Alternative Dispute Resolution Arbitration Agreement vs.
Submission Agreement
(reviewer)
What is ADR?
means any process or procedure used to
resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an
officer of a government agency, as defined in this
Act, in which a neutral third party participates to
assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral
evaluation, mini-trial, or any combination
thereof;(ra9285 sec.3)
What is Arbitration?
a voluntary dispute resolution process in
which one or more arbitrators, appointed in
accordance with the agreement of the parties, or
rules promulgated pursuant to this Act, resolve a
dispute by rendering an award(ra9285 sec.3(d))
PARTY AUTONOMY
Definition
Freedom of the parties to make their own
arrangement to resolve their disputes
Note:
State encourages and promotes the use of ADR in
order to:
1. Achieve speedy and impartial justice
2. De-clog court dockets
The exercise of party autonomy is manifested in
several ways, e.g.
1. Parties are able to select their arbitrators
2. Participate in the process for selection of
their arbitrators
3. Number of arbitrators
4. Qualification of arbitrators; or
5. The period of their selection
Unlike in litigation the parties cannot:
1. Choose the judge who will resolve their
dispute; or
2. The procedure the judge will follow in the
resolution of the dispute
Arbitration agreement is the law between the
contracting parties
GARBO,RS
SUBMISSION AGREEMENT when two or
more persons or parties may submit to the
arbitration of one or more arbitrators any
controversy existing between them at the time of
the submission while ARBITRATION AGREEMENT
parties to any contract may in such contract agree
to settle by arbitration a controversy thereafter
arising between them.
In a nutshell the difference between the two is the
time when the controversy arises or when it is
expected to arise.
Submission Agreement
If the dispute existed at the time that the
parties have no agreement to arbitrate the
controversy or dispute, and it is only when the
controversy is already existing that the parties
agreed to submit the dispute to arbitration
Arbitration Agreement
If the parties enter into agreement to settle
by arbitration a controversy which might arise in
the future
Note:
Arbitration agreement may be in the form
of an
1. Arbitration clause; or
2. Separate agreement
Those which by law cannot be compromise refers
to art. 2035 CC
1. Civil status of a person
2. Validity of marriage or legal separation
3. Any ground for legal separation
4. Future support
5. Jurisdiction of courts
6. Future legitime
Principle of separability clause
Arbitration clause shall be treated as
agreement independent of the other terms of the
contract of which it forms part
Note:
1|Page
 If the main contract is invalid, the
arbitration clause/agreement still remains valid
and enforceable
Rescission of Arbitration Agreement
Where a contract contains an arbitration
clause, a party may not unilaterally terminate the
contract, on account of infraction committed by
the other part, without first resorting to arbitration
THE ARBITRATION
AGREEMENT
Arbitration agreement may be in the form of:
1. Arbitration clause in a contract; or
2. Separate Agreement (model art. 7 (1) )
Formal requisite of arbitration agreement:
(RA876, sec.4)
1. Shall be in writing
2. Subscribe by the party sought to be charge
or by his lawful agent
Arbitration Agreement shall be in writing if:
1. Contained in a documents signed by the
parties;or
2. In an exchange of letters, telex, telegrams
or other means of telecommunication
which provide a record of agreement; or
