Beruflich Dokumente
Kultur Dokumente
Reference:https://www.jus.uio.no/lm/un.electronic.commerce.model.law.1996/histo
ry.background.html
http://shodhganga.inflibnet.ac.in/bitstream/10603/140985/8/07%20chapter%201.pdf
Brief History
The UNCITRAL Rules are well-known for its works in the field of
international commercial arbitration adopted in its first session in 1968.
Brief History
http://www.uncitral.org/uncitral/en/uncitral_texts/arbitrati
on/2010Arbitration_rules.html
CHAPTER I. GENERAL PROVISIONS
A. the parties to an arbitration agreement have, at the time of the conclusion of that
agreement, their places of business in different States; or
B. one of the following places is situated outside the State in which the parties have their
places of business:
C. the place of arbitration if determined in, or pursuant to, the arbitration agreement;
D. 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
E. the parties have expressly agreed that the subject matter of the arbitration agreement
relates to more than one country.
(5) This Law shall not affect any other law of this State by virtue of which
certain disputes may not be submitted to arbitration or may be submitted
to arbitration only according to provisions other than those of this Law.
Article 2 A. International origin and general
principles
A party who knows that any provision of this Law from which the parties may
derogate or any requirement under the arbitration agreement has not been
complied with and yet proceeds with the arbitration without stating his
objection to such non-compliance without undue delay or, if a time-limit is
provided therefor, within such period of time, shall be deemed to have
waived his right to object.
Article 4. Waiver of right to object
A party who knows that any provision of this Law from which the parties may
derogate or any requirement under the arbitration agreement has not been
complied with and yet proceeds with the arbitration without stating his
objection to such non-compliance without undue delay or, if a time-limit is
provided therefor, within such period of time, shall be deemed to have
waived his right to object.
Article 5. Extent of court intervention
• A party who knows that any provision of this Law from which the parties
may derogate or any requirement under the arbitration agreement has not
been complied with and yet proceeds with the arbitration without stating
his objection to such non-compliance without undue delay or, if a time-limit
is provided therefor, within such period of time, shall be deemed to have
waived his right to object.
Article 5. Extent of court intervention
• The functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2)
shall be performed by ... [Each State enacting this model law specifies
the court, courts or, where referred to therein, other authority
competent to perform these functions.]
CHAPTER II. ARBITRATION AGREEMENT
• (1) A court before which an action is brought in a matter which is the subject of an
arbitration agreement shall, if a party so requests not later than when submitting
his first statement on the substance of the dispute, refer the parties to arbitration
unless it finds that the agreement is null and void, inoperative or incapable of being
performed.
• (2) Where an action referred to in paragraph (1) of this article has been brought,
arbitral proceedings may nevertheless be commenced or continued, and an award
may be made, while the issue is pending before the court.
article 9. Arbitration agreement and interim
measures by court
• Article 18 and 19– Conduct or commence of arbitral proceedings and deals with the
Fundamental procedural rights of the parties.
• Articles 19-22 – Determination of rules of procedures. The parties here agrees with
the language to be used.
• Granting the parties the autonomy and empowering the arbitral tribunal to decide
the matter.
• Article 23 – 24 deals with the Statement of claim and defense, and the
hearing and written proceedings.
• Article 25 – Default of a party. Only if due notice was given , may the
arbitral proceedings be continued in the absence of a party.
• Article 26 – expert appointed by arbitral tribunal.
• Article 27 – Court assistance in taking evidence.
Making of award and termination of
proceedings
• Rules applicable to substance of dispute
• the party making the application was not given proper notice
of the appointment of an arbitrator OR of the arbitral
proceedings or was otherwise unable to present his case
Article 34: Application for setting aside as exclusive recourse against
arbitral award:
What are the Grounds for setting aside arbitral awards: (Court Instance)
a. There must be a petition to the RTC specifying such grounds prescribed by law that
governs International commercial arbitration award
NOTE: Any other recourse from the arbitral award, such as by appeal or petition for
review or petition for certiorari or otherwise, shall be dismissed by the court.
A.M. No. 07-11-08-SC
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE
RESOLUTION
September 01, 2009
The petitioner may within fifteen (15) days from receipt of the petition to set aside in
opposition to a petition to recognize and enforce, or from receipt of the petition to
recognize and enforce in opposition to a petition to set aside, file a reply.
A.M. No. 07-11-08-SC
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION
September 01, 2009
If the court finds that the issue between the parties is mainly one of law:
the parties may be required to submit briefs of legal arguments, not more than fifteen
(15) days from receipt of the order, sufficiently discussing the legal issues and the legal
basis for the relief prayed for by each of them. If the court finds that the issue between
the parties is mainly one of law, the parties may be required to submit briefs of legal
arguments, not more than fifteen (15) days from receipt of the order, sufficiently
discussing the legal issues and the legal basis for the relief prayed for by each of them.
