Where the situation is more urgent such as

when
a
question involving confidential
information has already been
propounded to
a witness a timely objection must be raised
before the question is answered.

H. Confidentiality/Protective Orders
(Rules 10.1 to 10.10 Special ADR Rules)
Different from the interim protective measures under Rule 5 of
the Special ADR Rules.
Refers to the judicial enforcement of the confidential nature of
information disclosed or obtained during an ADR proceeding.
Applicability:

Circumstances covered by these rules:

What should be stated in the petition or motion?

a. An arbitral award has been rendered either in a:

a. That the information sought to be protected was obtained or

would be obtained during an ADR proceeding;

a. An ADR proceeding is pending;

b. The applicant would be materially prejudiced by the disclosure of

that information;

b. A party, counsel or witness disclosed information or was

otherwise compelled to disclose information;

c. The person or persons who are being asked to divulge the

confidential information participated in the ADR proceedings; and

c. The disclosure was made under circumstances that would create

a reasonable expectation, on behalf of the source, that the
information shall be kept confidential;

d. The time, date and place when the ADR proceedings took place.

d. The source of the information or the party who made the

disclosure has the right to prevent such information from being
disclosed;

The comment or opposition must be filed within fifteen (15) days

from service of the petition or motion.

e. The source of the information or the party who made the

disclosure hos not given his express consent to any disclosure; and
f. The applicant would be materially prejudiced by an unauthorized
disclosure of the information obtained or to be obtained during the
ADR proceeding.
Procedures:

No pending court proceeding

It may be accompanied by proof that:

b. The information was not obtained during an

proceeding;

the

There is already a pending court proceeding

The applicant should file with the court
where
the
proceeding is pending a MOTION to enjoin the disclosure or to
suppress the
confidential information.
Being a litigated motion, the movant is
required to set
the motion for hearing in accordance with Rule 15 of the 1997
Rules of Civil Procedure.

(i) domestic arbitration;

(ii) international commercial arbitration
the Philippines; or

conducted in

(iii) foreign arbitration resulting in a convention

award or non-convention award but with comity and
reciprocity (as in convention award).
b. A party seeks to:
(i) confirm, correct or vacate the domestic arbitral
award;
(ii) recognized and enforce, or set aside the international
commercial arbitral award rendered in
the Philippines; or
(iii) recognize and enforce the foreign convention
award or the foreign as-in convention award.

a. The information is not confidential;

ADR

c. There was a waiver of confidentiality; or

3. Court Action

The initiatory pleading shall be a PETITION

to be
filed with the Regional Trial Court of
the place where the
order may be
implemented.
A copy of the petition shall be served upon
respondent before it is filed in court.

2. Comment / Opposition

d. The petitioner or movant is precluded from asserting

confidentiality.

1. Petition or Motion

Govern the confirmation, recognition, enforcement, correction,

vacation or setting aside of arbitral awards.

Petition, Meritorious. The court shall issue an order enjoining the

persons involved from divulging confidential information.

Ia. Confirmation, Correction or Vacation of Domestic Arbitral

Awards (Rules 11.1 to 11.9, Special ADR Rules)
Confirmation not Recognition.
Recognition pertains to the grant of legal effect by
Philippine courts to an arbitral award with foreign
elements.
A domestic arbitral award carries with it the
presumption that it was rendered in due course of
the
arbitration and is, thereof, entitled to
confirmation by the
court.
Causes of Action and Grounds

4. Relief against court action

The order enjoining the disclosure of confidential information shall
be immediately executory and may not be enjoined while the order
is being questioned before the appellate courts.
The order enjoining or refusing to enjoin persons involved from
divulging confidential information may be the subject of a motion
for reconsideration or appeal, but not a petition for certiorari.