3. In an exchange of statement of claim and
defence in which the existence of an
agreement is alleged by one party and not
denied by another. (model art. 7 (2) )
PRESUMPTIVE VALIDITY AND
ENFORCEABILITY OF ARBITRATION
AGREEMENT
Referral to Arbitration
GR: (RA 9285, sec 24)
The court which an action is brought in a
matter which is subject to arbitration agreement
shall refer firts to arbitration if:
1. AT LEAST 1 party so requested (not latter
than the pre-trial); or
2. Upon the request of BOTH parties
GARBO,RS
EXCEPTION:
Unless it finds the arbitration agreement
null and void
Note:
Thus the action for arbitral proceedings will
commenced and award may be made while the
issue is pending before the court (IRR, art. 5.7 b)
MULTIPLE PARTIES
If there are multiple parties in an action before the
court, the court will refer to arbitration those who
are bound by the arbitration agreement and the
civil action may continue to those who are not
bound by such arbitration agreement. (IRR, 5.7 c)
The court should not decline to refer SOME or ALL
of the parties to arbitration for any of the
following reasons:
1. Not all of the disputes subject of the civil
action may be referred to arbitration;
2. Not all of the parties to the civil action are
bound by the arbitration agreement and
referral to arbitration would result in
multiplicity of suits;
3. The issues raised in the civil action could be
speedily and efficiently resolved in its
entirety by the court rather than in
arbitration;
4. Referral to arbitration does not appear to
be the most prudent action; or
5. The stay of the action would prejudice the
rights of the parties to the civil action who
are not bound by the arbitration
agreement. (Special 4.7)
NOTE:
The court may issue an order directing the
inclusion in arbitration of those parties who are not
bound by the arbitration agreement.
PROVIDED:
1. Those who are not bound AGREED to such
inclusion; and
2. Those who are originally bound by it do not
object to their inclusion
Who make the request?
A PARTY to a pending action, whether
contain in an arbitration clause or submission
2|Page
agreement, may request the court to refer the NO procedure agreed Under the procedure
parties to arbitration agreement. (SPECIAL, rule upon agreed upon by the
4.1) parties
In arbitration with 3 Parties failed to:
When to make request? (SPECIAL, rule 4.1) arbitrators:
1. Act as required
Where arbitration Submission Agreement 1. Each party shall under such
agreement exist appoint 1 procedure; or
before the action is arbitrators 2. 2 arbitrators,
filed 2. And the elected unable to reach
NOT latter than pre- ANY TIME during the 2 arbitrators by an agreement
trial proceedings the parties shall 3. 3rd party,
elect 1 including the
arbitrators institution, fails
(being the 3rd to perform any
CONSEQUENCES, whether the request for the arbitrator) function
referral to arbitration is granted or not (SPECIAL,
rule 4.6)
The court or other
GRANTED DENIED authority shall appoint
Immediately executor NOT subject to an arbitrators UPON The court or other
appeal request by a party if: authority shall, UPON
NOT subject to motion BUT may be subject to: request by any party to
for reconsideration, 1. Parties fails to take necessary measure.
appeal or petition for 1. Motion for appoint the
certiorati reconsideration; arbitrator
and/or (within 30 days
2. Petition for from the receipt
certiorari of a request
from the other
party)
WHAT PARTIES CAN 2. If the 2
AGREE TO arbitrators fails
to agree on the
3rd arbitrators
APPOINTMENT OF ARBITRATORS (within 30 days
from their
Number of Arbitrators (Model art. 10) appointment)

