AA

POINTERS TO REVIEW IN ALTERNATIVE DISPUTE RESOLUTION

I. Procedures on Arbitration Process (Procedures to adapt when the arbitrator cannot
make a definitive ruling?)
II. Disclosure (What matters are to be disclosed to the parties?)
III. Party Autonomy vs Statutory Arbitration
IV. Classification of Courts which intervene in the Arbitration
V. Cognizance of International Arbitration agreement /awards outside the Philippines
VI. Issues as to the appointing authority in arbitration in the presence or absence of a
provision in the arbitration agreement (Who can appoint?)
VII. Basis of right not to be appointed as an arbitrator
VIII. Crafting the Arbitration Procedure
IX. Schedule of fees
X. Parties failed to attend preliminary conference; refuse to sign the Terms of
Reference (TOR). (Under the ICC Arbitration as counsel for the corporation what are
the steps to take if you want to continue or go on with the arbitration process?)
XI. Rules of confidentiality
XII. If theres no disclosure
XIII. Non-lawyer serving as arbitrator
XIV. Remedies when the client avoid arbitration (whether or not arbitration process in
pathological?)
XV. What to do if the tribunal rule that it has no jurisdiction?
XVI. Suspension of arbitration during the pendency of a prior case
XVII. Independent autonomy of panel of arbitrators.
XVIII. May the party/parties withdraw the arbitrators appointment? (Grounds for
disqualification)
XIX. What to do when the arbitrator does not understand the legal basis/law of the
contract?
XX. What the arbitrator should do if there are two wrong legal theories?