I. Confirmation, Recognition, Enforcement, Correction,

vacation or Setting Aside of Arbitral Awards (Rules 11 to 13,
Special ADR Rules)

Three (3) principal causes of action:

a. CONFIRMATION of the domestic arbitral award.
The petition for which can be filed at any time
after
the lapse of thirty (30) days from receipt by the
petitioner
of
the arbitral award.
The petition shall be
granted unless there exist to
vacate the arbitral award.
b. CORRECTION or modification of the domestic arbitral award.

 The petition for which must be filed not later than thirty
(30) days from receipt of the arbitral award.
The GROUNDS are as follows:
(i) There was an evident miscalculation of
(ii) The arbitrators have awarded upon a
submitted to them;

INITIATORY RELIEF is that which is pleaded in the

initiatory petition.

figures;
matter

not

(iii) The arbitrators have omitted to resolve an issue; and

(iv) The award is imperfect in a matter of form.
c. VACATION of the domestic arbitral award.
The petition for which must also be filed not later
thirty (30) days from receipt of the arbitral award.

It allows the combination of two (2) or more RELIEFS to be

pleaded in the same proceeding.

RELIEF-IN-OPPOSITION is that prayed for in order

to oppose the initiatory relief.
SUPPLEMENTARY RELIEF as in the case of a prayer
for correction of an arbitral award in support of or in
opposition to either a petition for confirmation or for the
setting aside of a domestic arbitral award.
Specifically, the following combinations are possible:

than

The GROUNDS are as follows:

(i) The arbitral award was procured through corruption,
fraud or other undue means;

a. Confirmation / vacation. A petition for confirmation of a

domestic award can be opposed by a petition-in-opposition seeking
to vacate the award.
b. Confirmation / correction. A petition for confirmation of a
domestic award may include a petition for the correction of the
arbitral award.

The petition must contain

a. an authentic copy of the arbitration agreement,
b. an authentic copy of the arbitral award a certification
against forum shopping, and
c. an authentic
arbitral tribunal.

copy

of

the

appointment

of

the

HOWEVER, where confirmation, correction or vacation of the

domestic arbitral award is to be pleaded in opposition to a pending
petition, the oppository pleading to be filed is a petition-inopposition.
2. Comment / opposition / petition-in-opposition
If the petition is sufficient in form and substance, the court shall
cause notice and a copy of the petition to be delivered to the
respondent.
Within fifteen (15) days from receipt of such notice, the
respondents may file a comment, opposition, or a petition-inopposition unless the period for the filing thereof has prescribed.

(ii) There was evident partiality or corruption in the

arbitral tribunal or any of its members;

c. Vacation / correction. A petition to vacate an award may

include a petition for the correction of the domestic arbitral award.

(iii) The arbitral tribunal was guilty of misconduct;

HOWEVER, the rules do not allow the filling of petitions-inopposition to vacate or correct a domestic arbitral award beyond
the reglementary period for the filing of the petition had it been
filed in the first instance.

The petitioner may file a reply within fifteen (15) days from
receipt of the comment or opposition, or a comment or opposition to
the petition-in-opposition.

(v) The arbitral tribunal exceeded its powers;

Procedural Rules

4. Hearing

(vi) The arbitration agreement did not exist;

1. Petition

The proceeding for the confirmation correction or vacation of

domestic arbitral awards may be SUMMARY or REGULAR.

(iv) One or more of the arbitrators was disqualified to

act as such;

(vii) A party to the arbitrations is a minor or a person

judicially declared to be incompetent in which case, the
petition shall be filed only on behalf of the minor
or
the
incompetent person, and shall allege that
(a) the other party had knowingly entered
submission or agreement; and

into a

(b) the submission to arbitration was made by a

guardian or guardian who was not authorized to do so by a
competent court.
IMPORTANT: The foregoing grounds are exclusive and the
court cannot consider any other grounds.
Combination of Causes of Action
Available in proceedings allowing vacation or setting aside or
correction of the arbitral award.