A.M. No. 07-11-08-SC
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION
September 01, 2009
If the court finds from the petition or petition in opposition thereto that there are issues of fact
relating to the ground(s) relied upon for the court to set aside:
it shall require the parties within a period of not more than fifteen (15) days from receipt of the
order simultaneously to submit the affidavits of all of their witnesses and reply affidavits within
ten (10) days from receipt of the affidavits to be replied to. There shall be attached to the
affidavits or reply affidavits, all documents relied upon in support of the statements of fact in
such affidavits or reply affidavits.
A.M. No. 07-11-08-SC
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION
September 01, 2009
*This case shall have preference over other cases before the court, except criminal
cases.
A.M. No. 07-11-08-SC
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE
RESOLUTION
September 01, 2009
Guidelines in Recognition, Enforcement and Setting Aside of an International Commercial
Arbitration Award:
The court when asked to set aside an arbitral award may also:
When the preliminary ruling of an arbitral tribunal affirming its jurisdiction to act on
the matter before it had been appealed by the party aggrieved by such preliminary
ruling to the court, suspend the proceedings to set aside to await the ruling of the
court on such pending appeal or, in the alternative, consolidate the proceedings to set
aside with the earlier appeal.
A.M. No. 07-11-08-SC
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE
RESOLUTION
September 01, 2009
Guidelines in Recognition, Enforcement and Setting Aside of an International
Commercial Arbitration Award:
“Same Grounds as stated in Article 35 of UNCITRAL Model Law for both party
and court instance”
Frequently Asked Question in Foreign Arbitration
awards:
ARE FOREIGN ARBITRAL AWARDS CONFIRMED BY A FOREIGN COURT ENFORCED AS FOREIGN COURT
JUDGEMENTS? (2007 BAR QUESTION)
NO, They may be enforced under Sec 44 of RA 9285 (ADR Act of 2004). Under the said law, the
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(1958 NY Convention) shall govern the recognition and enforcement of arbitral awards
covered by such convention.
A Foreign Arbitral Award, when confirmed by a court of a foreign country, shall be recognized
and enforced as a foreign arbitral award and not as a judgment of a foreign court.
A Foreign arbitral award when confirmed by the RTC, shall be enforced in the same manner as
final and executory decisions of court of law in the Philippines (Sec 44, RA 9285)
Frequently Asked Question in Foreign Arbitration
awards:
ARE FOREIGN ARBITRAL AWARDS BY A COUNTRY NOT A SIGNATORY TO THE 1958 NEW YORK
CONVENTION BE RECOGNIZED AND ENFORCED IN THE PHILIPPINES?
YES, Provided The court may, upon grounds of COMITY and RECIPROCITY,
recognize and enforce a foreign arbitral award made in a country that is not a
signatory to the New York Convention as if it were a Convention Award (Rule 13.4
AM No. 07-11-08)
Frequently Asked Question in Foreign
Arbitration awards:
WHAT ARE THE APPLICABLE LAW OR TREATY WHEN FOREIGN ARBITRATION AWARDS BY
A MEMBER OR NON-MEMBER STATE?
IF MEMBER STATE:
New York Convention of 1958 as provided in RA 9285 Sec 42 (ADR Act of
2004)
IF NON-MEMBER STATE:
RA 9285 sec 43 Consistent with Article 35 of the UNCITRAL Model Law
Frequently Asked Question in Foreign
Arbitration awards:
WHAT ARE THE APPLICABLE LAW OR TREATY FOR DOMESTIC ARBITRATION AWARDS
“An arbitration clause, stipulating that the arbitral award is final and binding,
does not oust our courts of jurisdiction as the international arbitral award, the
award of which is not absolute and without exceptions, is still judicially
reviewable under certain conditions provided for by the UNCITRAL Model Law
on ICA as applied and incorporated in R.A. [No.] 9285.”
CASE #1:
Korea Technologies Co., Ltd. vs.
Hon. Alberto A. Lerma and Pacific General Steel Manufacturing Corporation,
G.R. No. 143581, Jan. 7, 2008.
“The Model Law is not a law on its own. “Until the Philippine Congress
adopted it as part of the ADR Act of 2004, the Model Law on International
Commercial Arbitration was not part of our law.” Finally, the UNCITRAL
Arbitration Rules was also a product of UNCITRAL adopted during its ninth
session. “The United Nations General Assembly approved Resolution No.
31/98 on December 15, 1976 recommending the use of Arbitration Rules in the
settlement of disputes arising in the context of international commercial
relations, particularly by reference to the Arbitration Rules in commercial
contracts.”