Republic Act No. 9285 and its Implementing Rules and Regulations Flashcards
What is the title of Republic Act No. 9285?
Alternative Dispute Resolution Act of 2004
What is the policy of the State as declared in Section 2?
To actively promote party autonomy in the resolution of disputes
What does ‘Alternative Dispute Resolution System’ mean?
Any process or procedure used to resolve a dispute, other than by adjudication, involving a neutral third party
What is an ‘ADR Provider’?
Institutions or persons accredited to act as mediator, conciliator, arbitrator, etc.
Define ‘Arbitration’.
A voluntary dispute resolution process where one or more arbitrators resolve a dispute by rendering an award
What is the role of an ‘Arbitrator’?
A person appointed to render an award in a dispute under an arbitration agreement
What constitutes an ‘Award’?
Any partial or final decision by an arbitrator resolving an issue in a controversy
What is ‘Confidential information’ in the context of ADR?
Information intended not to be disclosed, including mediation communications and related documents
What is a ‘Convention Award’?
A foreign arbitral award made in a Convention State
What is a ‘Convention State’?
A State that is a member of the New York Convention
What does ‘Court-Annexed Mediation’ mean?
Any mediation process conducted under the auspices of the court after it has acquired jurisdiction of the dispute
Define ‘Early Neutral Evaluation’.
An ADR process where parties present summaries of their cases to receive a nonbinding assessment from a neutral expert
What is the definition of ‘Mediation’?
A voluntary process where a mediator facilitates communication and negotiation to assist parties in reaching an agreement
Who is a ‘Mediator’?
A person who conducts mediation
What does ‘Mediation-Arbitration’ or Med-Arb entail?
A dispute resolution process involving both mediation and arbitration
What is a ‘Mini-Trial’?
A structured dispute resolution method in which case merits are argued before decision makers seeking a negotiated settlement
What is the ‘Model Law’?
The Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law
What is a ‘Non-Party Participant’?
A person, other than a party or mediator, who participates in a mediation proceeding
What does ‘Proceeding’ refer to?
A judicial, administrative, or other adjudicative process, including related motions and conferences
What is the role of the ‘Roster’?
A list of persons qualified to provide ADR services as neutrals or to serve as arbitrators
True or False: The provisions of the Act apply to labor disputes covered by the Labor Code.
False
What are the principles regarding confidentiality of information in mediation?
Information obtained through mediation is privileged and confidential, and may not be disclosed
What is the exception to the privilege of confidentiality in mediation?
If the mediation communication is in an agreement authenticated by all parties
What is prohibited regarding mediator reports?
A mediator may not make a report regarding a mediation to a court or agency, except under certain circumstances
What is the requirement for a mediator before accepting a mediation?
To make a reasonable inquiry to determine any known conflicts of interest
What is the ruling on a dispute that is the subject of a mediation?
The ruling is not permitted to be disclosed if the mediation occurred, has terminated, or a settlement was reached.
This is to maintain confidentiality during the mediation process.
What must a mediator do before accepting a mediation?
Make reasonable inquiries to determine any facts that may affect impartiality and disclose such facts to the parties.
This includes any financial or personal interests in the outcome.
When must a mediator disclose facts learned after accepting a mediation?
As soon as practicable.
This ensures transparency and maintains the integrity of the mediation process.
Is there a requirement for special qualifications for a mediator?
No, unless specified by the mediation agreement or required by the mediation parties.
This allows flexibility in choosing mediators.
What rights do parties have regarding legal representation in mediation?
A party may designate a lawyer or any person to assist in the mediation, and this must be waived in writing.
Waivers can be rescinded at any time.
How is the place of mediation determined?
The parties are free to agree on the place; if not, it should be convenient and appropriate for all parties.
This allows parties to choose a suitable location for mediation.
What does an agreement to submit a dispute to mediation by an institution entail?
It includes an agreement to be bound by the institution’s internal mediation and administrative policies.
Institutional rules govern the mediation process.
What is required for a settlement agreement following successful mediation?
It shall be prepared with assistance from respective counsels and the mediator, signed by the parties, and certified by the mediator.
This ensures that all parties understand and agree to the terms.
What happens if parties want to enforce a mediated settlement agreement?
They may file a petition with the Clerk of a Regional Trial Court for enforcement.
The court will hear the petition summarily.
What forms of other ADR can parties refer to in a dispute?
They can refer to evaluation by a third person, mini-trials, mediation-arbitration, or combinations thereof.
This allows flexibility in resolving disputes through various methods.
What governs international commercial arbitration?
It is governed by the Model Law on International Commercial Arbitration adopted by the United Nations.
This ensures consistency in international arbitration practices.
What defines a commercial arbitration?
It covers matters arising from all relationships of a commercial nature, whether contractual or not.
This includes trade transactions, construction works, and other business relationships.
Who can represent a party in international arbitration conducted in the Philippines?
Any person of the party’s choice, provided they are not authorized to appear as counsel unless admitted to the practice of law in the Philippines.
This allows flexibility in representation while maintaining legal standards.
What is the confidentiality status of arbitration proceedings?
Arbitration proceedings and records are confidential and not published unless consented by the parties or permitted by the court.
Protective orders can be issued to prevent unauthorized disclosures.