To be filed with the Regional Trial Court having jurisdiction over

the place
a. in which one of the parties is doing business;
b. where any of the parties resides; or
c. where the arbitration proceeding was conducted.
The petition must state the
a. addresses of the parties and any change thereof;
b. the jurisdictional issues raised by a party during
arbitration proceedings;
c. the grounds relied upon; and
d. the date of receipt of the arbitral award and the
circumstances under which it was received by the petitioner.

3. Reply

a. Summary Proceedings
If the court finds through the petition or petition-in-opposition
thereto that there are issues of fact, it shall require the parties to
submit the affidavits of all their witnesses (within a
period of not more than fifteen (15) days from
receipt of the
order) and
reply affidavits (within ten (10) days from receipt
affidavit to be replied to).

of the

b. Regular Proceedings
If the court finds that there is a need to conduct an oral hearing
the court shall set the case for hearing during which the affidavits of
the witnesses shall take the places of their direct testimonies and
they shall take the place of their direct testimonies and they shall
be immediately subjected to cross-examination.

 The court may either confirm or vacate the award.

(ii) The party making the application to set aside or resist

enforcement was not given proper notice of appointment
or
an
arbitrator or of the arbitral
proceedings or was otherwise
unable to present his
case;

If, on the basis of the petition, the opposition, the affidavits and
reply affidavits, the court finds a need to conduct an oral hearing, it
shall set the case for hearing during which the affidavits of
witnesses shall take the place of their direct examination
(REGULAR PROCEEDINGS).

It shall confirm the award unless a ground exists to vacate the

domestic arbitral award.

b. Or the court finds that:

4. Suspension of the proceedings

(i) The subject matter of the dispute is not capable of

settlement by arbitration under the law of the
Philippines; or
(ii) The recognition or enforcement of the award
would
be contrary to public policy.

The court, upon motion of party, may suspend the proceedings in

order to give the arbitral tribunal an opportunity to resume the
arbitral proceedings or take such other action as will eliminate the
grounds for setting aside.

5. Court action

The arbitral award carries with it the presumption that is has been
issued in due course of the arbitration and is subject to confirmation
by the court.
6. Relief against court action
The order of the court confirming, vacating or correcting a
domestic arbitral award may the subject of a motion for
reconsideration, appeal or petition for certiorari.
Section 29 of the Arbitration Law limits the appeal to questions of
law only.

Procedure Rules
5. Judgment

1. Petition
Filed with the Regional Trial Court
(i) where the arbitration proceedings were

Ib. recognition, Enforcement or Setting Aside of ICA Awards

(Rules 12.1 to 12.14, Special ADR Rules)
Govern the recognition and enforcement or setting aside of an
international commercial arbitral award rendered in the Philippines.
ICA award rendered outside the Philippines. It shall be
treated as a foreign arbitral award.

located;

conducted;

(ii) where any of the assets to be attached or levied upon is

(iii) where the act to be parties to the enjoined will be or is

being performed;
(iv) where any of the parties to the arbitration resides or
has his place of business; or

Causes of Action
a. Recognition and enforcement of an ICA award

(v) in the National Capital Judicial

b. Setting aside an ICA award

The petition for which should be filed within three (3)
months from the time the petitioner receives a
copy of the
ICA award
Judicial correction or modification is not available
ICA award.

for an

Grounds
a. The party making the application furnishes proof that:
(i) A party to the arbitration agreement was under
incapacity,

2. Notice, opposition and reply

Petition is sufficient in form and substance. The court shall cause
a notice and a copy of the petition to be delivered to the respondent
directing him to file an opposition thereto.
3. Hearing

The proscription against forum shopping is also

strictly observed in the filing of these combined
petitions.

some

HOWEVER: The court cannot direct the arbitral tribunal to revise

the arbitral award one way or the other, revise its findings of fact or
conclusions of law, or otherwise encroach upon the independence of
the arbitral tribunal in making the final award.

