TRUE OR FALSE

1. Under the look and sniff doctrine, the arbitrator need not apply his
expertise.
a. FALSE. This meant that the arbitrators did not generally need any legal
expertise either to run these informal proceedings or to reach their
conclusions because arbitrator uses his sense.
2. The parties in arbitration asked the RTC to refer them to arbitration as per
their agreement, despite the presence of third party claimants to the contract.
a. TRUE. Arbitration must be enforced notwithstanding the presence of
other persons who are parties the contract or dispute BUT NOT to the
arbitration agreement
3. American jurisprudence can be of aid to Philippines arbitral tribunals in
rendering an award as to Model Law
a. TRUE. The Philippines was under US Rule when FEDERAL ARBITRATION
ACT OF 1925 was passed.
4. Arbitration Award is enforceable anywhere as long as signatory in New York
convention.
a. TRUE
5. Parties to a domestic arbitration may stipulate that foreign laws shall apply to
their contract?
a. DEPENDS. If international parties then YES.
DISCUSSION
6. Discuss the concept of party autonomy in resolving private disputes.
a. in the resolution of disputes or the freedom of the party to make their
own arrangements to resolve their disputes
b. disputants have the capacity to make a choice among viable dispute
resolution systems
7. Explain the steps.
a. Choose dispute resolution upon the dispute resolution spectrum
i. NON JURISDICTIONAL AND ADR
1. Conciliation/ Mediation parties acquire a mediator who
may be ad hoc or institutional
2. Negotiation the parties themselves resolve the dispute
ii. JURISDICTIONAL
1. Arbitration parties entrust 3rd party arbitrators to settle
their dispute which would be final and binding
2. Litigation default approach where a party sues another
b. Agree on the applicable rules of the chosen process
8. Distinguish independent consent from derivative consent?

9. What is kompetenz-kompetenz?

a. The doctrine of competence-competence, which holds that an arbitral

tribunal may determine questions as to its own jurisdiction

10. A domestic contract contains the following dispute resolution clause: any
dispute out of this contract shall be referred to arbitration, how can you avoid
it?
a. Such is a pathological clause particularly a one-off where there is no
way to constitute tribunal in case of recalcitrance of a party as no
indication of which law is to be applied to the arbitration or any
competent authority to be called upon to assist
11. A provision in the arbitral agreement states that the RTC may modify an award
if the same is not in accord with the law? Valid?
a. YES.
a. Section 25. Grounds for modifying or correcting award. - In any
one of the following cases, the court must make an order modifying
or correcting the award, upon the application of any party to the
controversy which was arbitrated: The order may modify and
correct the award so as to effect the intent thereof and promote
justice between the parties.
i. (a) Where there was an evident miscalculation of figures, or an
evident mistake in the description of any person, thing or
property referred to in the award; or
ii. (b) Where the arbitrators have awarded upon a matter not
submitted to them, not affecting the merits of the decision upon
the matter submitted; or
iii. (c) Where the award is imperfect in a matter of form not
affecting the merits of the controversy, and if it had been a
commissioner's report, the defect could have been amended or
disregarded by the court.
12. You are the sole arbitrator, one of the parties failed to attend the preliminary
conference to draft the terms of reference, it is undisputed that the absent
party was duly notified of and was given an agenda of the topics to be
decided upon. Would you proceed with the preliminary conference?
a. NO.
b. Although they were given the agenda, they should have been warned
that the PI will proceed without absent party if so requested by the
present party
c. Normally not carried out as it may violate due process
d. As the arbitrator, I would GIVE THEM A WARNING FIRST THEN proceed
notwithstanding their absence only after the second notice
13. Article 2044 of the new civil code states any stipulation of the arbitrators
award or decisions shall be final, is valid. Is it in accordance with the
traditional definition of arbitration?
a. YES.
b. Principled of finality of award is contractual. It is final and conclusive
because the parties agreed it to be so.
c. The essence of an arbitral award is to put the dispute to rest.
14. The parties agreed that decisions for the awards rendered by the arbitral
tribunal need not include the reason thereof. Is the agreement valid?

a. NO.
b. In arbitration, the parties cannot agree on WON the award should be
unreasoned or reasoned.
c. The default provision of law is that the award should be with reason

15. Give 5 circumstances in the Model Law that allows court interference in
arbitral proceedings.
a. SM not capable of settlement by arbitration under the law of this state
b. The award is in conflict with the public policy of the state
c. Party not given proper appointment of an arbitrator
d. Computation by arbitral tribunal was not in accordance with the
agreement of the parties
e. A party to the arbitration has no legal capacity
16. Distinguish consensual arbitration from statutory arbitration
a. Consensual
i. 3rd party neutral chosen by parties
ii. based on parties consent
iii. tribunal instrumentality of parties
iv. award treated as contractual stipulation
b. Statutory
i. Established by statute
ii. Tribunal instrumentality of government
iii. Award deemed integrated into the legal system
17. What are connecting factors?
a. These "test factors" or "points of contact" or "connecting factors" could
be any of the following:
i. Nationality of party
ii. Situs of thing
iii. Place where act is done or celebrated
18. What is the SEAT THEORY
a. It is the agreed place of arbitration, parties are deemed to enter the
country and place themselves in the jurisdiction of the forum of that
country