SPECIAL RULES OF COURT ON ADR Flashcards
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION also known as
A.M. No. 07-11-08-SC
Who may request recognition and enforcement or setting aside
According to Rule 12.1. any party to an international commercial arbitration in the Philippines
When to file a Petition to recognize and enforce ARBITRAL AWARD
may be filed anytime from receipt of the award.
When to file a Petition to set aside ARBITRAL AWARD?
Filed within three (3) months from the time the petitioner receives a copy of ARBITRAL AWARD.
Where shall A petition to recognize and enforce or set aside an arbitral award may be filed ?
Regional Trial Court:
(a) where arbitration proceedings were conducted;
(b) where any of the assets to be attached or levied upon is located; (c) where the act to be enjoined will be or is being performed;
(d) where any of the parties to arbitration resides or has its place of business; or
(e) in the National Capital Judicial Region.
Grounds to set aside or resist enforcement of AWARD
if The party making the application furnishes proof that: (4)
Rule 12.4.
(i). A party to the arbitration agreement was under some incapacity
(ii). The party making the application to set aside or resist enforcement was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;
(iii). The AWARD deals with a DISPUTE NOT CONTEMPLATED BY by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration;
(iv). The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties,
Grounds to set aside or resist enforcement of AWARD if The court finds that: (2)
(i). The subject-matter of the dispute is not capable of settlement by arbitration under the law of the Philippines; or
(ii). The recognition or enforcement of the award would be contrary to public policy.
The petition to set-aside or a pleading resisting the enforcement of an arbitral award on the ground that a party was a minor or an incompetent shall be filed only on behalf of the minor or incompetent and shall allege that (2)
(a) the other party to arbitration had knowingly entered into a submission or agreement with such minor or incompetent, or (b) the submission to arbitration was made by a guardian or guardian ad litem who was not authorized to do so by a competent court.
Exclusive recourse against arbitral award:
petition to set aside the arbitral award, and not review or petition for certiorari
Who verifeies petition to Recognize/ set aside
According to Rule 12.6, by a person who has personal knowledge of the facts stated therein.
What are the Contents of Petition to recognize and enforce?
a. The addresses of record, or any change thereof, of the parties to arbitration;
b. A statement that the arbitration agreement or submission exists;
c. The names of the arbitrators and proof of their appointment;
d. A statement that an arbitral award was issued and when the petitioner received it; and
e. The relief sought.
What should be attached along with the Petition to recognize and enforce?
a. An authentic copy of the arbitration agreement;
b. An authentic copy of the arbitral award;
c. A verification and certification against forum shopping executed by the applicant in accordance with Sections 4 and 5 of Rule 7 of the Rules of Court; and
d. An authentic copy or authentic copies of the appointment of an arbitral tribunal.
What are the Contents of Petition to set aside. -
a. should state the grounds relied upon to set it aside.
b. if petitioner is a minor or found incompetent by a court, there shall be attached to the petition certified copies of documents showing such fact.
What is EO 1008 also known as?
CIAL- Construction Industry Arbitration Law