GR: In Arbitration with a

SOLE arbitrator
Parties are free to agreed the number of
arbitrators The court shall appoint
the arbitrator UPON
EXCEPTION: request of a party, if
the parties are unable
Failure such determination, number of such to agree upon
arbitrators shall be 3
NOTE: (IRR, 5.10)
Appointment of Arbitrators (Model art. 11)
Upon appointment by the appointing
1. Any person can act as an arbitrators even if authority, the latter shall summon the parties and
he is an alien UNLESS otherwise agreed by their respective counsel to appear before said
the parties authority on the date, time and place set by it, for
2. The parties can agreed to the PROCEDURE the purpose of selecting and appointing the sole
of APPOINTING the arbitrator/s subject to: arbitrator.

3|Page
GARBO,RS
 If the sole arbitrator is not appointed in
such meeting or the meeting does not take place
due to the absence of either or both parties
despite due notice, the appointing authority shall
appoint the sole arbitrator.
tribunal considers it inappropriate to allow
such amendments having regard to the
delay in making it
Hearing and written Proceedings

If the default appointment is objected to by
a party on whose behalf the default appointment is
to be made, and the defaulting party requests the
appointing authority for additional time to appoint
his/her arbitrator, the appointing authority may
give the requesting party not more than thirty (30)
days to make the appointment.
The appointing authority shall give notice in
writing to the parties of the appointment made or
its inability to comply with the Request for
Appointment and the reasons why it is unable to
do so.
The chairman of the arbitral tribunal shall
be selected in accordance with the agreement of
the parties and/or the rules agreed upon or, in
default thereof, by the arbitrators appointed.
Any clause giving one of the parties the
power to choose more arbitrators than the other is
void.
PROCEDURE/RULES OF ARBITRATORS
GR: (Model, art. 19)
Parties are FREE to agree on the procedure
to be followed by the arbitral tribunal in
conducting the proceedings.
EXCEPTION:
The ARBITRAL TRIBUNAL may conduct the
arbitration in such a manner as it considers
appropriate.
1. The Arbitral Tribunal Shall decide whether
to hold
a. oral hearings for the presentation of
evidence; or
b. for oral argument; or
c. whether the proceedings shall be
conducted on the basis of document
and other materials
NOTE:
Subject to any contrary agreements by the
parties
2. The parties shall be given sufficient advance
notice of any hearing and of any meeting of
the arbitral tribunal for the purpose of
inspection of goods, other property or
documents
3. All statements, documents or other
information supplied to arbitral tribunals by
one party shall be communicated to the
other party. Also any expert report of
evidentiary documents on which the
arbitral tribunal may rely in making its
decision shall be communicated
Default of a Party (Model, sec. 25)
NOTE:
Unless otherwise agreed by the parties, if,
without showing sufficient cause

Statement of claim and defence (Model, sec. 23) DEFAULT OF A PARTY

Claimants Respondent Any Party fails to:
1. Within the period agreed by the parties or fails to fails to
determined by the tribunal, communicate communicate 1. Appear at
a. the claimant shall state: his statement his statement hearing; or
i. Facts supporting his claims of claim in of defence in 2. To
ii. The points at issue accordance accordance produce
iii. The relief or remedy sought with art. 23 with art. 23 document
b. and the respondent shall state his (1) of Model (1) of Model ary
defence in respect of these law law evidence
particulars, unless the parties have
otherwise agreed as to the required Arbitral Arbitral Arbitral Tribunal
elements of such statements. Tribunal shall Tribunal shall may continue the
2. Unless otherwise agreed by the parties, terminate the continue the proceedings and
either party may amend or supplement his proceedings proceeding make the award
claim or defence during the course of the WITHOUT on the evidence
arbitral proceedings, unless the arbitral treating such before it.
4|Page
GARBO,RS
 failure in itself
an admission
of the
claimants
SEAT OF ARBITRATION
GR: (RA 9285, sec. 30)
The parties are free to agree the seat of
Arbitration
Exception:
Failing such agreement, the place of
arbitration shall be in Metro Manila, UNLESS the
arbitral tribunal , having regard the circumstances
of the case and the convenience of the parties shall
decide on the place.
NOTE:
The arbitral Tribunal may meet at any place
it considered appropriate for consultation among
members, for hearing witnesses, experts or the
parties, or for inspection of foods, other property
or documents.
UNLESS otherwise agreed by the parties.
LAW GOVERNING THE DISPUTE
GR: (Model art. 28)
The parties shall choose the law applicable
to the substance of the dispute
EXCEPTION:
Failing any designation, the arbitral tribunal
shall apply law determine by the conflict of law
rules which it considered applicable
NOTE:
The arbitral tribunal shall decide ex aeqou
et bono or as amiable composituer ONLY if
EXPRESSLY AUTHORIZED by the parties
In all cases the arbitral tribunal shall decide
in accordance with the term of the contract and
shall take into account the usage of the trade
applicable for transactions.
LANGUAGE OF THE ARBITRATION
GR: (RA 9285, sec. 21)
GARBO,RS
The parties are free to agree on the
language or languages to be used in the arbitral
proceedings.
EXCEPTION:
Failing such agreement, the language to be
used shall be:
1. English- in international arbitration
2. English or Filipino- in domestic arbitration
NOTE:
Unless the arbitral tribunal shall determine
a different or another language/s to be used in the
proceedings.
This agreement shall apply to any written
statements by a party, any hearing and any award,
decision or other communication by the arbitral
tribunal.
The tribunal may order that any
documentary evidence shall be accompanied by a
translation into language/s agreed by the parties.
APPOINTENT OF EXPERTS
Expert Appointed by Arbitral Tribunal (Model Art.
26)
The Arbitral Tribunal may:
1. Appoint 1 or more expert to report to on
specific issue to be determinable by the
arbitral tribunal
2. Require a party to give the expert any
relevant information or to produce or to
provide access to any relevant document,
goods or other property for his inspection
NOTE:
If the parties so request or if the Arbitral
Tribunal consider it necessary, can participate in a
hearing where the parties have the opportunity to
put question to him and to present expert
witnesses in order to testify the points at issue,
after the expert deliver his written or oral report
NOTE:
Unless otherwise agreed by the parties
5|Page
 The objection must be done not later than
LIMITATION ON PARTY the date of communicating his answer to the
AUTONOMY request for arbitration either by motion or special
defense in his answer

