Stephanie A.

Claros
RELIEF

CONDITIONS/
GROUNDS
Rule 3 - Judicial
Arbitration has
Relief Before
not yet
Commencement
commenced
of Arbitration
Dispute
regarding
existence,
validity, or
enforceability of
the arbitration
agreement

WHO
MAY FILE
Any party

WHEN

VENUE

Any time prior

to the
commencement
of arbitration.

RTC of the
place where
any of the
parties has his
principal place
of business or
residence.

Rule 3 - Judicial
Relief After
Arbitration
Commences

Any party

Thirty (30) days

after having
received notice
of that ruling by
the arbitral
tribunal.

RTC of the
Comment/
place where
Opposition allowed
the arbitration within 15 days
is taking place,
or where any
of the
petitioners or
respondents
has his
principal place
of business or
residence, at
the option of
petitioner

Arbitration
already
commenced
and tribunal has
rendered
preliminary
ruling on its
jurisdiction
A party desires
to challenge the
tribunals ruling
on the issue of
jurisdiction

Comment/
Opposition
Comment/
Opposition allowed
within 15 days

COURT ACTION

RELIEF FROM COURT

ACTION
Defer to arbitral
If court upholds
tribunal to determine
existence, validity and
its competence or
enforceability =
jurisdiction
inappealable, not
subject to MR or
A finding affirming the
certiorari. Remedy is
agreement is prima
petition to vacate
facie only and not
arbitral award after it is
conclusive
rendered
If court finds the arbitral
agreement inexistent,
invalid or unenforceable
= MR or petition for
certiorari
Render judgment based Motion for
on the pleadings within
reconsideration
30 days from the time
After MR, inappealable
it is submitted for
Order affirming
resolution
jurisdiction = not subject
If tribunal has not yet
of petition for certiorari
ruled on its jurisdiction
Order denying
= competencejurisdiction = may be
competence principle
subject of petition for
applies
certiorari
Court may not enjoin
If tribunal defers ruling
the arbitration
on its jurisdiction until
proceeding
the rendition of arbitral
award = not subject to
MR, appeal, or
certiorari. Remedy is to
file a petition to vacate
the award after its
rendition.
If tribunal rendered an

Rule 4 - Referral
to ADR

Pending court
action
There is either a
pre-action
arbitration
agreement or
present-action
arbitration
agreement
One or both
parties desire
arbotration

Any party
to a
pending
action
filed in
violation
of the
arbitratio
n
agreemen
t.

If there is
pre-action
arbitration
agreement =
not later than
the pre-trial
conference
with the
agreement of
both parties
If there is
presentaction
arbitration
agreement =
any of the
parties may
request
referral at
any stage of
the
proceedings

RTC of the
place where
the arbitration
is taking place,
or where any
of the
petitioners or
respondents
has his
principal place
of business or
residence.

There is no
agreement to
refer dispute to
arbitration
The agreement is
null and void
The dispute is not
capable of
arbitration

If the agreement is
prima facie valid and
enforceable and the
subject matter is
capable of arbitration
= grant the motion to
refer to ADR
If otherwise = deny
motion and court
action proceeds
Case is suspended
pending resolution of
the motion to refer to
ADR

award during pendency

of the court action =
case will be dismissed
for being moot and
academic. Remedy is to
file a petition to vacate
the award.
If granted = immediately
executor and not subject
to MR, appeal or
certiorari
If denied = subject to
MR and certiorari

Rule 5 - Interim
Measures of
Protection
Preliminary
injunction
Preliminary
attachment
Appointment
of receiver
Detention,
preservation,
delivery,
inspection of
property
Assistance in
enforcement
of interim
measure
Temporary
protective
measure
(TPM) or
Temporary
Order of
Protection
(TOP)

A party desires
to secure
interim
measures to: (1)
prevent
irreparable loss
or injury,
(2)security for
the performance
of any
obligation,
(3)produce or
preserve
evidence,
(4)compel any
other
appropriate act
or omission.
TPM or TOP:
o Urgent need
to preserve
property
o Prevent its
disposition or
concealment
o Prevent the
relief prayed
for from
being illusory
because of
prior notice

A party to
an
arbitratio
n
agreemen
t.

