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Arbitration Law
RA 9285. ADR Act of 2004
Dept. Circ. No. 98 IRR of the ADR Act of 2004
UNCITRAL Model Law on International Commercial Arbitration (1985)
b. A copy for the Request for Appointment shall be delivered to the adverse party.
Proof of delivery
c. Party who received Request for Appointment, within 7 days of its receipt, may file with the
appointing authority his/her
objection/s to the request
extension of time to appoint an arbitrator, not exceeding 30 days from receipt of the
request or in accordance with the procedure agreed upon or provided by these Rules.
Duty of Disclosure
The Model Law as well as the IRR requires a disclosure not only of a prohibited
relationship with a party or interest in the matter in dispute but of any circumstances likely to give
rise to justifiable doubts as to his impartiality or independence.
in writing
a copy shall be provided to all parties in the arbitration
assumed: disclosure should also be communicated to the co-arbitrators
IRR: written disclosure is not required where it is made during the arbitration and it appears in a
written record of the arbitration proceedings
Challenge of Arbitrators
Challenge, defined.
A formal request to the arbitrator to withdraw as such.
IRR of RA 9285
- an arbitrator may be challenged only if:
a. the circumstances exist that give rise to justifiable doubts as to his/her impartiality or
independence;
b. he/she does not possess qualifications as provided for in Chapter 5 of the IRR or those agreed
to by the parties;
c. he/she is disqualified to act as arbitrator under these Rules;
d. he/she refuses to respond to questions by a party regarding the nature and extent of his
professional dealings with a party or his counsel.
Challenge
- In writing
- State specific facts that provide a basis for the ground relied upon
- Shall be made within 15 days from knowledge or from rejection by the arbitrator of the
party’s request for inhibition
Request to the court: shall be in the form of a petition attached to which shall be the challenge,
the reply or explanation of the challenged arbitrator and the relevant communication form either
party, or from the arbitral tribunal.
The decision of the parties, the arbitral tribunal, the appointing authority or in proper cases, the
court, to accept the challenge is not subject to appeal or motion for reconsideration.
When Challenge is raised before the Court
“It is only when such Appointing Authority fails or refuses to act…., that the aggrieved party may
renew the challenge in court.”
ADR Act: “any application with a court for arbitration assistance and supervision shall be deemed
as special proceedings.”
Special ADR Rules: “ The court shall exercise the power of judicial review as provided by these
Special ADR Rules. Courts shall intervene only in the cases allowed by law or by these Special ADR
Rules.”
Effect of Challenge Upon Arbitration Proceeding
Model Law:
- While a request is pending before the appointing authority or the court, the arbitral
proceedings may continue and the arbitrators, including the challenged arbitrator, may
make the award.
Arbitration Law:
- When the challenge is renewed before the court, the arbitration proceedings are
suspended until the challenge is resolved by the court.