Special ADR Rules Rule 2.2

MANDATORY RULES FROM WHICH THERE CAN BE
NO DEROGATION The court shall not refuse to refer parties to
arbitration for reasons including, but not limited to:
Equal Treatment of parties (Model, art. 18)
a. The referral tends to oust a court of its
The parties shall be treated with equality jurisdiction;
and each party shall be given full opportunity of
presenting his case b. The court is in a better position to resolve
the dispute subject of arbitration;
NON ARBITRABLE MATTERS
c. The referral would result in multiplicity of
8 certain subject matter that Philippine law does suits;
not allow to be the subject of arbitration (RA 9285
sec.6) d. The arbitration proceeding has not
commenced;
1. Labor dispute
2. Civil status of a person e. The place of arbitration is in a foreign
3. Validity of marriage country;
4. Any ground for legal separation
5. Jurisdiction of the courts f. One or more of the issues are legal and
6. Future legitime one or more of the arbitrators are not
7. Criminal liability lawyers;
8. Those which by law cannot be compromise
g. One or more of the arbitrators are not
Those which by law cannot be compromise refers Philippine nationals; or
to art. 2035 CC
h. One or more of the arbitrators are
NON-PARTIES TO ARBITRATION AGREEMENT alleged not to possess the required
qualification under the arbitration
Inclusion of additional party (IRR, art. 5.44b ) agreement or law.

If no objection by the respondent, he is NOTE:

deemed consented to the inclusion of additional
person as either additional claimant or additional
respondent (who is not party/bound to the
arbitration agreement) by the claimant
NOTE:
The objection must be done not later than
the date of communicating his answer to the
request for arbitration either by motion or special
defense in his answer
xxxx
On the other hand the additional
respondent is deemed consented to the inclusion if
he fails to object such.
NOTE:
That in the absence of specific provision, all
other rules applicable to international commercial
arbitration may be applied in a supplementary
manner to domestic arbitration.
GR:
Infant or person judicially declared as
incompetent cannot be subject to arbitration
EXCEPTION:
The appropriate court having jurisdiction
approved a petition for permission to submit such
controversy to arbitration made by the general
guardian or guardian ad litem of the infant or of
the incompetent (IRR, 5.1)

