COSTS IN ICA a.

Defect in the Arbitration agreement

b. Violation of due process
Costs in ICA includes only: c. Lack or excess of jurisdiction on
the part of Arbitral Tribunal
1. Fees of the Arbitral Tribunal
d. The Arbitration agreement was
2. Travel and other expenses
violated
3. Costs of expert advise
2. Or, the courts finds that
4. Travel and other expenses of witnesses
a. The subject of the dispute is not
5. Costs of Legal Representation and
capable of settlement under the
Assistance
laws
6. Fees and expenses of the Appointing
b. The award is in conflict with public
Authority
policy
In Principle, the cost shall be borne by the
Note: It is an exclusive list for setting aside an ICA
unsuccessful party, but, the Arbitral Tribunal
Award
may apportion the costs among the parties if
reasonable under the circumstances of the case. Time for filing the petition to set aside

CORRECTION AND INTERPRETATION OF The petition for setting aside must be files within 3
ICA AWARD months or 90 days from the date on which the party
making that application received the award, or from
ICA awards may be amended by the parties
the date on which a request for correction,
before it becomes executory under the following
interpretation, or additional award has been disposed
manners:
of by the Arbitral Tribunal.
1. Agreement of the Parties
RECOGNITION AND ENFORCEMENT OF
2. Quantifications of the costs and
ICA AWARDS AND FOREIGN ARBITRAL
determination of the party liable, or the
AWARDS
division between the parties – provided that
there’s a reservation Recognition
3. Correction of typographical and similar
errors on the award initiated by a party. - Means by which a Philippine Court gives
4. Correction of typographical error initiated legal acknowledgement to a foreign arbitral
by the Arbitral tribunal – motu proprio award and confers upon it the capability to
5. Interpretation of the award – as requested by be enforced under Philippine law.
the party
6. Additional Award – claims presented in the Confirmation
Arbitral proceeding but omitted in the
- Judicial affirmation of a domestic arbitral
award.
award
Note: Courts can only set aside, extend recognition,
The terms Recognition and Confirmation have
or refuse recognition of an International commercial
been used interchangeably, despite the difference
Arbitral award.
in their definition, by the Supreme Court
SETTING ASIDE AN ICA AWARD
Enforcement
The Courts may set aside an ICA Arbitral Award
- The execution and implementation of the
provided that:
foreign arbitral award through Philippine
1. The Petitioner furnishes proof that there Legal Processes
was:
Foreign Arbitral Award
 - one made in a country other than the
Philippines
- rendered in an arbitration whose seat is
outside the Philippines
A Foreign Arbitral award must go through the
process of “Recognition” in order to be entitled to
enforcement in the Philippines.
Philippine ICA and Foreign ICA awards require
recognition by the Philippine Courts but the latter
is not susceptible to vacation or setting aside by
the Philippine Courts.
An ICA award or a foreign arbitral award
recognize by the Regional Trial Court, shall be
enforced in the same manner as final and executor
decisions of courts of law.
Jurisdiction, Venue, and Nature of proceedings
The venue of setting aside proceedings, as well as
for the recognition and enforcement of ICA and
foreign arbitral awards, and any application for
assistance and supervision, except appeal, Shall be
with the Regional Trial Court:
1. Where the Arbitration proceedings took
place
2. Asset to be attached or levied upon or the
act to be enjoined is located
3. Where any of the parties to the dispute
resides or has his place of business
4. National Capital Judicial Region
At the option of the applicant.
Note: It is considered as a special proceeding and
can also be summary in nature .
GROUNDS FOR REFUSING RECOGNITION
AND PROCEDURE FOR RECOBITION OF
CONVENTION AND AS IN CONVENTION
AWARDS
Kinds of foreign arbitral awards based on the
nature of its proceedings:
Convention Award
- An award made in a state which is a party to
the New York Convention (NYC) and its
recognition and enforcement shall be govern
by the NYC as implemented by IRR
Non-Convention Award
- An Award made in a state not a party of
NYC and therefore cannot be recognized nor
enforced , but it may be deemed as a
presumptive evidence of a right between the
parties in accordance with the 1997 Rules of
Civil Procedure
As-in Convention Award
- An award made in a state not a party of
NYC but by reason of comity and
reciprocity , may be recognized and
enforced as if it is a convention award.
Grounds for refusing recognition for and
enforcement to convention and as-in convention:
1. Defect in the Arbitration agreement
2. Violation of due process
3. Lack or excess of jurisdiction on the part of
the tribunal
4. Violation of the arbitration agreement
OR, if there is a finding from the court that:
1. The subject of the dispute is not capable of
settlement under the laws
2. The award is in conflict with public policy
of the Philippines
Note: In the case of as-in convention, the applicant
must present proof of comity and reciprocity between
the Philippines and the non-convention state.
Procedure for Recognition of convention and as-in
convention awards
1. Filing of application
- The party relying upon an award or applying
for its enforcement shall file with the RTC
the original or duly authenticated copy of
the award and the original arbitration
agreement. If the award or agreement is not
made in an official language of the
Philippines, the party shall supply a duly
 certified translation thereof into such parties and their successors in interest by
language subsequent title”, provided there is no want of
2. Recognition jurisdiction, no want of notice, no collusion, no
- Once confirmed by the court, the foreign fraud and no clear mistake of law.
Arbitral award shall be enforced in the same
manner as final and executory decisions of
the courts of law of the Philippines.
3. Consolidation/concurrent hearings
- The Parties and the Arbitral tribunal may
agee on
o Consolidation of proceedings, or
o The conduct of concurrent hearing
with other related Arbitration
proceedings
4. Rejection/Suspension
- The RTC, upon a subsequent application for
rejection or suspension of the enforcement
of the award, may vacate or suspend the
enforcement of the court decisions to
recognize the arbitral award and may also,
on the application of the party claiming
recognition or enforcement, order the party
seeking rejection or suspension to provide
appropriate security. In the case of as-in
convention award, the court may also remit
the award to the arbitral tribunal if the
objections raised may be cured or rectified.
5. Appeals
- The decision of the RTC on an Arbitral
Award may be appealed to the Court of
Appeals in accordance with the Special
Rules on ADR, which shall require the
appealing party to post a counter bond in
favor of the prevailing party in the amount
of the award. The right to appeal may be
validly waived by the agreement or
stipulation of the parties without prejudice to
judicial review by certiorari under Rule 65
of the Rules of Court.

LEGAL EFFECTS OF NON-CONVENTION

AWARDS

Non-convention awards, unless they qualify to be

as-in convention awards, are not entitled to
recognition or enforcement under the ADR Act,
however, it may be considered as either a
“conclusive upon the title to a thing” or, at best, is
a “presumptive evidence of a right as between the