS THE LUXURY OF THE ABILITY TO
THE RICH AND THE HANDLE
JOY OF THE CONFLICT BY
GAMBLER. PEACEFUL
-GANDHI-
MEANS.
-RONALD REAGAN-