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SUPREME COURT
Manila
EN BANC
A.M. No. 07-11-08-SC
September 1, 2009
Rule 7.2. When challenge may be raised in court. When an arbitrator is challenged before the arbitral
tribunal under the procedure agreed upon by the
parties or under the procedure provided for in Article
13 (2) of the Model Law and the challenge is not
successful, the aggrieved party may request the
Appointing Authority to rule on the challenge, and it is
only when such Appointing Authority fails or refuses to
act on the challenge within such period as may be
allowed under the applicable rule or in the absence
thereof, within thirty (30) days from receipt of the
request, that the aggrieved party may renew the
challenge in court.
Rule 8.7. No motion for reconsideration or appeal. Any order of the court resolving the petition shall be
immediately executory and shall not be subject of a
motion for reconsideration, appeal or petition for
certiorari.
Rule 8.8. Appointment of substitute arbitrator. Where the mandate of an arbitrator is terminated, or
he withdraws from office for any other reason, or
because of his mandate is revoked by agreement of
the parties or is terminated for any other reason, a
substitute arbitrator shall be appointed according to
the rules that were applicable to the appointment of
the arbitrator being replaced.
Rule 12.11. Suspension of proceedings to set aside. The court when asked to set aside an arbitral award
may, where appropriate and upon request by a party,
suspend the proceedings for a period of time
determined by it to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to
take such other action as in the arbitral tribunals
opinion will eliminate the grounds for setting aside. The
court, in referring the case back to the arbitral tribunal
may not direct it to revise its award in a particular way,
or to revise its findings of fact or conclusions of law or
otherwise encroach upon the independence of an
arbitral tribunal in the making of a final award.
Rule 18.5. Submission of settlement agreement. Either party may submit to the court, before which the
case is pending, any settlement agreement following a
neutral or an early neutral evaluation, mini-trial or
mediation-arbitration.
PART VI
MOTION FOR RECONSIDERATION, APPEAL AND
CERTIORARI