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GROUP 1

1. What are the specific cases under which arbitration


may
be
conducted?
1.Violations of specifications for materials and
workmanship;
2.
Violations
of
terms
of
agreement;
3. Interpretation and/or application of contractual
provisions;
4.
Commencement
time
and
delays;
5.
Maintenance
and
defects;
6. Payment defaults of employer or contractor; and
7. Changes in contract costs.

2. Give 5 advantages of construction arbitration.


1.
Arbitrators
have
technical
expertise
2.
Parties
choose
the
arbitrators
3.
Parties
choose
the
terms
of
reference
4. Proceedings are simple, faster and less expensive
5.
Proceedings
are
confidential
6.
Arbitrator's
decision
is
binding
7. A single forum may be convened for all parties

3. Two ways wherein disputes can be referred to the


CIAC (requisites):
1.) By a clause in a contract providing for the reference
of
all future
disputes
under
that
contract.
The parties having CIAC Arbitration clause in their
agreement, can initiate CIAC services for arbitration, on
any dispute or difference arising out of the said
agreement, by filing a notice of arbitration with CIAC as
mentioned in the Rule 4 of CIAC arbitration Manual,
accompanied by the appropriate filing fee. CIAC shall
initiate the requested service as per its Arbitration
Rules.
2.) A separate agreement providing for the reference of
an
existing
dispute.
Parties having a contractual dispute not having CIAC
Arbitration clause in their underlying contract may agree
to refer the dispute to CIAC by entering into an
agreement for arbitration through CIAC Arbitration Rules.
The parties having such agreement can file a notice of
arbitration under Rule 4 of CIAC manual, accompanied
by the appropriate filing fee. CIAC shall initiate the
requested services as per its Arbitration Rules.
If there is already an existing arbitration agreement, a
subsequent consent by the parties would be superfluous
and unnecessary.

ADR 2B

Page 1

4.
- construction dispute

Define:
construction

5. What is the significance of arbitration in the


construction
industry?
Arbitration is considered a more reasonable alternative
to court action. Persons who are knowledgeable of the
construction business shall be appointed as arbitrators
to act upon the cases. Hence, a prompt decision can be
easily reached.

6. Who shall have full authority to resolve all issues


raised in the Motion to Dismiss for lack of jurisdiction?
Arbitral Tribunal appointed.
7.
When
does
arbitration
cannot
proceed?
Where the contract between the parties does not provide
for arbitration and the parties cannot agree to submit the
dispute(s) to arbitration.

8. What are the exceptions to the


provision
in
arbitration
1.) With the
consent of the
2.) When necessary in case resort to the
under the Rules of Court.

confidentiality
proceedings?
parties,
or
Court is made

9. Who are qualified to arbitrate a construction dispute?


Only CIAC-accredited arbitrators may be nominated by
parties or by the first two arbitrators appointed as the
third member of a Tribunal and appointed by CIAC as
arbitrator.

10. What are the conditions for appointment of foreign


arbiter?
1. The dispute is a construction dispute in which one
party
is
an
international
party.
2. The foreign arbitrator to be appointed is not a national
of the Philippines and is not of the same nationality as
the international party in the dispute.

11. When shall the arbitration award be rendered?


The award shall be rendered promptly by the Arbitral
Tribunal within thirty (30) days from the time the case is
submitted for resolution but not more than six (6) months
from the date of signing of the TOR, or in cases where a
TOR is absent, not more than six (6) months from the
date of the last preliminary conference called for the
purpose of finalizing and/or signing of the TOR. There
shall be no extensions of time unless approved by the
CIAC.

16.
Define:
Small claim- Cases where the claim does not exceed P1
million
shall
be
categorized as a small claim thereby entitled to special
procedures
of
disposition
and
reduced
fees.

17. When is the jurisdiction of the arbitral tribunal over a


dispute is terminated?
The jurisdiction of the Arbitral Tribunal over the dispute is
terminated upon the finality of the Final Award or
Decision.

12. What is a term of reference?


This document functions like a pre-trial order in judicial
proceedings and controls the arbitration proceedings
unless corrected for manifest errors by motion filed not
later than the hearing date.

18. The jurisdiction of the Arbitral Tribunal over the


dispute
is
terminated
when?
The jurisdiction of the Arbitral Tribunal over the dispute is
terminated upon the finality of the Final Award or
Decision.

13. What is the effect in case there is a failure or refusal


on the part of the respondent to arbitrate?

19.What is the basis of construction arbitration and its


manifestation?
Construction arbitration is based on the consent of the
disputing parties, unless made compulsory by law.
Consent can be manifested in three ways:
1. Contracting parties provide for an arbitration clause in
the
construction
contract;
2. If there is no arbitration clause in the contract,
disputing parties may sign a joint statement of issues of
the dispute(s) and/or a voluntary agreement to
undertake
construction
arbitration.
3. Any written agreement or submission to arbitration in
the form of exchange of letters (by post or telefax),
telexes, telegrams, emails, or any other mode of
communication, even if unsigned by the parties, as long
as the intent is clear that the parties agree to submit to
arbitration.