6|Page
GARBO,RS

TYPES OF ARBITRATION
1. Domestic Arbitration
2. International Arbitration
Distinction between the two
International arbitration if:
1. The parties to an arbitration agreement
have, at the time of the conclusion of that
agreement, their places of business in
different states
2. One of the following places is stipulated
outside the state in which the parties have
their palces of business:
a. The place of arbitration if determine
in, or pursuant to, the arbitration
agreement
b. Any place where a substantial part
of the obligation of the commercial
relationship is to be performed of
the place with which the subject
matter of the dispute is most closely
connected; or
c. The parties have expressly agreed
that the subject-matter of the
arbitration agreement relates to
more than one country
Domestic arbitration
If it is not international as define above
then it is domestic
Note:
The term place of business place a key
part in the definition of international arbitration
above.
International arbitration in the Philippines
shall be governed by the Model Law of
International Commercial Arbitration adopted by
UN
INSTITUTIONAL vs. AD HOC
Institutional arbitration (IRR, 1.6 D 11)
Means arbitration administered by an
entity, which is registered as a domestic
corporation with the Securities and Exchange
Commission (SEC)' and engaged in, among others,
GARBO,RS
arbitration of disputes in the Philippines on a
regular and permanent basis.
Ad hoc Arbitration
Means an arbitration administered by an
arbitrator and/or the parties themselves. An
arbitration administered by an institution shall be
regarded as an ad hoc arbitration if such institution
is not a permanent or regular arbitration institution
in the Philippines.
INTERNATIONAL COMMERCIAL ARBITRATION
Model Law shall govern the international
commercial arbitration (RA 9285 sec. 19)
International arbitration means that an
arbitration where: (IRR, 1.6 C)
1. The parties to an arbitration agreement
have, at the time of the conclusion of that
agreement, their places of business in
different state
2. one of the following places is situated
outside the Philippines in which the parties
have their places of business:
(i) the place of arbitration if
determined in, or pursuant to, the
arbitration agreement;
(ii) any place where a substantial
part of the obligations of the commercial
relationship is to be performed or the place
with which the subject matter of the
dispute is most closely connected; or
3. The parties have expressly agreed that the
subject matter of the arbitration agreement
relates to more than one country.
COMMERCIAL ARBITRATION
An arbitration is "commercial" if it covers
matters arising from all relationships of a
commercial nature, whether contractual or not.
Relationships of a transactions: any trade
transaction for the supply or exchange of goods or
services; distribution agreements; construction of
works; commercial representation or agency;
factoring; leasing, consulting; engineering;
licensing; investment; financing; banking;
insurance; joint venture and other forms of
industrial or business cooperation; carriage of
goods or passengers by air, sea, rail or road. (RA
9285, sec. 21)
DOMESTIC ARBITRATION
7|Page
 RA. 876 The Arbitration Law shall govern objections with respect to the existence or validity
domestic the domestic arbitration in the of the arbitration agreement or any condition
Philippines. precedent to the filing of a request for arbitration.

These articles from model law shall apply to Plea against the tribunal must be raise: (ambot
domestic arbitration: (RA. 9285 sec. 32 and 33) kung sakto)

1. Art. 8 1. A plea that arbitral tribunal does not have

a. Arbitration Agreement and jurisdiction shall be raised NOT LATER than
substantive claim before the court the submission of the statements of
2. Art. 10 defence.
a. Number of Arbitrators
3. Art. 11 NOTE:
a. Appointment of Arbitrators
4. Art. 12 A party is not precluded from arising such a
a. Grounds for challenge plea by the fact that he has appointed or
5. Art. 13 participated in the appointment of an arbitrator
a. Challenge Procedure
6. Art. 14 2. A that the arbitral tribunal is exceeding the
a. Failure or impossibility to act scope of its authority shall be raised as soon
7. Art. 18 as the matter alleged to be beyond the
a. Equal Treatment to parties scope of its authority is raised during the
8. Art. 19 arbitral tribunal proceedings.
a. Determination of Rules of Procedure
9. Art. 29 NOTE:
a. Decision-making by panel of
Arbitrators That if the tribunal rule on a plea referred
10. Art. 32 above that it has jurisdiction, ANY party may
a. Termination of Proceedings request to the court, WITHIN 30days from the
receipt of the decision, rule on the matter. (Model,
art. 16)
DOCTRINE OF SEPARABILITY OF
ARBITRATION AGREEMENT The decision of the court shall be
immediately executory and NOT SUBJECT TO
APPEAL (SPECIAL, rule 4 c)

The Special ADR Rules recognize the principle of
separability of the arbitration clause
which means that said clause shall be
treated as an agreement independent of the other
terms of the contract of which it forms part. A
decision that the contract is null and void shall not
entail ipso jure the invalidity of the arbitration
clause.
JUDICIAL RESTRAINT (ambot lang pud kung sakto)
When the court, is asked to rule on upon
the issue/s affecting the competence or jurisdiction
of an arbitral tribunal in a dispute before it, either
before or after the arbitral tribunal is constituted,
the court must exercise judicial restraint and defer
to the competence or jurisdiction of the arbitral
tribunal by allowing the arbitral tribunal the first
opportunity to rule upon such issues.

