NAME_________________________________________________________ Aldisre L4A

Final Examination December 2018

Part I. Identification. Choose the correct term from among the list below. Write down the letter corresponding to your
answer in the space provided. (2pts each)
A. Record E. Award I. Early Neutral Evaluation
B. Authenticate F. Doctrine of Separability J. Doctrine of Kompetenz-
C. Mini-Trial G. Court of Eventual Enforcement Kompetenz
D. Curial Court H. Non Curial Court
1. ______ – An arbitration agreement / clause is separate contract from the underlying contract of which it forms part.
2. ______ – The arbitration tribunal has jurisdiction to determine its own jurisdiction.
3. ______– The court in the seat of arbitration
4. ______– The court in a jurisdiction other than in a seat of arbitration
5. ______– A court which intervenes in an arbitration neither as a supervising court nor as an enforcement court
6. ______– To sign, execute or adopt a symbol, or encrypt a record in whole or in part, intended to identify the
authenticating party and to adopt, accept or establish the authenticity of a record or term
7. ______– ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present
summaries of their cases and receive a nonbinding assessment by experienced person, with expertise in the subject
in substance of a dispute.
8. ______ - Structured dispute resolution method in which the merits of a case are argued before a panel comprising
senior decision makers with or without the presence of a neutral third person after which the parties seek a
negotiated settlement
9. ______ – Any partial or final decision by an arbitrator in resolving the issue in a controversy
10. ______ – Information written on a tangible medium or stored in an electronic or other similar medium, retrievable
form.

Part II. True or False. Write “X” if the statement is False. If true, write “O” (2pts each)
1. ______ – Republic Act No. 9285 converted the Philippines into a “Model Law Country”
2. ______ – Information obtained through mediation shall be privileged and confidential
3. ______– The privilege against disclosure of mediation proceedings can be waived if parties agreed to and the
agreement was signed by all parties concerned.
4. ______– Under the prevailing ADR Law, parties can now go to arbitration without going to courts.
5. ______– Even if there is already a pending case, parties can still resort to arbitration.
6. ______– Under the ADR Law, the default place of arbitration is in Metro Manila.
7. ______– A domestic award, when confirmed shall be enforceable as a decision of the Regional Trial Courts
8. ______– A foreign arbitral award shall be recognized in the Philippines to be enforceable.
9. ______ - The Philippines is a convention country.
10. ______ Parties can waive their right to appeal the arbitral tribunal’s award.

Part III. Essay. Write your answers at the back and in separate sheet/s if needed.
1. What are the five (5) elements of an arbitral award? (5pts)
2. Enumerate the grounds to vacate an award. (5pts)
3. Enumerate the options of a party raising the challenge to jurisdiction. (5pts)
4. What are the powers and duties imposed by law in an arbitral tribunal (5pts)
5. Distinguish mediation from arbitration (5pts)
6. A and B had an agreement wherein A shall supply B with rice for a period of one year. In the same agreement, it was
agreed that any issue arising out of the agreement shall be referred to arbitration in Singapore. A breached in his
obligation under the contract so B filed a case. A countered that the arbitration agreement shall prevail.
a. Is A’s contention proper? (5pts)
b. What should be the contention of B? (5pts)