The failure despite due notice which amounts to a


refusal of the Respondent to arbitrate, shall not stay the
proceedings notwithstanding the absence or lack of
participation of the Respondent. Arbitration proceedings
shall continue, and the award shall be made after
receiving the evidence of the Claimant.

14. What is the condition for the CIAC to acquire


jurisdiction over the dispute?
For the CIAC to acquire jurisdiction, the parties to a
dispute must be bound by an arbitration agreement in
their contract or subsequently agree to submit the same
to voluntary arbitration.

15. Where must a party to a construction contract


desiring to avail of arbitration file its request?
Any party to a construction contract desiring to avail of
arbitration shall file its Request for Arbitration to the
Secretariat of the CIAC.

ADR 2B

Page 2

20. Factual findings of construction arbitrators are final


and conclusive and not reviewable by the court. Give at
least
3
exceptions.
(1) the award was procured by corruption, fraud or other
undue
means;
(2) there was evident partiality or corruption of the
arbitrators or any of them; (3) the arbitrators were guilty
of misconduct in refusing to hear evidence pertinent and
material
to
the
controversy;
(4) one or more of the arbitrators were disqualified to act
as such under Section nine of Republic Act No. 876 and
willfully refrained from disclosing such disqualifications
or of any other misbehavior by which the rights of any
party
have
been
materially
prejudiced;
or
(5) the arbitrators exceeded their powers, or so
imperfectly executed them, that a mutual, final and

definite award upon the subject matter submitted to them


was
not
made.
Other recognized exceptions are as follows:
(1) when there is a very clear showing of grave abuse of
discretion resulting in lack or loss of jurisdiction as when
a party was deprived of a fair opportunity to present its
position before the Arbitral Tribunal or when an award is
obtained through fraud or the corruption of arbitrators,
(2) when the findings of the Court of Appeals are
contrary
to
those
of
the
CIAC,
and
(3) when a party is deprived of administrative due
process.
GROUP 2

1. What can be the subject of arbitration by PDRCI?


Any dispute, controversy or claim arising out of or
relating to this contract, or the breach, termination or
invalidity thereof shall be settled by arbitration in
accordance with the PDRCI Arbitration Rules as at
present in force.

2. May the parties be presented or assisted during the


arbitral
proceedings?
The parties may be represented or assisted by persons
of their choice. The names and addresses of such
persons must be communicated in writing to the other
party; such communication must specify whether the
appointment is being made for purposes of
representation or assistance.

3. When can a dispute be a subject of arbitration by


PDRCI?
Where the parties to a contract have agreed in writing
that disputes in relation to that contract shall be referred
to arbitration under the PDRCI Arbitration Rules then
such disputes shall be settled in accordance with these
Rules subject to such modification as the parties may
agree in writing.

4. How many arbitrators shall be appointed if the parties


have not previously agreed on the number of arbitrators?
If the parties have not previously agreed on the number
of arbitrators (i.e. one or three), and if within fifteen (15)
days after the receipt by respondent of the notice of
arbitration the parties have not agreed that there shall be
only one arbitrator, three arbitrators shall be appointed.

ADR 2B

Page 3

5.
When
shall
arbitral
proceedings
begin?
Arbitral proceedings shall be deemed to commence on
the date on which the notice of arbitration is received by
the respondent.

6. What are the instances where arbitrators can be


challenged?
Any arbitrator may be challenged if circumstances exist
that give rise to justifiable doubts as to the arbitrators
impartiality
or
independence.
A party may challenge the arbitrator appointed by him
only for reasons of which he becomes aware after the
appointment has been made.

7. Can a claim or defense be amended?


During the course of the arbitral proceedings either party
may amend or supplement his claim or defense unless
the arbitral tribunal considers it inappropriate to allow
such amendment having regard to the delay in making it
or to the prejudice to the other party or to any other
circumstances. However, a claim may not be amended
in such a manner that the amended claim falls outside
the scope of the arbitration clause or separate arbitration
agreement.

8. When can PDRCI appoint the sole arbitrator?


PDRCI, as appointing authority, shall, at the request of
one of the parties, appoint the sole arbitrator within thirty
(30) days after the receipt of the request.

9. What is the form and effect of the award?


The award shall be made in writing and shall be final and
binding on the parties.

