Statements of claim and defense

Article 23 (Model Law)

Claimant must state:

1. Facts supporting his claim
2. Issues
3. Relief or remedy sought

Respondent must state:

- Defenses

--- Unlike in Rule 8 of ROC where every pleading shall contain in a methodical and
logical form, a plain, concise and direct statement of the ultimate facts on which the party
leading relies, omitting the statement of mere evidence
--- Model Law 23 applies if Article 21is not complied.
--- amendments are allowed if the causes or causes of action are not sufficiently
states, the claimant may file a separate statement of claim.

The parties may submit with their statements all documents they consider to be relevant or may add
a reference to the documents or other evidence they will submit

--- They define the arbitrable issues and serve to limit the jurisdiction of the
arbitrator or arbitral tribunal to decide only upon those issues.

Unless otherwise agreed by the parties, either party may amend or supplement hid claim or defense
during the arbitral proceedings, except:
1. During the pre-hearing, the parties have agreed to disallow any amendment or allow it on
narrow grounds
2. Arbitral tribunal deems it inappropriate

Hearings and Written Proceedings

The arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence, or
whether the proceedings shall be conducted on the basis of documents and other materials

Parties shall be given sufficient advance notices

Documents given by one party to the arbitral tribunal shall be communicated to the other party

--- Rules of evidence are often applied although they are liberally construed
--- American courts in arbitration are not bound to hear all the evidence and
arguments, but he must give each party an adequate opportunity to be heard. But in
RA 876, arbitrators are to receive in evidence any documents which the parties may
wish to submit.
Default of a Party
Situation

Effect

1. Claimant fails to communicate his claims in

accordance with Article 23 (1) of the Model Law

-Arbitral tribunal shall terminate the

proceedings

2. Respondent fails to communicate his defense in

accordance with Article 23 (1) of the Model Law

3. Any party fails to appear at a hearing or to produce

documentary evidence

Arbitral Tribunal shall continue with

the proceedings

Not equal to admission of the

claimants allegations

Arbitral Tribunal shall continue with

the proceedings

Award shall be based on the

evidence before it

---- Arbitration proceedings begin with the filing of pleadings of the parties
---- Failure of a party to appear is a waiver of right to produce evidence.
---- The rule in arbitration, as compared with litigation is more stringent
Expert appointed by arbitral tribunal

Appointment of one or more experts to report to it on specific issues

Require a party to give the expert relevant information or to produce, or to provide access to, any
relevant documents, goods or other property for his inspection

Expert may participate in a hearing

Court Assistance in Taking Evidence

The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent
court of this State assistance in taking evidence. The court may execute the request within its
competence and according to its rules on taking evidence.

The Arbitral Tribunal shall have the power to require any person to attend a hearing as a witness by
means of a subpoena.

--- may be directed either to the parties or a third party for compliance.
--- During pre hearing, generally, parties agree to produce before hearing date all
evidence both testimonial and documentary. In this case, they will be in the form of
sworn witnesses statements or affidavits.

When a court may be asked to issue a subpoena or subpoena duces tecum:

1. The witness has no contractual relationship with a party as an officer, employee, agent, adviser
consultant, or is not under the control of a party
2. The documents to be produced and the site to be inspected are not in the possession, custody or
control of a party
3. A subpoena or a subpoena duces tecum previously issued by the arbitral tribunal has not been
complied with or has not produced the desired result.

Approval by the arbitral tribunal may be indispensably required.

- Reason: Arbitral proceedings may be suspended pending the request to the court or compliance with
the subpoena

The petition may be filed with the Regional Trial Court:

1. Where the arbitration proceedings are taking place
2. Where the witnesses reside or may be found
3. Where the evidence may be found

---- Failure to comply with subpoena would be contempt of court

--- Assistance may be asked anytime the need arises during the arbitral proceedings