Beruflich Dokumente
Kultur Dokumente
Domestic Arbitration
o An arbitration that is not
international (ADR Act)
o Arbitration being conducted
in the Philippines
o Where the parties have
agreed that the Philippines
shall be the place of
arbitration, the arbitration
shall be considered a
domestic arbitration
Benefits of Arbitration (Why Parties
Resort to Arbitration)
o Inexpensive, speedy and
amicable methods of settling
disputes
o Unclogs court dockets and
hastens the resolution
o Secure streamlined
proceedings and expeditious
results
o Avoid costs of judicial
resolutions
o Trade the procedures and
opportunity for review of the
courtroom for the simplicity,
informality, and expedition
of arbitration
Policy to promote Arbitration
o SC said that courts should
liberally construe arbitration
clause
o Promote party autonomy in
the resolution of disputes
o Court shall have due regard
in favour of arbitration
Kinds of Arbitration
o Binding- if it results in an
award which is subject to
confirmation, and when
confirmed by a court, is
subject to enforcement like
any judgment of the court
o Non binding- if the award, by
agreement of the parties, or
by law, is not subject to
confirmation and
enforcement
Arbitration Agreement
o Agreement by the parties to
submit to arbitration all or
certain disputes which have
arisen or which may arise
between them in respect of
a defined legal relationship,
whether contractual or not
Enforcement of Arbitration
Agreement
o Arbitration Agreement is
enforceable as any other
contract but only against
those who re parties thereto
or their assigns a valid
g) Arbitration would be
prohibitively expensive
h) Dispute is not arbitrable under
the rules of the arbitration
institution to which it has been
submitted
i) The claims submitted to
arbitration has been waived or
is barred by estoppel,
prescription or prior judgment
j) Right to arbitration has been
waived
Future legitime
Criminal liability
Those which by law
cannot be
compromised
Dispute submitted is outside
the scope of the arbitration
agreement
Whether or not a
dispute is within the
scope of the
arbitration agreement
is an issue that
involves the
competence of an
arbitral tribunal to
resolve. The court is
advised to exercise
judicial restraint and
defer to the
competence of the
arbitral tribunal