10. What are the things to be included in a notice of


arbitration?
The notice of arbitration shall include the following:
(a) A demand that the dispute be referred to arbitration;
(b) The names and addresses of the parties;
(c) A reference to the arbitration clause or the separate
arbitration
agreement
that
is
invoked;
(d) A reference to the contract out of or in relation to
which
the
dispute
arises;
(e) The general nature of the claim and an indication of

the
amount
involved,
if
any;
(f)
The
relief
or
remedy
sought;
(g) A proposal as to the number of arbitrators (i.e. one or
three), if the parties have not previously agreed thereon.
The notice of arbitration may also include:
(a) The proposals for the appointments of a sole
arbitrator
and
an
appointing
authority
(b) The notification of the appointment of an arbitrator
(c) The statement of claim referred to in Article 18

11.
When
can
an
arbitrator
be
replaced?
In the event of the death or resignation of an arbitrator
during the course of the arbitral proceedings, a
substitute arbitrator shall be appointed or chosen
pursuant to the procedure provided for in Articles 6 to 9
that was applicable to the appointment or choice of the
arbitrator being replaced.
In the event that an arbitrator fails to act or in the event
of the de jure or de facto impossibility of his performing
his functions, the procedure in respect of the challenge
and replacement of an arbitrator as provided in the
preceding articles shall apply.

12. What is the effect when claimant declared in default?


What
about
the
respondent?
If, within the period of time fixed by the arbitral tribunal,
the claimant has failed to communicate his claim without
showing sufficient cause for such failure, the arbitral
tribunal shall issue an order for the termination of the
arbitral proceedings. If, within the period of time fixed by
the arbitral tribunal, the respondent has failed to
communicate his statement of defense without showing
sufficient cause for such failure, the arbitral tribunal shall
order that the proceedings continue.

13. Are the arbitral proceedings essentially confidential?


Any information, relative to the subject of arbitration,
expressly intended by the source not to be disclosed, or
obtained under circumstances that would create a
reasonable expectation on behalf of the source that the
information shall not be disclosed. It shall include
pleadings, motions, manifestations, witness statements,
reports filed or submitted in arbitration or for expert
evaluation.

ADR 2B

Page 4

14. How is decision rendered by the arbitral tribunal?


When there are three arbitrators, any award or other
decision of the arbitral tribunal shall be made by a
majority of the arbitrators. In the case of questions of
procedure, when there is no majority or when the arbitral
tribunal so authorizes, the presiding arbitrator may
decide on his own, subject to revision, if any, by the
arbitral tribunal.

15. What is the effect when parties agree on the


settlement of the dispute before an award/decision is
made?
If, before the award is made, the parties agree on a
settlement of the dispute, the arbitral tribunal shall either
issue an order for the termination of the arbitral
proceedings or, if requested by both parties and
accepted by the tribunal, record the settlement in the
form of an arbitral award on agreed terms. The arbitral
tribunal is not obliged to give reasons for such an award.

16.
What
do
costs
include?
The
term
"costs"
includes
only:
(a)
The
fees
of
the
arbitral
tribunal;
(b) The travel and other expenses incurred by the
arbitrators;
(c) The costs of expert advice and of other assistance
required
by
the
arbitral
tribunal;
(d) The travel and other expenses of witnesses;
(e) The costs for legal representation and assistance of
the
successful
party;
(f) Any administrative fees and expenses of PDRCI as
administering authority and for acting as appointing
authority.

17. In case of an additional award, how can the arbitral


tribunal
decide?
If the arbitral tribunal considers the request for an
additional award to be justified and considers that the
omission can be rectified without any further hearings or
evidence, it shall complete its award within sixty (60)
days after the receipt of the request.

18. When may the award be made public?


The award may be made public only with the consent of
both parties.

- International commercial arbitration


19. How is interim or provisional relief be requested?
Interim or provisional relief is requested by written
application transmitted by reasonable means to the court
or arbitral tribunal as the case may be and the party
against whom the relief is sought, describing in
appropriate detail the precise relief, the party against
whom the relief is requested, the grounds for the relief,
and the evidence supporting the request.

- Limits the applicability of the law to the territory


of the enacting state
4. What is autonomy criterion
The law would apply to a foreign arbitration if the
parties to the arbitration had so decided to be
governed by the arbitration law of another state.
5. What are the exceptions to the territorial scope of the
coverage of the Model Law (ADR Act shall apply)

20. Give two powers of arbitral tribunal.


The arbitral tribunal shall have the power to rule on
objections that it has no jurisdiction, including any
objections with respect to the existence or validity of the
arbitration clause or of the separate arbitration
agreement.
The arbitral tribunal shall have the power to determine
the existence or the validity of the contract of which an
arbitration clause forms a part.

a.
a national court is required to refer the
parties to arbitration
b.
a party to a foreign arbitration may apply
with a national court before or during arbitral
proceedings for an interim measure of protection
c.
a prevailing party in a foreign arbitration
may apply with a national court for recognition
and enforcement of a foreign award
d.
a national court may refuse an
application for recognition and enforcement of a
foreign arbitral award
6. Why did the Model Law limit its application to
international commercial arbitration?

