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accepted the contention and rule that he has no jurisdiction...

Query: what are the options open to the respondent to have the dispute resolved

answers

1: go to court and have the dispute be resolved by the court

2: elevate the decision of the arbitrator to the court; if the court agrees with the arbitrator then the only
option is litigation, if it reverses it the dispute will be referred to the arbitration but with different set of
arbitrators to be constituted in the same way that the original arbitrators were constituted.

Query: when may a court hear a challenge of the substantial jurisdiction of an arbitrator

Answer

when the positive ruling by the arbitrator is elevated to the court, or when the award is challenged, in
the latter case the interested party should have the standing to question the ruling of the arbitrator.

Query: in an ad hoc submission agreement, it was provided that the award should be made in a non-
extendible period of 10 days counted from the day that the arbitral tribunal was constituted. you were
offerred the appointment as the sole arbitrator, are you going to accept the appointment.

Answer

No, unless if the party were able to agree to change the timescale. the submission agreement imposes
an unreasonable duty that is incapable of fulfilment.

Query: under what circumstances will liability attach to the arbitrator, in respect of procedural mistakes
and wrong decisions.

Answer

under Philippine law, damages caused by intent, bad faith, or fraud or gross negligence.

Query: an institution provides in its rules for its immunity or exclusion of liability clause, in relation to an
act or omission in connection with the arbitration, up to what extent is the clause valid
Answer

Sir: well the answer is the same , it is unlikely that the clause will be effective under the mandatory rules
of the quorum, and under philippine law liability may attach if the damage is caused by bad faith or
gross negligence.

Query: what should the tribunal do if it has ground to suspect that the tribunal is being used to further
criminal purposes like money laundering

Answer

Each party will be provided an opportunity to explain, once the tribunal deems it has sufficient
justification, it can then evaluate the facts. in case of money laundering, or other manipulation of the
process by the parties, the tribunal can terminate the proceedings on the basis of there is no actual
dispute. in case of a consent award, the tribunal may issue a ruling refusing to approve the settlement.

Query: Arbitral institution who wilfully ignored its own rules... (Sir: diniscuss na kanina so di na natin
uulitin yun)

Query: during the preliminary conference the party inquired what bad faith means, the arbitrator
explained the meaning of the term and how to go about it. did the arbitrator provide a ground for the
other party to challenge the arbitrator?

Answer

No, the arbitrator can give information it cannot give advise. so nagprovide lang siya ng information di
siya nagbigay ng advice.

Query: In behalf of your client, you initiated an arbitration in Singapore, the seat provided in the
arbitration agreement. the other party initiated a litigation in its own court questioning the validity of
the underlying contract. what step can your client take in Singapore to prevent the other party from
proceeding with the litigation?

Answer

File the case in Singapore, try to get an ante suit injunction. basically ang ginagagawa niyan is to enjoin
the other party from proceeding with its litigation. ngayon sa singapore meron ding tinatatawag na
emergency arbitrators. unfortunately wala sa atin nun, pero ganun din yun try to get an ante suit
injunction from the emergency arbitrator.
Query: a party challenged the jurisdiction of the arbitral tribunal by invoking the non-arbitrability
doctrine, in other words that is not subject to arbitration pursuant to their law. the tribunal deferred its
decision on the matter and ultimately decided in its award that the doctrine does not apply. so ngayon
the party filed a petition to vacate natalo siya, and again invoked the non-arbitrability doctrine. the
other party argued that the matter was already decided by the tribunal in its award and that such
decision is final and binding. you are the judge rule on the issue.

Answer

Ang answer? wag niyong sasabihin sakin an pwedeng i-vacate, ang pinaguusapan lang natin is yung issue
lang, kung pwede bang ibring up or hindi. the answer is (unclear)... yung finality, yung binding effect
nung award is doon lang sa merits, hindi yun applicable sa grounds to vacate the award.

Query: is “lura novit curia” the court knows the law... that is the parties to a legal dispute do not need
to plead or prove the laws that applies to their case. applicable to arbitration.

Answer

No, because arbitration is evidentiary and of course this includes technical and legal issues, so it has to
be approved. yung lura novit curia di na kelangan i prove yung law, pwede siyang notice...

Query: in an international arbitration the claimants’ claim was dismissed, under the principle costs
following the event, the respondents should be entitled to its counter-claim, the tribunal nevertheless
dismissed the counter-claim on the ground that it does not understand its legal basis. what, if any, was
the omission of the respondent?

Answer

Hindi siya nagpresent ng legal expert witness. again dinedevelop yung evidentiary nature.

Query: during the preliminary conference the parties opted for sequential presentation of witnesses, in
other words isa-isa, however they cannot agree whether to use the short procedure or (unclear)
procedure, so the arbitrator in the exercise of its discretion opted for witness conferencing. is it valid?

Answer

No, kasi sinabi na nga ng parties sequential presentation, witness conferencing ay sabay.
Query: what problem or problems will you foresee in the following arbitration agreement, the
arbitration shall be seated in Miami, but the seat of arbitration is the ICC in Paris. that one you will have
to think about.

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