DOCTRINE OF COMPETENCE- Again, under the policy of judicial restraint,

COMPETENCE
The Special ADR Rules recognize the principle of
competence-competence
which means that the arbitral tribunal may
initially rule on its own jurisdiction, including any
GARBO,RS
where the court is asked to make a determination
of whether the arbitration agreement is null and
void, in operative or incapable of being performed,
THE COURT MAKE NO MORE THAN A PRIMA FACIE
DETERMINATION OF THAT ISSUE. (Special. 2.4)
PLACE/SEAT OF ARBITRATION
8|Page

GR:
The parties are free to agree the place of
arbitration.
EXCEPTION:
If no agreement, the tribunal will determine
such place having with regards to the circumstance
of the case and the convenience of the parties
(Model, art. 20)
If no agreement, the place shall be in metro
manila, UNLESS the tribunal decide on the different
place, having regard to the circumstances of the
case and the convenience of the parties (IRR, 4.20
a)
SHCEME OF LEAST COURT
INTERVENTION/MINIMUM COURT
INTERVENTION
GR:
The court shall not intervene in the
arbitration proceedings. (Model, IRR, Special)
EXCEPTION: (IRR, 5.5)
1. Art. 5.10 par. c and d (appointment of
arbitrators)
2. Art. 5.11 par. a (grounds for challenge)
a. Arbitrator disclose any
circumstances that will give rise to
justifiable doubts as to his
impartiality
3. Art. 5.13 par a (failure or impossibility to
act)
a. If an arbitrator becomes de jure or
de facto unable to perform his/her
function
PRIVACY AND CONFIDENTIALITY
GR: (RA 9285, sec. 23)
The arbitration proceedings, including the
records, evidence and the arbitral award, shall be
considered confidential and shall not be published.
GARBO,RS
EXCEPTION:
1. With the consent of the parties; or
2. In cases where resort to the court, limited
purpose of disclosing to the court relevant
documents.
NOTE:
Provided that the court shall issue
protective order to prevent or prohibit disclosure
of documents or information containing secret
processes, developments, research and other
information where it is shown that the applicant
shall be materially prejudiced by an authorized
disclosure thereof.
Confidential Information (IRR, 1.6 7)
means any information, relative to the
subject of mediation or arbitration, expressly
intended by the source not to be disclosed, or
obtained under circumstances that would create a
reasonable expectation on behalf of the source
that the information shall not be disclosed.
It shall include:
1. communication, oral or written, made in a
dispute resolution proceeding, including
any memoranda, notes or work product of
the neutral party or non-party participant;
2. an oral or written statement made or which
occurs during mediation or for purposes of
considering, conducting, participating,
initiating, continuing or reconvening
mediation or retaining a mediator; and
3. pleadings, motions, manifestations, witness
statements, reports filed or submitted in
arbitration or for expert evaluation.
Who may request confidentiality? (Special, Rule
10. 1)
1. A party who disclosed or compelled to
2. Counsel; or disclosed information relative
3. Witness to the subject of ADR
When request made? (Special, Rule 10. 2)
At any time there is a need to enforce the
confidentiality of the information obtained, or to
be obtained in ADR proceedings.
Where to file? (Special, Rule 10. 3)
A petition for protective order may be filed
with the RTC were that order would be
implemented.
NOTE:
9|Page
 If there is a pending court proceeding in
which the information obtained in an ADR
proceeding is required to be divulged or is being
divulged, the party seeking to enforce the
confidentiality of the information may file a motion
with the court where the proceedings are pending
to enjoin the confidential information from being
divulged or to suppress confidential information.
Ground for the request of protective order
(Special, Rule 10. 4)
A protective order may be granted only if it
is shown that the applicant would be materially
prejudiced by an unauthorized disclosure of the
information obtained, or to be obtained, during an
ADR proceeding
Contents of the motion or petition (Special, Rule
10. 5)
a. That the information sought to be
protected was obtained, or would be
obtained, during an ADR proceeding;
b. The applicant would be materially
prejudiced by the disclosure of that
information;
c. The person or persons who are being
asked to divulge the confidential
information participated in an ADR
proceedings; and
d. The time, date and place when the ADR
proceedings took place.
Notice (Special, Rule 10. 6)
There must be notice shall be made to the