GROUP 3
1. What are the Models not covered by the Model Law?
a.
arbitrability of the subject matter of the
dispute
b.
capacity of the parties to enter into an
arbitration agreement
c.
state immunity from suit
d.
enforcement by national courts of
interim measures of protection granted by an
arbitrator
e.
the competence of an arbitrator to
reform a contract
f.
fixing of arbitrators fees
g.
request for and making a deposit for
fees
h.
the time limit for an award
i.
consolidation of arbitral proceedings
j.
contractual relations between the
arbitrators and parties of arbitration bodies
k.
security for fees and costs or period of
time for the enforcement of arbitral awards
l.
the enforcement of interim measures of
protection granted by arbitrators
m.
the manner in which arbitration awards
are enforced
2. What is the scope of the Model Law?

ADR 2B

3. What is "territorial criterion"?

Page 5

- The need to improve or reform the legal


structure was more keenly felt in international
trade.
- The chances of unification or harmonization of
national laws on arbitration would be greater if
its application would be limited to international
arbitration.
7. When is arbitration international?
a.
if the parties to an arbitration agreement
have, at the time of the conclusion of their
agreement, their places of business in different
states
b.
if one of the places is situated outside
the state in which the parties have their places
of business
c.
if the parties have expressly agreed that
the subject matter of the arbitration agreement
relates to more than one country
8. What are the tests of internationality?
- Place of business
- Place of arbitration

9. According to the UNCITRAL Working Group,


what is the limited coverage of the term
arbitration?
consensual arbitration or arbitration based on
the voluntary agreement of the parties
10. How is constructive delivery of written
communication made?
delivery to the addressees place of business,
habitual residence or mailing address
11. What is the significance of the delivery to the
respondent of a request for arbitration?
arbitration proceeding is commenced
12. Which has jurisdiction on the issue of the waiver
by a party to arbitrate?
Arbitral Tribunal

13. What are the instances wherein the Model Law


envisages court involvement?
1st group:
issues of appointment, challenge and
termination of the mandate of an
arbitrator
jurisdiction of the arbitral tribunal
setting aside of the arbitral award
2nd group:
issues of court assistance in taking
evidence
recognition of the arbitration agreement
recognition and enforcement of interim
measures and of arbitral awards
14. What is the only requirement for the validity of
written communication?
record of the delivery
15. When is the communication deemed to have
been received?
on the day it is delivered
16. What is the effect of the waiver by a party to
arbitrate on the ground of lack or failure to make
an objection?
The party concerned is precluded from raising
the objection during the subsequent phases of
the proceedings, or after the award.
17. What is the extent of court intervention in all
matters governed by the Model Law?
only to the extent court intervention was
expressly sanctioned by the Model Law itself
18. True or False. The Model Law provides for the
limit of courts intervention but not to limit the
support that courts can provide to arbitral
tribunal.

ADR 2B

Page 6

True

19. True or False. Lex Specialis is the doctrine


relating to the interpretation of special laws and
can only apply in domestic contexts.
False
20. The provision in the adoption of the Model Law
is found in Sec. 18 of the ADR Act
False
GROUP 4
What are the two forms of an arbitration
agreement?
An arbitration agreement may be in the form of an
arbitration clause in a contract or in the form of a
separate agreement.

What is an arbitration agreement?


An arbitration agreement is an agreement by the parties
to submit to arbitration all or certain disputes which
have arisen or which may arise between them in respect
of a defined legal relationship whether contractual or not.

True or False: The arbitration agreement shall


be in writing. An agreement is in writing if it is
contained in a documents signed by the parties
or in an exchange of letters, telex, telegrams or
other means of telecommunication which
provide a record of the agreement, or in an
exchange of statements of claim and defense in
which the existence of an agreement is alleged
by one party and not denied by another.
True

True or False
An arbitration agreement is in writing if it is
contained in an exchange of statements of claim and
defense is alleged by one party and not denied by the
other.
True

What is the importance of arbitration


agreement?
It is a cardinal rule that arbitration is a matter of contract
and parties are bound by arbitration awards if they
agreed to arbitrate the matter. An agreement to submit a
dispute to arbitration generally produces effect only upon
the parties, their heirs and assigns.

What is an electronic communication?


Any communication that the parties make by means of
data message.
What is data message?
It is information generated, sent, received or stoned by
electronic magnetic, optical or similar means, including,

but not limited to, electronic data interchange (EDI),


electronic mail, telegram, telex or telecopy.
Cite typical situations where validity of
agreement is raised?
a) A contract containing an arbitration clause is formed
by one party sending written terms to the other without
returning or making any other exchange in writing in
relation to the terms of the contract.

