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Conciliation?
What is ADR?
Arbitration Mediation Conciliation
Any process or procedure used to resolve a dispute or a voluntary means a voluntary process whereby
controversy, other than by adjudication of a presiding dispute process in which a the parties to a
judge of a court or an officer of a government agency, as resolution mediator, selected dispute use a
defined in this Act, in which a neutral third party process in which by the disputing conciliator, who
participates to assist in the resolution of issues, which one or more
includes arbitration, mediation, conciliation, early neutral parties, facilitates meets with the
arbitrators,
evaluation, mini-trial, or any combination thereof. communication parties both
appointed in
and negotiation, separately and
What is the State Policy on ADR? accordance with
and assist the together in an
the agreement of
parties in
ADR act of 2004 declared the state policy
the parties, or reaching a attempt to resolve
Promote party autonomy resolution of dispute
rules voluntary their differences
Freedom of the party to choose or make their own promulgated agreement in an antagonistic
arrangement to resolve dispute pursuant to this regarding a manner.
Provides solutions that is less time consuming, Act, resolve a
less confrontational procedure of goodwill and lasting dispute
dispute by
friendship rendering an
Wave of the future in international relationship award
What are the Classification of forms of ADR? As to the permanency of the ADR provider
AD – HOC – temporary
As to the number of parties: Institutional – permanent
Bi – party – one or two parties
Multi – Party – two or more As to
the number of issues involve: Simple – What may be the subject of ADR under ADR Act of
one issues involve 2004?
Complex – two or more issues
As to the extent of conclusion Any adversarial dispute and controversy involving two
Complete – all issues involve is resolve parties; EXCEPT:
Partial – only two or three issues
a.) labor disputes covered by Presidential Decree No.
involve are resolved but not all
442, otherwise known as the Labor Code of the
As to the role of evidence in the proceedings Philippines, as amended and its Implementing
Evidentiary Rules and
Non – merit based Regulations;
As to the pendency of the court case b.) the civil status of persons;
Case – related – when there is a case c.) the validity of a marriage;
involved d.) any ground for legal separation;
Independent e.) the jurisdiction of courts;
As to the applicable law f.) future legitime;
Domestic – when the place of business g.) criminal liability;
and arbitration is in the Philippines
h.) those which by law cannot be compromised.
International – when the place of
business involved two states and arbitration
is outside the Philippines
Foreign – when the place of business is
outside the Philippines and the arbitration is
outside the Philippines.
CONSTRUCTION DISPUTES (Sec 37)
What law governs Arbitration Of Construction Disputes? A construction dispute is filed before the RTC, the latter,
Who has exclusive Jurisdiction over such disputes? prior to the pre-trial conference, dismissed the case
upon knowing that the parties had entered into an
Executive Order No. 1008, otherwise known as the arbitration to be conducted by the CIAC. Was the
dismissal proper?
Constitution Industry Arbitration Law. (Sec 34) Construction
disputes which fall within the original and exclusive jurisdiction
of the Construction Industry Arbitration Commission (the Yes, however, the parties, assisted by their respective counsel,
"Commission") shall include those between or among parties may submit to the regional trial court a written agreement
to, or who are otherwise bound by, an arbitration agreement, exclusive for the Court, rather than the CIAC, to resolve the
directly or by reference whether such parties are project dispute. (Sec 39)
owner, contractor, subcontractor, quantity surveyor, JUDICIAL REVIEW OF ARBITRAL AWARDS
bondsman or issuer of an insurance policy in a
construction project. (Sec 35) Who confirms a domestic award?
What are the requisites before Appointment of a The confirmation of a domestic award shall be made by the
Foreign Arbitrator by the CIAC can be made? regional trial court in accordance with the Rules of Procedure
to be promulgated by the Supreme Court.
(a) the dispute is a construction dispute in which one party
is an international party A CIAC arbitral award need not be confirmed by the regional
trial court to be executory as provided under E.O. No. 1008.
(b) the person to be appointed agreed to abide by the
arbitration rules and policies of CIAC; (Sec 40)
(c) he/she is either co- arbitrator upon the nomination of How is a foreign arbitral award recognized and
the international party; or he/she is the common choice of the enforced?
two CIAC-accredited arbitrators first appointed one of whom
was nominated by the international party; and If covered by the New York Convention:
(d) the foreign arbitrator shall be of different nationality • Governed by the New York Convention.
from the international party.
