Beruflich Dokumente
Kultur Dokumente
Historical Rule:
Judicial and Legislative trends:
30 August 1950
19 June 1953
20 May 1965
UNCITRAL
Judiciary Action
G:
Concerning:
Termination of Employment
Conditions of Employment
Level Arbitration
28 April 2004
Grounds for judicial review different in Domestic and Foreign arbitral awards.
Principles of ADR
Features of ADR
Sources of ADR
Constitution
Civil Code
Arbitration Law
Forms of ADR
Partial only two or three issues involve are resolved but not all
Evidentiary
Independent
Foreign when the place of business is outside the Philippines and the
arbitration is outside the Philippines.
AD HOC temporary
Institutional permanent
Components of ADR
Contending parties
Dispute or controversy
Form of ADR
Exception:
Jurisdiction of courts
Future legitime
Criminal Liability
Preferences of ADR
Mediation
Mediator
Mediation Practitioner
Parties in mediation
Classification of Mediation
Institutional
Ad Hoc
Place of Mediation
Stages of Mediation
Summary issues
Closure
Written declaration
Advantages of Mediation
Confidential Information
Expressly Confidential
Impliedly confidential
Communication
Mediation
Non Party
Privileged Mediation
Exception
Termination of mediation
Permitted to be disclosed
Waiver of Confidentiality
Expressed
Implied
The Mediator
Withdrawal Requirements
Conflict of interest
Other instances
Prior to Mediation
Reasonable inquiry
Confidential
Compromise Agreement
Successful Mediation
Collaborative
Encourage
Assist
Confer
It is the arbiter that decides the dispute and renders an arbitral award
to conclude in arbitral proceedings
Kinds of Arbitration
Voluntary
Compulsary arbitration
Domestic
International
Foreign
Same concept lang naman to nung nasa chapter two na foreign domestic at
international dapat alam nyo nay un.
Policy on Arbitration
Arbitrator
Arbitration agreement
Essential elements
Cause of consideration
Lawful object
Submission agreement
Arbitration Agreement
Arbitration Clause
Doctrine of Separability
Proper RTC
Commercial Arbitration
Contractual or not
Foreign Arbitration
Default Rules
Rules of Interpretation
Same policy
Party autonomy
Reference to an agreement
Limitations
ADR act and its IRR is limited to the application of rules on the waiver
in the mediation proceedings to wavier of confidentiality and privilege only
Doctrine of Estoppel
Estoppel in pais
Exceptions:
IRR mandates that the parties shall be treated equally and shall be
given full opportunity
Reasonable opportunity
Due Process
Place if ICA
Language in ICA
Default English
Substantive Law
Functions
Default Procedure
Qualifications
Considerations
Impartiality
Default procedure
Mandates terminates
Withdraws
Jurisdiction
The right to act whether or the power to and authority to hear and
determine cause
Two Instances
Lack of jurisdiction
Excess of jurisdiction
Defer resolution
Statement of claims
Statement of Defence
Conclusion / closure
Cost in ICA
Travel
Additional award
Requirements
Venue:
RTC
Requirements
Place of arbitration
NCR
3 mos
90 days
Recognition
Confirmation
Enforcement