A referral to arbitration be requested no later than when


the party seeking a referral order submits its first
statement on the dispute.

b) A contact containing an arbitration clause is formed on


the basis of the contract text proposed by one party,
which is not explicitly accepted in writing by the other
party but the other party refers in writing to that contract
in subsequent correspondence, invoice or letter of credit
by maintaining, for example, its date or contract number.
c) A contract is concluded through a broker who reuses
the text evidencing what the parties have agreed upon,
including the arbitration clause, without there being any
direct written communication between the parties.
d) Reference in an oral agreement to a written set of
terms, which may be in standard form, that contain an
arbitration agreement.
When may a court not refer parties to an
arbitration agreement to arbitration although
requested by a party?
When the court finds that the arbitration agreement is
null and void, inoperative or incapable of being
performed.

What happens to the arbitral proceedings when


a party brings an action before the court which is
the subject matter of an arbitration agreement?
Arbitral proceedings may nevertheless be commenced
or continued, and an award may be made, while the
issue is pending before the court.

True or False: When an action which is the


subject of an arbitration agreement is brought
before the court, the court on its own motion
should refer the parties to arbitration.
False
What are the conditions to be complied with
before the court shall refer an action to
arbitration?
subject-matter of the dispute falls within an
arbitration agreement which is neither null
and void, inoperative nor incapable of being
performed
referral to arbitration be sought no later than
when the party requesting it submits its first
statement on the substance of the dispute
What is the procedural condition before the court
shall refer an action to arbitration?

ADR 2B

Page 7

What are some of the circumstances where the


arbitration agreement is found to be null and
void, inoperative or incapable of being
performed?
No consent or no valid consent to the alleged
arbitration agreement
Arbitration agreement not validly transferred to
the party making the referral application or to the
party responding thereto
Formal requirements not met
Condition precedent to the arbitration agreement
taking effect not fulfilled
Arbitration agreement no longer in effect
Arbitration agreement invalid because the
dispute is not arbitrable
Arbitration agreement invalid because it is
abusive or unconscionable
Arbitration agreement invalid because of the
invalidity of non-severable provisions thereof
Arbitration agreement designating an arbitral
institution or appointing authority that is either
nonexisting or uncooperative
Failure to commence arbitration within the
deadline provided for in the arbitration
agreement

Who may rule upon the issue of whether or not


the arbitration agreement is null and void,
inoperative or incapable of being performed?
Both the court and the arbitral tribunal

True or False: Concurrent proceedings between


the court and the arbitral tribunal to determine
the preliminary question of the existence or
validity of an arbitration agreement is allowed.
True

What is an interim measure?


It is a petition made for the temporary protection of
the rights and interest of a party pending the
resolution
of
a
dispute.

What are the purposes for granting interim


measure of protection?
A. Prevent irreparable loss or injury
B. Provide security for the performance of any
obligation
C.
Produce
of
preserve
evidence
D. Compel any other appropriate act or omission

What are examples of interim measures that a


court can issue?

A.
Preliminary
injunction
B.
Preliminary
attachment
C.
Appointment
of
receiver
D. Detention, preservation, delivery or inspection
of property
T/F: The request of a party from a court for
interim measure of protection prior or during
arbitral proceeding is compatible with arbitration
agreement.
True
GROUP 5

1. If an arbitrator becomes de jure or de facto unable to


perform his functions or for other reasons fails to act
without undue delay, what must a party to do to
terminate said arbitrator?
Answer: any party may request the court or any
authority under article 6 to decide on the mandate
2. Is the decision of the court or other authority under
article 14 appealable?
Answer: No
3. If under article 14, or article 13 (2), an arbitrator
withdraws from his office or a party agrees to the
termination of the mandate of an arbitrator, does it imply
the acceptance of the validity of any ground referred to
under article 14 or article 12 (2)?
Answer: No
4. Under article 14, when may a party request the court
or other authority to decide on the termination of
mandate of the arbitrator?
Answer: When the arbitrator becomes de jure or de
facto unable to perform his functions or for other reasons
fails to act without undue delay and the arbitrator does
not voluntarily withdraw from his office or the parties
does not agree to the termination of the arbitrator.
5. What is the applicable rule on substitute arbitrator?
Answer: The applicable rule on substitute arbitrator is
that the rule that is followed or was taken on the
appointment of the arbitrator being replaced.
6. TRUE or FALSE. The parties may agree on the
revocation or termination of the arbitrators mandate.
Answer: TRUE
7. What is the purpose of allowing a challenge of an
arbitrator?
To foster confidence of the parties in the arbitral
process and in the fairness of the arbitration.
8. When challenge is not successful, the challenge shall
be filed as a petition with the RTC. What shall the
petition state?

