International Commercial Arbitration

Question 1

Where to find International Commercial Arbitration in ADR?

Answer 1

ADR Act, Chapter 4, Sections 19-31

Question 2

What governs International Commercial Arbitration?

Answer 2

Model Law

Question 3

How can arbitration be considered Commercial?

Answer 3

Chapter 4 Sec. 20 Provides that Arbitration is Commercial if it covers MATTERS ARISING FROM ALL RELATIONSHIPS of a COMMERCIAL NATURE, whether CONTRACTUAL OR NOT.

Question 4

What is the Gen Rule of Confidentiality in Arbit Proceedings (Chapter 4, Sec. 23)?

Answer 4

Arbitration proceedings including records, evidence, and arbitral award shall be Confidential and shall not be PUBLISHED.

Question 5

What are the exceptions to the GR that Arbitration proceedings including records, evidence, and arbitral award shall be Confidential and shall not be PUBLISHED.

Answer 5

EXC: 1. with CONSENT OF PARTIES. 2. For the LIMITED PURPOSE of DISCLOSING TO COURT.

Question 6

Exception to Exception of SEC 23

Answer 6

COURT issued PROTECTIVE ORDER TO PROHIBIT DISCLOSURE.

Question 7

When can there be REFFERAL to Arbitration for Intl Commercial Disputes?

Answer 7

1. ATLEAST 1 party requests BEFORE PRE-TRIAL
2. BOTH PARTIES request AFTER PRETRIAL

Question 8

the person or institution named in the arbitration agreement as the authority; or the regular arbitration institution under whose rules the arbitration is agreed to be conducted

Answer 8

APPOINTING AUTHORITY (Sec. 26)

Question 9

In ad hoc arbitration, the default appointment of an arbitrator shall be made by WHO?

Answer 9

National President of the Integrated Bar of the Philippines (IBP) or his duly authorized representative.

Question 10

WHEN can a request for an interim measure of protection or modification thereof be made?

Answer 10

After constitution of the arbitral tribunal and during arbitral proceedings (SEC 28, ADR ACT of 2004)

Question 11

WHEN is the arbitral tribunal deemed constituted?

Answer 11

when the sole arbitrator or the third arbitrator has accepted the nomination and WRITTEN ACCEPTANCE has been received by the party making request.

Question 12

Why can interim measure of protection be granted?

Answer 12

(i) to prevent irreparable loss or injury:
(ii) to provide security for the performance of any obligation;
(iii) to produce or preserve any evidence; or
(iv) to compel any other appropriate act or omission.

Question 13

How to apply for INTERIM OR PROVISIONAL RELIEF?

Answer 13

by WRITTEN APPLICATION transmitted to the Court or arbitral tribunal indicating the:
1.precise relief,
2.the party against whom the relief is requested,
3. the grounds for the relief,
4. and evidence supporting the request.

Question 14

Interim Measures include:

Answer 14

1.preliminary injunction directed against a party,
2.appointment of receivers
3. detention, preservation, inspection of property that is the subject of the dispute.

Question 15

GR of Sec 30 on Place of Arbitration

Answer 15

parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be in Metro Manila

Question 16

EXCEPTION of Sec 30 on Place of Arbitration

Answer 16

ARBITRAL TRIBUNAL decide on a different place of arbitration convenient to the parties

Question 17

GR on SEC. 31. Language of the Arbitration.

Answer 17

The parties are free to agree on the language or languages to be used. Failing such agreement, English in international arbitration, and English or Filipino for domestic arbitration.

Question 18

According to Sec. 28 on Grant of Interim Measure of Protection, A party who does not comply with the order shall be…

Answer 18

liable for all damages resulting from noncompliance (expenses, and reasonable attorney’s fees)