Before or after
the arbitration
is commenced,
after the
constitution of
the arbitral
tribunal and at
any time during
arbitral
proceedings(but
at this stage,
only to the
extent that the
arbitral tribunal
has no power to
act or is unable
to act
effectively.

RTC which has

jurisdiction
over the
following:
(a) Where the
principal place
of business of
any of the
parties to
arbitration is
located; (b)
Where any of
the parties
who are
individuals
resides; (c)
Where any of
the acts
sought to be
enjoined are
being
performed,
threatened to
be performed
or not being
performed; or
(d) Where any
of the real
property
subject of
arbitration, or
a portion
thereof is
situated.

Comment/
Opposition allowed
within 15 days

Resolved within 30
days from:
o submission of
opposition
o Lapse of period to
file opposition
o Termination of
hearing if any were
conducted
Court should balance
the relative interests of
the parties and the
inconveniences that
may be caused
Court may grant
TPM/TOP valid for 20
days and extendible for
20 days during which
court will consider
propriety of principal
interim measure
requested
Party applying for TPM
or TOP must file a bond
while respondent may
file a counter-bond to
lift it

MR, appeal or certiorari

If adverse party was
given opportunity to be
heard = the order
granting the petition is
immediately executor
EXCEPT if it is a TPM

Rule 6
Appointment of
Arbitrators

There is failure
to appoint
arbitrators

Rule 7
Challenge to
Appointment of
Arbitrator

Challenge to
appointment of
arbitrator
before the
tribunal is not
successful and
appointing
authority fails or
refuses to act
The aggrieved
party wants to
secure judicial
action on the
challenge

Any
party
Appoin
ted
arbitrat
ors

Any party

RTC of the
place
Where
principal
place of
business of
any of the
parties are
located
Where any
of the
parties
reside
NCR
At the option
of petitioner
Period to object RTC of the
appointment as place
provided in the
Where
agreement
principal
After appointing
place of
authority fails or
business of
refuses to act on
any of the
the challenge
parties are
located
Where any
of the
parties
reside
NCR
At the option
of petitioner

Comment/
Opposition allowed
within 15 days

Require parties to
submit list of 3
proposed arbitrators
with curriculum vitae
Court makes the
appointment
If during pendency of
the petition an
arbitrator is appointed
= case shall be
dismissed

If court makes
appointment =
Immediately executory
and not subject to MR,
appeal or certiorari
if court denies the
petition = subject of MR,
appeal or certiorari

Comment/
Opposition allowed
within 15 days

Grant the petition by

removing the
challenged arbitrator if
petition is meritorious
Dismiss
Allow the challenged
arbitrator to withdraw
as arbitrator
Accept the challenge
and remove arbitrator
if:
o Parties agree to
challenge
o Appointed
arbitrators agree to
the challenge
o Challenged
arbitrator fails or
refuses to
comment or does
not object to his
removal

No relief. Immediately
executory and not
subject to MR, appeal
and certiorari

Rule 8
Termination of
Mandate of
Arbitrator

Rule 9
Assistance in
Taking Evidence

Arbitrator
becomes de jure
or de facto
unable to
perform or for
other reasons
fails to act
Arbitrator, after
request, refuses
to withdraw
Appointing
authority fails or
refuses to
decide on the
termination of
the mandate of
the arbitrator
Pending
arbitration
Party desires
evidence of
tribunal orders
the taking of
evidence
requiring court
assistance
The evidence is
sought from a
person other
than a party to
the arbitration
found in the
Philippines

Any party

Any party

RTC of the
place
Where
principal
place of
business of
any of the
parties are
located
Where any
of the
parties
reside
NCR
At the option
of petitioner
Anytime during
the course of
the the arbitral
proceedings
when the need
arises.

Comment/
Opposition allowed
within 15 days

At the option
Comment/
of the
Opposition allowed
petitioner:
within 15 days
with the RTC
where
(a)arbitration
proceedings
are taking
place, (b)thw
witnesses
reside or may
be found, or (c
) where the
evidence may
be found.