ADR 2B

Page 8

a. name of the challenged arbitrator and his


address
b. ground/s for the challenge
c. the facts showing that the ground of the
challenge has been expressly or impliedly
rejected by the challenged arbitrator
d. the facts showing that the Appointing Authority
failed or refused to act on the challenge.
9. What is the significance of a court intervention?
To avoid unnecessary waste of time and delay.
10. T or F. Court intervention pursuant to Article 13 (3) is
mandatory.
True.
11.
Give the two instances when the challenged
arbitrator will yield to the challenge and voluntarily step
down.
a. if it is made by one party and the other party
agrees to the challenge.
b. the two other arbitrators agree to his/her
removal.
12. A German court held that this test generally
corresponds to the test applicable to the disqualification
of judges under local law. What is this test?
justifiable doubts as to arbitrators impartiality
and independence test.
13. When challenge is unsuccessful, who may the
aggrieved party request to rule on the challenge?
Appointing Authority.

14. What are the general guidelines on the selection of


an arbitrator when the appointment is to be made by the
appointing
authority?
a. those required of the arbitrator by the agreement of
the
parties
b.
independence
and
impartiality
c. nationality other than that of the parties if the arbitrator
to be appointed is a sole arbitrator or third arbitrator

15. In case of arbitration with three arbitrators, when


may an appointing authority appoint an arbitrator?
a. when a party fails to appoint the arbitrator within 30
days of receipt of a request to do so from the other party
b. if the two arbitrators fail to agree on the third arbitrator
within 30 days of their appointment

16. Under an appointment procedure agreed upon by


the parties, when will a party request a court or other
authority to take necessary measure to appoint
arbitrator?
a. when a party fails to act as required under the
appointment
procedure
b. when the parties, or two arbitrators, are unable to
reach
an
agreement
expected
of
them
c. when a third party, including an institution, fails to
perform any function entrusted to it under the
appointment procedure

17. How will multiple claimants or multiple respondents


appoint an arbitrator so that they will be equally
represented
in
an
arbitral
tribunal?
The multiple claimants or multiple respondents shall
jointly nominate an arbitrator.

18. Under the ADR Act, who may act as an appointing


authority?
a. the person or institution selected by the parties as
their
appointing
authority
b. the regular arbitration institution under whose rules
the
arbitration
is
to
be
conducted
c. the National President of the Integrated Bar of the
Philippines or his duly authorized representative when
the
arbitration
is
ad
hoc
d. the appropriate Regional Trial Court when the
appointing authority fails or refuses to appoint an
arbitrator

19. Who are the arbitrators that may be appointed by an


appointing
authority?
a.
an
arbitrator
for
a
party
b.
the
third
arbitrator
c. a sole arbitrator

20. When the appointing authority designated by law


fails or refuses to appoint an arbitrator, where may a
party file a petition praying for the court to exercise its
power
as
appointing
authority?
A party may file a petition in the Regional Trial Court (a)
where the place of business of any of the parties is
located; (b) where any of the parties, if they are
individuals, reside; or (c) in the National Capital Region.

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Page 9

GROUP 6
1. What is the courts action on a request brought
before it in a matter which is the subject of an
arbitration agreement?
The court shall refer the parties to
arbitration unless it finds that the
agreement is null and void, inoperative
or incapable of being performed (Art. 8,
Model Law).
2. How may an arbitral tribunal rule on a plea that
the arbitral tribunal does not have jurisdiction?
The arbitral tribunal may rule on a plea
either as a preliminary question or in an
award on the merits.
3. It is the existence of a valid arbitration
agreement binding between the parties that
gives an arbitral tribunal the jurisdiction to hear
and decide the dispute between them.
TRUE.
4. How may a party oppose a motion for the court
to refer the parties to arbitration?
A party may submit an opposition or
comment on the motion alleging that:
(1) There is no agreement to refer the
dispute to arbitration;
(2) The arbitration agreement is null
and void;
(3) The subject-matter is not capable of
settlement
or
resolution
by
arbitration pursuant to Section 6 of
the ADR Act.
5. What are the three specific situations when the
court may be called upon to decide the issue of
existence and validity or enforceability of an
arbitration agreement?
(1) When a party commences a civil action
concerning a matter which is the subject of
an arbitration agreement;
(2) When a special proceeding under Rule 3 of
the Special ADR Rules is submitted to a
court for determination at any time prior to
the commencement of arbitration; and
(3) Other situations where the issue of
competence of an arbitral tribunal is raised
before the court, including issues concerning
the validity or enforceability of the arbitration
agreement.
6. The issue of jurisdiction of an arbitral tribunal
must be brought before the submission of
motion to dismiss.
TRUE