opposing parties
Comment/Opposition (Special, Rule 10. 7)
The comment/opposition must be filed
within fifteen (15) days from service of the petition.
The comment/opposition may be accompanied by
a written proof that:
1. information is not confidential
2. the information was not obtained during an
ADR proceeding
3. there was a waiver of confidentiality; or
4. the petitioner/movant is precluded from
asserting confidentiality
Court action (Special, Rule 10. 8)
If the court finds the petition or motion
meritorious, it shall issue an order enjoining a
person or persons from divulging confidential
information.
NOTE:
Principles of confidentiality applicable to
ADR.
GARBO,RS
1. Confidential information shall not be
subject to discovery and shall be
inadmissible in any adversarial proceeding,
whether judicial or quasi judicial
2. However, evidence or information that is
otherwise admissible or subject to
discovery does not become inadmissible or
protected from discovery solely by reason
of its use therein.
Relief against court action: (Special, Rule 10. 9)
The order enjoining a person or persons
from divulging confidential information shall be
immediately executory and may not be enjoined
while the order is being questioned with the
appellate courts.
If the court declines to enjoin a person or
persons from divulging confidential information,
the petitioner may file a motion for reconsideration
or appeal.
THE ARBITRAL TRIBUNAL
Challenge of Arbitrators (Model, art. 12)
An arbitrator may be challenged only if
circumstances exist that give rise to justifiable
doubts as to his:
1. Impartiality or independence; or
2. WON he possess the qualification agreed by
the parties
Challenge Procedure (Model, art. 13)
GR:
Parties are free to agree on a procedure for
the challenging an arbitrator
EXCEPTION:
Failing such agreement
Within 15 days, after becoming aware of the
circumstances mentioned , send written statement
of the reason for the challenge to the arbitral
tribunal.
NOTE:
Unless the challenge arbitrator withdraws
from his office OR the other party agrees to the
challenge, the tribunal shall decide on the
challenge.
Unsuccessful Challenge
If the challenge is NOT SUCCESSFUL, the
challenging party may request, WITHIN 30 DAYS
after receipt of the decision rejecting the challenge,
the court or other authority to decide and the
decision is not subject to appeal
10 | P a g e
 xxxx
Thus, an arbitrator can be remove by: (I
think)
1. Voluntary withdrawal
2. The challenge made by 1 party, agreed by
the other
3. Decision of the tribunal; or
4. Court decision, upon motion
Appointment of Substitute Arbitrator
A substitute arbitrator shall be appointed,
according to the rules that were applicable to the
appointment of the arbitrator being replaced
QUALIFICATION
Any person appointed to serve as an arbitrator
must be: (RA 876, sec. 10)
1. Legal age
2. Full-enjoyment of his civil rights
3. Able to read and write
Disqualification
1. Blood related or marriage within 6th degree
to EITHER party to the controversy.
2. If he has or has had financial, fiduciary or
other interest in the controversy, or has any
personal bias
NOTE:
After appointment but before or during
hearing, the appointed arbitrator may discover any
circumstances likely to create presumption of bias,
shall immediately disclose such information to the
parties.
Thereafter the parties may agree in writing:
1. To waive the presumptive disqualifying
circumstance; or
2. To declare the office vacant
Such vacancy shall be filled in the same manner as
the original appointment was made.
ADR PROVIDER
means the institutions or persons
accredited as mediators, conciliators, arbitrators,
neutral evaluators or any person exercising similar
functions in any Alternative Dispute Resolution
system. This is without prejudice to the rights of
the parties to choose non-accredited individuals to
act as mediator, conciliator, arbitrator or neutral
evaluator of their dispute.
DUTIES OF ARBITRATORS
Equal Treatment of Parties (Model, art. 18)
GARBO,RS
The parties shall be treated with equality
and each party shall be given a full opportunity of
presenting his case.
Appointment of Arbitrators and Grounds for
Challenge (I think, it is part of the duties of the
arbitrators)
MAJORITY DECISION
GR: (Model, art. 29)
In an arbitral proceeding with more than 1
arbitrator, any decision of the tribunal shall be
made by a majority decision of all its members
EXCEPTION:
UNLESS otherwise agreed by the parties
AWARD
30 days after the closing of the hearing or
submission of the parties of their respective briefs