Grant if meritorious
then appoint an
arbitrator
Dismiss if not
meritorious

No relief. Immediately
executory and not
subject to MR, appeal
and certiorari

Grant the request if the

material sought as
evidence is not
privileged, is material
and relevant
Court will order
petitioner to pay the
costs of taking evidence
If arbitration has not
yet commenced = party
may avail of deposition

If granted = immediately
executor and not subject
to MR, appeal or
certiorari
If denied = subject to
MR, appeal or certiorari

Rule 10
Confidentiality
or Protective
Orders

Rule 11
Confirmation,
Recognition,
Enforcement,
Correction,
Vacation or
Setting Aside of
Arbitral Awards

Pending ADR
proceeding
A party, counsel,
witness
disclosed
information or
was compelled
to disclose
information
The source had
reasonable
expectation of
confidentiality
The source has
the right to
prevent
disclosure
The source did
not consent to
disclosure
The applicant
will be
materially
prejudiced by an
unauthorized
disclosure
Award has been
rendered in
domestic
arbitration
Grounds depend
whether
petition is for:
o Confirmation
o Correction or
modification
o Vacation of
domestic

Any party

Any party

Within 30 days
from receipt of
arbitral award

RTC of the
place where
the order may
be
implemented

Comment/
Opposition allowed
within 15 days and
may be accompanied
by proof that:
Information not
confidential
Information not
obtained during
ADR
Waiver of
confidentiality
Petitioner
precluded from
asserting
confidentiality

If granted, the court

will issue an order
enjoining persons
involved from divulging
information
Impose the proper
sanction like contempt

If granted, immediately
executory and may not
be enjoined while the
order is being
questioned in the
appellate courts
If denied = subject to
MR, appeal or certiorari

RTC of the
place where:
One of the
parties is
doing
business;
where any of
the parties
reside; where
the arbitration
was
conducted

Comment,
opposition,
petition-inopposition, and
reply allowed

Court will not disturb

the determination of
facts and interpretation
of law by the tribunal
Court may either
confirm or vacate
Court may refer the
case back to tribunal if
the petition or petitionin-opposition applies
for referral

subject to MR, appeal on

questions of law only or
certiorari

award
o Combination of
actions allowed

Rule 12
Recognition,
Enforcement, or
Setting Aside of
ICA Awards

Award is
rendered in ICA
Party seeks
recognition or
enforcement of
ICA award
Party seeks
setting aside of
ICA award

Any party

Recognition =
any time
from receipt
of award
Setting aside
= within 3
months from
receipt of
copy of
resolution

RTC of the
place where:
1. Arbitration
was
conducted, 2.
Where the
assets to be
attached are
located, 3.
Where act to
be enjoined
will be or is
being
performed, 4.
Residence or
place of
business of
the parties, 5.
National
Capital
Judicial
Region; at the
option of
petitioner

Comment/
Opposition and
reply allowed

Court may suspend

proceedings in petition
to vacate so that
arbitration can resume
Court may set aside or
enforce the award and
award costs

Subject to MR, appeal

EXCEPT order
suspending proceedings
to resume arbitration
which is susceptible to
MR, appeal and
certiorari

Rule 13
Recognition and
Enforcement of
Foreign Arbitral
Award

There is a
convention
award or as in
convention
award
Party seeks
recognition and
enforcement of
such award

Any party

Any time
after receipt
of foreign
award

RTC of the
place where:
1. Assets
sought to be
attached are
located, 2.
Where the act
to be enjoined
is being
performed, 3.
Place of
business of
the parties, 4.
Where an
individual
party resides,
5. National
Capital
Judicial
Region; at the
option of
petitioner

Comment/
Opposition allowed

Court may recognize

and enforce
Court may refuse to
recognize or enforce
on exclusive grounds:
o A party was
incapacitated;
agreement not valid
under the law which
the parties have
subjected it or under
the law of the
country where
award was made
o A party was
deprived of due
process
o Subject not covered
by the arbitration
agreement
o Illegal composition
of the tribunal
o Award is not yet
binding or has been
set aside or
suspended by the
court that made the
award
o Subject not capable
of arbitration under
Philippine laws
o It is against public
policy

Order recognizing and

enforcing award or
refusing such = subject
of MR and appeal
Order enforcing award
pending appeal is
susceptible of certiorari