7. If the contract is declared void, the arbitration


agreement is also necessarily void.
FALSE
8.11. The special ADR Rules direct the court not to
refuse to refer the parties to arbitration, what are
the reasons? Give four (4).
(1) The referral tends to oust a court of its
jurisdiction;
(2) the court in a better position to resolve the
dispute subject of arbitration;
(3) the referral would result in multiplicity of
suits;
(4) the arbitration proceedings has not
commenced;
(5) the place of arbitration is in a foreign
country;
(6) one or more of the issues are not legal or
one or more of the arbitrators are not
lawyers;
(7) one or more of the arbitrators are not
Philippine nationals ;
(8) one or more of the arbitrators are alleged
not to possess the required qualification
under the arbitration agreement law.
12. What are the grounds to challenge the competency
of the arbitral tribunal?
(1) Upon the non-existence or invalidity of the
arbitration agreement;
(2) upon the nullity of the contract the breach of
which has resulted in the dispute submitted
to arbitration; and
(3) upon other grounds not specified in the
Model Law Article 16
13. Under model law article 8, what is the meaning of
invalidity?
The meaning of invalidity is "inoperative
or incapable of being performed."
14. When may a court set aside an arbitral award?
If the court finds the following:
(1) the subject matter of agreement is not
capable of settlement by arbitration under
the law of the forum state;
(2) the recognition or enforcement of the award
would be contrary to the public policy of the
forum state.
15. A court, upon being requested to do so, can decide
the issue of validity of the arbitration agreement and
the jurisdiction of the arbitral tribunal.
TRUE
16. When a request is made to refer to arbitration in
disputes which involve a mix of arbitrable and non
arbitrable issues, some courts in other jurisdictions

ADR 2B

Page 10

have decided that arbitration should proceed while


other courts have not.
TRUE
17. When may the issue of jurisdiction of an arbitral
tribunal be raised?
The issue of jurisdiction of an arbitral tribunal
may be raised not later than the filing of the
statement of defense or answer by the respondent
or a motion to dismiss filed by him.
18. A party may file a motion for reconsideration from a
decision of the court and if the court affirms the
arbitral tribunals jurisdiction, that decision shall not
be subject to an appeal or to a petition for certiorari.
TRUE
19. What is the effect if the court is unable to render a
decision on the petition questioning the tribunals
preliminary ruling affirming its jurisdiction?
The petition shall become ipso facto moot and
academic and shall be dismissed by the court.
20. A prima facie determination by the court upholding
the existence, validity, or enforceability of an
arbitration agreement shall be subject to a motion for
reconsideration, appeal, or certiorari.
FALSE
GROUP 7
1) What is an Interim Measure?
Interim measure is any temporary
measure, whether in the form of an
award or in another form, by which, at
any time prior to the issuance of the
award by which the dispute is finally
decided, the arbitral tribunal orders a
party to:
i. Maintain or restore the status
quo pending determination of
the dispute
ii. Take action that would prevent,
or refrain from taking action that
is likely to cause, current or
imminent harm or prejudice to
the arbitral process itself
iii. Provide a means of preserving
assets
out
of
which
a
subsequent award may be
satisfied
iv. Preserve evidence that may be
relevant and material to the
resolution of the dispute
2) True or False: The Arbitral tribunal may request
the party to order any party to take such interim
measures of protection.

FALSE

3) True or False: A party may, without notice to any


other party, make a request for an interim
measure together with an application for a
preliminary order directing a party not to
frustrate the purpose of the interim measure
requested.
TRUE
4) When will the petition for interim measure of
protection be filed?
Before arbitration is commenced
After arbitration is commenced but
before the constitution of the arbitral
tribunal
Even after the constitution of an arbitral
tribunal and any time during the arbitral
proceedings
5) What are the grounds for granting interim relief?
The need to prevent irreparable injury
The need to provide security for the
performance of any obligation
The need to produce or preserve
evidence
The need to compel any appropriate act
or omission
6) What is the purpose of preliminary orders?
To direct a party not to frustrate the
purpose of the interim measure
requested
7) Ex parte preliminary order may be granted
when?
Ex parte preliminary order may be
granted when the petitioner alleges in
the petition that there is an urgent need
to either:
i. Preserve property
ii. prevent the respondent from
disposing or concealing the
property
iii.
Prevent the relief prayed for
from becoming illusory because
of prior notice
iv. Court finds that the reason
given by the petitioner are
meritorious
8) True/False: The arbitral tribunal may only grant a
preliminary order if it considers that there is a
reasonable basis for concern that the purpose of
the requested interim measure will be frustrated
before all parties can be heard.
TRUE

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Page 11

9) True/False: The arbitral tribunal may modify,


suspend or terminate an interim measure or a
preliminary order it has granted, upon
application of any party or, in exceptional
circumstances and upon prior notice to the
parties, on the arbitral tribunals own initiative.
TRUE
10) True/False: The arbitral tribunal may require the
party requesting an interim measure to provide
appropriate security in connection with the
measure.
TRUE
11) How many days is the validity of an ex parte
temporary order of protection?
20 days
12) Who is liable for any costs and damages caused
by the measure or order to any party if the
arbitral tribunal later determines that, in the
circumstances, the measure or the order should
not have been granted.
The party requesting the interim
measure or applying for a preliminary
order.
13) True/False: The arbitral tribunal may require any
party promptly to disclose any material change
in the circumstances on the basis of which the
measure was requested or granted.
TRUE
14) True/False: A security/bond to answer for any
damages that respondent may suffer as a result
of the order be posted within 5 days.
TRUE