• Shall be filled with RTC in accordance with the Grounds to Reject a foreign Arbitral Award?
rules of procedure to be promulgated by the Supreme
Court. (a) The parties to the agreement referred to in article II
• Said procedural rules shall provide that the party were, under the law applicable to them, under some
file with the court the original or authenticated copy of incapacity, or the said agreement is not valid under the law
the award and the arbitration agreement. to which the parties have subjected it or, failing any
• If the award or agreement is not made in any of indication thereon, under the law of the country where the
the official languages, the party shall supply a duly award was made; or
certified translation thereof into any of such languages.
• The applicant shall establish that the country in (b) The party against whom the award is invoked was not
which foreign arbitration award was made is a party to given proper notice of the appointment of the arbitrator or of
the New York Convention. the arbitration proceedings or was otherwise unable to
present his case; or
(Sec 42)
(c) The award deals with a difference not contemplated by
If not covered by the New York Convention: or not falling within the terms of the submission to
The recognition and enforcement of foreign arbitral awards not arbitration, or it contains decisions on matters beyond the
covered by the New York Convention shall be done in scope of the submission to arbitration, provided that, if the
accordance with procedural rules to be promulgated by the decisions on matters submitted to arbitration can be
Supreme Court. The Court may, grounds of comity and separated from those not so submitted, that part of the
reciprocity, recognize and enforce a non-convention award as award which contains decisions on matters submitted to
a convention award. (Sec 43) arbitration may be recognized and enforced; or (d) The
composition of the arbitral authority or the arbitral procedure
Is a foreign arbitral award when confirmed by a court of was not in accordance with the agreement of the parties, or,
a foreign country, be recognized and enforced as a failing such agreement, was not in accordance with the law of
foreign arbitral award and not a judgment of a foreign the country where the arbitration took place; or
court?
(e) The award has not yet become binding on the parties, or
No. (Sec 44) has been set aside or suspended by a competent authority of
the country in which, or under the law of which, that award
was made.
(Article V New York Convention) (Sec 47)
How may a decision of the regional trial court confirming, • The Court shall send notice to the parties at their
vacating, setting aside, modifying or correcting an arbitral address of record in the arbitration, or if any party
award be appealed? cannot be served notice at such address, at such party's
last known address.
It may be appealed to the Court of Appeals in accordance with • The notice shall be sent at least fifteen (15) days
the rules of procedure to be promulgated by the Supreme before the date set for the initial hearing of the
Court. application.
The losing party who appeals from the judgment of the court
confirming an arbitral award shall required by the appealant
court to post counterbond executed in favor of the prevailing
party equal to the amount of the award in accordance with the
rules to be promulgated by the Supreme Court. (Sec 46)
It must be in writing
To what controversies and cases is this Act not
applicable? Subscribed by the party sought to be charged, or
his lawful agent. (Sec 4)
Those subject to the jurisdiction of the Court of Industrial
Relations or which have been submitted to it as provided by When shall arbitral proceedings be commenced?
Commonwealth Act Numbered One hundred and three, as
amended. (Sec 3) The commencement is determined by the prior
arbitration agreement between the parties
What is the effect if any suit or proceeding be brought
upon an issue arising out of an agreement provided for • In an institutional arbitration where there is no
arbitration? prior arbitration agreement – it is commenced in
accordance with the arbitration rules of the institutional
Upon being satisfied that the issue involved in such suit or arbitrator
proceeding is referable to arbitration, shall stay the action or • In an ad hoc arbitration where there is prior arbitration
proceeding until an arbitration has been had in accordance agreement – it is commenced upon the delivery by the
with the terms of the agreement: Provided, That the applicant, claimant to the respondent of a demand for arbitration.
How are arbitrators appointed? may have arisen after the arbitration agreement or were
unknown at the time of arbitration.
• 1 by each party
• Third arbitrator shall be appointed by the 1st and 2nd The challenge shall be made before them.
arbitrator appointed by the parties.
• Default: Appointed by the National President of the IBP If they do not yield to the challenge, the challenging party may
renew the challenge before the Court of First Instance of the
What are the Qualifications of Arbitrators? province or city in which the challenged arbitrator, or, any of
them, if there be more than one, resides. While the challenging
incident is discussed before the court, the hearing or
An Arbitrator must be:
arbitration shall be suspended, and it shall be continued
immediately after the court has delivered an order on the
• Legal Age challenging incident. (Sec 11)
• Full Enjoyment of his civil rights
• Know how to read and write Arbitration under a contract or submission shall be
deemed a special proceeding, of which the court
What are the grounds for disqualification of arbitrators? specified in the contract or submission, or if none be
specified. Which court has jurisdiction over such
• No person appointed to serve as an arbitrator shall be proceeding?
related by blood or marriage within the sixth degree to
either party to the controversy. CFI for the province or city in which one of the parties resides
• No person shall serve as an arbitrator in any proceeding or is doing business, or in which the arbitration was held, shall
if he has or has had financial, fiduciary or other interest have jurisdiction. Any application to the court, or a judge
in the controversy or cause to be decided or in the result thereof, hereunder shall be made in manner provided for the
of the proceeding, or has any personal bias, which might making and hearing of motions, except as otherwise herein
prejudice the right of any party to a fair and impartial expressly provided. (Sec 22)
award.
