Practice Court I – Arbitration Talk: The Future of Arbitration

Relevant Questions:

1. What are the highlights of the talk of each speaker?

The talk was kicked off by Atty. Elmar Galacio who focused on the spectrum of party
autonomy on arbitration as a system of resolution dispute. He discussed the many facets
of selection of arbitrators in a given case, which can be voluntary, qualified, or
mandatory, which gave the listeners an idea right away on what differentiates
arbitration from the judicial system. An option to decide on the pseudo-judge amongst
the parties is a great option, especially because certain disputes will need opinions and
decisions from an expert mind, which requires a specific and learned knowledge that
some of the judges in the courts will lack.

However, the highlight of the talk was definitely his introduction to the history of
arbitration. It is no surprise that law students might have an idea of what arbitration is
through other subjects, but to appreciate anything, it is always good to go back to its
roots here in the Philippines. Atty. Galacio even mentioned that arbitration itself could
be traced back to the Spanish era.

Next up, Dr. Harald Sippel proceeded to expand the subject, instantly went straight to
discussing arbitration in a global scale. He talked about why arbitration is already an
increasingly chosen option for any dispute between business deals and the like.

He went on to talk about the advantages of arbitration, which necessarily includes

speedy disposition, but he did add the caveat that this might not always be true as in
some countries, traditional litigation is might still be faster and easier.

Another key message that he emphasized is the advantage of having an expert on the
other side. Arbitration’s strongest advantage is definitely the opportunity for expert
minds on the exact matter will be your guide. He gave the example of an engineer that
can be the arbitrator for a construction contract, because he can speak straight from his
own experience, which is definitely not something you can always say with other
judges.

2. What issues were addressed, and what solutions were offered?

A problem presented during the talk was the alarming lack of legislative and judicial
infrastructure to support progress of arbitration as a field in PH. This is definitely a
problem because without a solidified avenue, arbitration might be rendered ill advised
and unenforceable. The solution for such is for arbitration to increase in awareness, such
as talks like these, wherein young legal minds can grow with a fundamental knowledge
of arbitration, and hopefully, help strengthen it in the country as a future lawyer.

3. What are the positive effects of arbitration?

As if it wasn’t discussed in length previously, here is a rundown of the advantages of

arbitration.
 A. Enforceability – The New York Convention has a growing number of members
that will respect and enforce any decision made by arbitrators.
B. Neutrality – As the parties will have the opportunity to choose their own
arbitrator, there will be a more secure playing field for both parties.
C. Expertise – It is important to have a judge that knows and understands what the
parties are going through or coming from.
D. Flexibility – Aside from the arbitrators, the parties can chose the whole
procedure, from the proceedings, to the final award.
E. Accessibility – Not only is it cheaper, it is easier than going through arduous and
grueling court proceedings.

4. How did the talks impact you personally?

Overall, the talk definitely solidified what I already learned from my arbitration class a
few years back; arbitration is the future. Every time I am asked what kind of lawyer I
think I’ll eventually be, I used to always think it would be either a corporate lawyer or
criminal prosecutor, but all I really want to be right now is to have a chance to learn
what exactly it’s like to be an arbitrator and the whole inner workings of arbitration.

Hopefully, more people get a chance to learn and appreciate how arbitration makes it
easier for not only the parties and the courts, but also for the judicial system as a whole.
If more and more people can understand and develop arbitration, the future of
litigation, lawyers and the justice system will surely be pushed to evolve and modernize.
Hopefully, the future continues to lead us all to arbitration.