or the oral hearing was waived, the tribunal shall
render its written award.
UNLESS otherwise agreed by the parties.
The period may be further extended.
POWER OF ARBITRATORS TO DECIDE
ADMISSIBILITY, RELEVANCE, MATERIALITY AND
WEIGHT OF ANY EVIDENCE
The power conferred upon the arbitral
tribunal includes the power to determine the
admissibility, relevance, materiality and weight of
any evidence. (Model, art. 19)
CHALLENGE OF ARBITRATORS (additional)
An arbitrator may be challenged only if: (special,
5.11)
1. circumstances exist that give rise to
justifiable doubts as to his/her impartiality
or independence;
2. he/she does not possess qualifications as
provided for in this Chapter or those agreed
to by the parties;
3. he/she is disqualified to act as arbitration
under these Rules;
4. he refuses to respond to questions by a
party regarding the nature and extent of his
professional dealings with a party or its
counsel.
NOTE: (special, 5.11)
11 | P a g e
 Until a decision is made to replace the Shall mean, the person or institution
arbitrator under this Article, the arbitration named in the arbitration agreement as the
proceeding shall continue notwithstanding the appointing authority; or the regular arbitration
challenge, and the challenged arbitrator shall arbitration institution under whose rules the
continue to participate therein as an arbitrator. arbitration is agreed to be conducted.
However, if the challenge incident is raised before (Special, rule 6.1)
the court, because the parties, the arbitral tribunal DEFAULT OF APPOINTMENT OF ARBITRATOR
or appointing authority failed or refused to act Institutional Ad Hoc Court
within the period provided in paragraphs U) and (k) Arbitration Arbitration
of this Article, the arbitration proceeding shall be The The national The court will act
suspended until after the court shall have decided institution president of as appointing
the incident. The arbitration shall be continued appoints the the Integrated authority only if:
immediately after the court has delivered an order arbitrator Bar of the 1. In
on the challenging incident. under their Philippines institutiona
rules (IBP) or his l, the
ARBITRATOR SERVING AS MEDIATOR (VICE duly institution
authorized fails to
VERSA)
representative appoint
No arbitrator shall act as mediator in any 2. In ad hoc,
proceedings in which he is acting as mediator. the IBP
Conversely, no mediator shall act as Pres or rep.
arbitrator in any proceeding in which he acted as failed to
mediator. (Special, 2.6) appoint.
GR: TERMINATION OF MANDATE OF ARBITRATORS
No person shall, having been engaged and Who may request termination and on what
having acted as mediator of a dispute between the ground?
parties, following a failed mediation, act as Any of the parties to an arbitration may
arbitrator of the same dispute. request for the termination of the mandate of an
EXCEPTION: arbitrator where an arbitrator becomes:
Unless the parties authorize, in a written 1. De jure or De facto
agreement, the mediator to hear and decide the 2. Unable to perform his function
case as an arbitrator. 3. For other reasons fails to act without undue
NOTE: delay
The mediator who becomes an arbitrator 4. Upon request of any party, fails or refuses
pursuant to this Rule shall make an appropriate to withdraw from his office
disclosure to the parties as if the arbitration When to request
proceeding had commenced and will proceed as a If an arbitrator refuses to withdraw from
new dispute resolution process, and shall, before his office, and subsequently, the Appointing
entering upon his/her duties, execute the Authority fails or refuses to decide on the
appropriate oath or affirmation of office as termination of the mandate of that arbitrator
arbitrator in accordance with these Rules. within such period as may be allowed under the
applicable rule or, in the absence thereof, within
LIABILITY OF ARBITRATORS thirty (30) days from the time the request is
brought before him, any party may file with the
The ADR providers and practitioners shall court a petition to terminate the mandate of that
have the same civil liability for the Acts done in the arbitrator.
performance of then duties as that of public No motion for reconsideration or appeal
officers as provided in Section 38 (1), Chapter 9, Any order of the court resolving the petition
Book of the Administrative Code of 1987.(RA 9285, shall be immediately executory and shall not be
sec. 5) subject of a motion for reconsideration, appeal or
petition for certiorari.

APPOINTING AUTHORITY

Appointing authority
12 | P a g e
GARBO,RS