• No party shall select as an arbitrator any person to act How is a domestic arbitral award confirmed?
as his champion or to advocate his cause.
• Filing a motion for confirmation and securing an entry
How may the appointment of arbitrators be challenged? of judgment from the court.
• When: One month after the award is made
The arbitrators may be challenged only for the reasons
mentioned in the preceding section [Disqualifications] which
• Who: Any party to the controversy which was arbitrated What is the effect if the award is vacated?
may apply to the court having jurisdiction.
• Thereupon the court must grant such order unless the The court, in its discretion, may direct a new hearing either
award is vacated, modified or corrected, as prescribed before the same arbitrators or before a new arbitrator or
herein. arbitrators to be chosen in the manner provided in the
• Notice of such motion must be served upon the adverse submission or contract for the selection of the original
party or his attorney as prescribed by law for the service arbitrator or arbitrators, and any provision limiting the time in
of such notice upon an attorney in action in the same which the arbitrators may make a decision shall be deemed
court. (Sec 23) applicable to the new arbitration and to commence from the
date of the court's order. (Sec 24)
What are the Grounds for Vacating an Award?
What are the Grounds for modifying or correcting an
award?
(a) The award was procured by corruption, fraud, or
other undue means; or
(a) Where there was an evident miscalculation of
figures, or an evident mistake in the description of any
(b) That there was evident partiality or corruption in
person, thing or property referred to in the award; or
the arbitrators or any of them; or
Mediation is part of pre-trial and failure of the plaintiff Since petitioner has already filed a Complaint with the
to appear thereat merits sanction on the part of the RTC without prior recourse to arbitration, the proper
absent party. The Second revised Guidelines for the procedure to enable the CIAC to decide on the disputes
Implementation of Mediation Proceedings and Sec 5 to request the stay or suspension of such action as
rule 18 of ROC grant judges the discretion to dismiss provided under R.A. 876.
and action for failure of plaintiff to appear in mediation
proceedings. RCBC V. MAGWIN MARKETING
CORPORATION
The Trial court was erroneously dismissed. The notice
of mediation sent to respondent Samsung’s original
counsel was ineffectual as the same was sent at the There is nothing in the Rules that imposes the sanction
time when such counsel had already validly withdrawn of dismissal for failing to submit a compromise
its representation. Thus the absence of respondent agreement. Dismissal on the basis thereof amounts no
Samsung during the scheduled mediation conference less to gross procedural infirmity assailable by
was excusable and justified. certiorari. For such submission could at most be
directory and could not result in throwing out the case
for failure to effect compromise. While a compromise is
LM POWER ENGINEERING CORPORATON V. encouraged, failure to consummate one does not
CAPITOL INDUSTRIAL CONSTRUCTION warrant any procedural sanction, much less an
GROUP authority to jettison a civil complaint.
The Rules of Court cannot be used to contravene the This contention is untenable. First, private
respondents removed the obstacle to the continuation
CIAC Rules. Allowing Sec 5 Rule 10 of the ROC
of the arbitration, precisely by withdrawing their
[Ammendment of Complaint] to apply in such case, objection to the exclusion of the seven engineers.
deprives Titan of due process to defend her claim after Second, petitioner continued participating in the
the late submission of the memorandum.[Memorandum arbitration even after the CIAC Order had been issued.
It even concluded and signed the Terms of Reference
was only passed after the arbitration proceedings]
Petitioner maneuvered to avoid the RTCs final resolution
of the dispute by arguing that the regular court also lost
jurisdiction after the arbitral tribunals April 13, 1994
Order referring the case back to the RTC. In so doing,
petitioner conceded and estopped itself from further
questioning the jurisdiction of the CIAC.
AGAN V. PIATCO DFA and BSP vs FALCON
The court is aware that arbitration proceedings pursuant
to Sec 10. 02 of the ARCA have been filed at the
instance of the Respondent PIATCO. We hold that the
arbitration step taken by PIATCO will not oust this court
of its jurisdiction over the case at bar.