What must a court do if an action is brought in a matter subject to an arbitration agreement?
The court shall refer the parties to arbitration if requested by at least one party, unless the agreement is found to be invalid.
This promotes adherence to arbitration agreements.
What does ‘Appointing Authority’ refer to in the context of arbitration?
It refers to the person or institution named in the arbitration agreement as the appointing authority.
This is crucial for the selection and appointment of arbitrators.
What functions may be performed by the Appointing Authority?
Functions relating to the appointment of arbitrators and other administrative tasks as outlined in the Model Law.
This ensures proper governance of the arbitration process.
What can a party request from a court before the constitution of the tribunal?
An interim measure of protection.
This is to prevent irreparable loss or injury before arbitration begins.
What are the rules regarding interim or provisional relief in arbitration?
Relief may be granted to prevent loss, provide security, preserve evidence, or compel actions.
Such orders are binding and can be enforced by the court.
Where can arbitration take place if the parties do not agree on a location?
In Metro Manila, unless the arbitral tribunal decides otherwise based on case circumstances.
This provides a default location for arbitration proceedings.
What language is used in international arbitration if no agreement is made?
English.
For domestic arbitration, either English or Filipino may be used unless specified otherwise.
What governs domestic arbitration?
It continues to be governed by Republic Act No. 876, the Arbitration Law, as amended.
This ensures that domestic arbitration follows established legal frameworks.
What law governs the arbitration of construction disputes?
Executive Order No. 1008, known as the Construction Industry Arbitration Law.
This law provides specific guidelines for construction-related arbitration.
Who has original and exclusive jurisdiction over construction disputes?
The Construction Industry Arbitration Commission (CIAC).
This includes disputes among parties bound by an arbitration agreement in construction projects.
Can an arbitrator act as a mediator and vice versa?
Yes, by written agreement of the parties.
This allows for flexibility in dispute resolution processes.
What is required for the appointment of a foreign arbitrator?
The dispute must involve an international party, and the appointee must agree to abide by CIAC’s rules.
This ensures that foreign arbitrators are qualified to handle specific disputes.
What is the role of the Construction Industry Arbitration Commission (CIAC) in appointing a foreign arbitrator?
The CIAC shall promulgate rules for the appointment of a foreign arbitrator in construction disputes involving an international party, provided certain conditions are met.
What are the requirements for appointing a foreign arbitrator according to SEC. 37?
- Dispute is a construction dispute with one international party
- The arbitrator agrees to CIAC rules
- The arbitrator is nominated by the international party or is a common choice of two CIAC-accredited arbitrators
- The arbitrator’s nationality differs from that of the international party
Which sections of the Act apply to construction arbitration?
Sections 17(d), 28, and 29 of the Act apply to arbitration of construction disputes.
What must a regional trial court do upon discovering a construction dispute that is subject to CIAC arbitration?
The court must dismiss the case unless both parties submit a written agreement for the court to resolve the dispute instead of CIAC.
How is the confirmation of a domestic arbitral award governed according to SEC. 40?
It is governed by Section 23 of R.A. 876 and enforced like final decisions of the Regional Trial Court.
What is not required for a CIAC arbitral award in terms of confirmation?
A CIAC arbitral award does not need to be confirmed by the regional trial court to be executory.
On what grounds can a party question a domestic arbitration award?
Only on grounds enumerated in Section 25 of Republic Act No. 876.
What governs the recognition and enforcement of foreign arbitral awards covered by the New York Convention?
The New York Convention governs their recognition and enforcement.
What must a party provide when applying for the recognition and enforcement of a foreign arbitral award?
- Original or authenticated copy of the award
- Original or authenticated copy of the arbitration agreement
- Certified translation if not in an official language
How does the regional trial court handle applications for rejection or suspension of a foreign arbitral award?
The court may vacate its decision and order the applicant to provide security if deemed appropriate.
What is the status of a foreign arbitral award confirmed by a foreign court?
It is recognized and enforced as a foreign arbitral award and not a foreign court judgment.
What grounds can a party use to oppose the recognition of a foreign arbitral award according to SEC. 45?
Only on grounds enumerated under Article V of the New York Convention.
What happens when a party appeals a decision related to an arbitral award?
The appellate court will require the appellant to post a counterbond equal to the award amount.
Where should proceedings for recognition and enforcement of an arbitration agreement be filed?
In the regional trial court where arbitration proceedings are conducted or where any party resides or has a business.
What is the purpose of the Office for Alternative Dispute Resolution established under SEC. 49?
To promote, develop, and expand the use of ADR in private and public sectors.
What are some powers and functions of the Office for Alternative Dispute Resolution?
- Formulate standards for training ADR practitioners
- Certify trained ADR practitioners
- Coordinate government ADR programs
- Charge fees for services
What must happen within one month after the approval of this Act according to SEC. 52?
The Secretary of Justice must convene a committee to formulate implementing rules and regulations.
What is the effect of the Repealing Clause in SEC. 54?
It repeals, amends, or modifies any inconsistent laws, decrees, or regulations.
What does the Separability Clause in SEC. 55 state?
If any provision of this Act is held unconstitutional or invalid, the remaining provisions shall continue in effect.
When does this Act take effect?
Fifteen days after its publication in at least two national newspapers.