The court may conduct the hearing through

(i) the submission of briefs of legal arguments if the
is mainly one of a law;

issue

(ii) the submission of affidavits of witnesses, reply

affidavits and documents in support thereof if there are
issues of fact relating to the grounds relied upon
for the petition
(SUMMARY PROCEEDINGS).

The arbitral award carries with it the presumption of having been

made and released in due course and is subject to enforcement by
the court.
In resolving the petition, the court shall either set aside or enforce
the arbitral award and may awards costs including attorneys fees.
The court shall not disturb the arbitral tribunals determination of
facts or interpretation of the law.
6. Relief from court action
The court order setting aside, dismissing the petition to set aside,
recognizing and enforcing, or dismissing the petition to recognize,
an ICA award may be the subject of a motion for recognition
or an appeal, but not of a petition for certiorari.
A court order suspending the proceedings to set aside an ICA
award and referring the case back to the arbitral tribunal or
adjourning or deferring a ruling on a petition to set aside or
recognizing and enforcing an ICA award are susceptible of
motions for reconsideration or petitions for certiorari.
A court order allowing a party to enforce an award pending
appeal, or adjourning or deferring a ruling on whether to set aside,
or recognize and enforce an ICA award may be the subject of a
petition for certiorari.

Recognition and Enforcement of foreign Arbitral Awards

(Rule 13.1 to 13.12, Special ADR Rules)

Foreign Arbitral Award

One that is made in a country other than the Philippines

No state can exercise the power to review, revise, amend, modify,

supplant, set aside, Alter, revoke or cancel the decision of a foreign
court or tribunal.

Includes an international commercial arbitral award rendered

outside the Phils.

There is no rule or proceeding for the vacation or setting aside of

foreign arbitral awards.

Governed by the 1958 New York convention and Rule 13 of the

special ADR Rules.

Combination of relief is not available.

Rule 13 of the special ADR Rules

Applicable only to convention and as- in convention awards.
Not applicable to foreign arbitral awards rendered in a nonconvention country which does not extend comity or reciprocity to
the Philippines
Nevertheless be recognized and enforced under Section 48, Rule
39 of the 1997 Rules of civil Procedure
Convention award-is a foreign arbitral award made in a state
which is a party to the New York convention
As in convention awards-is one which not a party to the New York
convention, maybe recognized and enforced by Philippine courts by
reasons of comity and reciprocity as if it is a convention award
Philippine courts do not have the authority to set aside, correct or
modify foreign arbitral awards they having been rendered under the
authority and jurisdiction of another state. This is rooted in the
international law principle of equality among state.

Grounds which Philippine courts may refuse recognition and

enforcement to foreign arbitral awards
1

The party making the application to refuse recognition and

enforcement furnishes proof that
a
A party to the arbitration agreement was under some
incapacity, or the said agreement is not valid under
the law to which the party have subjected to it or,
failing any identification thereof, under the law of the
country where the award was made.
b
The party making the application was not given proper
notice of the appointment of an arbitrator or was
otherwise unable to present his case
c
The award deals with the dispute not contemplated by
or not falling within the terms of the submission to
arbitration or contains decision on matters beyond the
scope of the submission to arbitration provided that if
the decision on matters submitted to arbitration can
be separated from those not so submitted, only that
part of the award which contains decision on matters
not submitted to arbitration maybe refused recognition
d
The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement

of the parties or falling such agreement was not in

accordance with the law of the country where
arbitration took place.
The award has not yet become binding on the parties
or has been set aside or suspended by a court of the
country in which that award was made.

Or the court finds that:

a
The subject matter of the dispute is not capable of
settlement by arbitration under Philippine law
b
The recognition or enforcement of the award would be
contrary public policy

Procedural Rules in petitions for the recognition or

enforcement of convention and as in convention foreign
arbitral awards.
1
2
3
4

Petition
Notice and opposition
Hearing
Decision