15) May the relief granted by the court before an


arbitral tribunal is constituted be set aside or be
modified by the arbitral tribunal thereafter?
YES, based on Sec. 28 of the ADR Act
and Rule 5.13 of Special ADR Rules
16) May a Philippine court enforce an interim order
issued by a foreign arbitral tribunal?
General Rule: No
Exception to the Gen. Rule: Yes, if the
interim order is in the form of an arbitral
award that is final
17) An interim measure issued by an arbitral tribunal
shall be recognized as binding irrespective of
the country in which it was issued.
TRUE
18) What are the grounds for refusing recognition or
enforcement?

Recognition or enforcement of an
interim measure may be refused only at
the request of the party against whom it
is invoked if the court is satisfied that:
i
Such refusal is warranted
ii
The arbitral tribunals decision
with respect to the provision of
security in connection with the
interim measure issued by the
arbitral tribunal has not been
complied with; or
iii
The interim measure has been
terminated or suspended by the
arbitral tribunal or by the court of
the State in which the arbitration
takes place or under the law of
which that interim measure was
granted; or
Recognition or enforcement of an
interim measure may be refused only if
the court finds that:
(i)
The
interim
measure
is
incompatible with the powers
conferred upon the court unless
the court decides to reformulate
the interim measure to the
extent necessary to adapt it to
its own powers and procedures
for the purposes of enforcing
that interim measure and
without modifying its substance;
or
(ii)
(ii) Any of the grounds set forth
in article 36(1)(b)(i) or (ii), apply
to
the
recognition
and
enforcement of the interim
measure.

If the parties hold their hearings in the


Philippines although the place of arbitration is
outside, the award would be considered as
Foreign Arbitral Awards.
TRUE
3. Enumerate the importance of the place of
arbitration.
Determines:
Extent of involvement of national
courts in the conduct of arbitration
Enforceability of arbitral award
Mandatory Procedural Rules that
you will have to adhere in the
conduct of arbitral proceedings.
4. When do arbitral proceedings commence?
Arbitral proceedings commence on the
date on which a request for that dispute
to be referred to arbitration is received
by the respondent.
5. TRUE OR FALSE
Parties are free to choose arbitration rules
according to their specific requirements and
needs.
TRUE

6. TRUE OR FALSE
If the parties failed to agree on the rules of
procedure, the arbitral tribunal may conduct the
arbitration in any way the latter chooses to do so.
FALSE

19) The court where recognition or enforcement is


sought shall not, in making that determination,
undertake a review of the substance of the
interim measure.
TRUE

7. Give 2 set of rules of procedure that can be


chosen by the parties.
INTERNATIONAL STANDARD RULES
FOR ARBITRATION
RULES FOR AD HOC ARBITRATION

20) A court and an arbitral tribunal have the same


power of issuing an interim measure in relation
to arbitration proceedings.
TRUE

8. TRUE OR FALSE
The Court is allowed to intervene or interfere only
before the place of arbitration has been
determined.
FALSE

GROUP 8
1. Enumerate 3 minimal requirements for a fair
hearing.
Adequate notice
Hearing on evidence
Impartial Decision
2. TRUE OR FALSE

ADR 2B

9. Under the special ADR rules, when may a petition


for judicial determination concerning the
existence, validity or enforceability of an
agreement be filed?
MAY BE FILED AT ANY TIME PRIOR TO
THE
COMMENCEMENT
OF
ARBITRATION
10. TRUE OR FALSE

Page 12

In international arbitration conducted in the


Philippines, a party may be presented by any
person of his choice.
TRUE
11. Enumerate 3 instances wherein a party is declared in
default.
Unless otherwise agreed by the parties, if
without showing sufficient cause:
a. the claimant fails to communicate his
statement of claim in accordance with
paragraph (a) Article 4.23 (Statement of
Claim and Defense)
b. the respondent fails to communicate
his/her/its statement of defense in
accordance with paragraph (a) Article
4.23 (Statement of Claim and Defense)
c. any partys fails to appear at a hearing
or to produce documentary evidence

19. TRUE OR FALSE


Unless otherwise agreed by the parties, either party may
amend or supplement his/her claim or defense during
the course of the arbitral proceedings, unless the arbitral
tribunal considers it inappropriate to allow such
amendment having regard to the delay in making it.
TRUE

12. What is the effect when a claimant fails to


communicate his statement of claim?
The arbitral tribunal shall terminate the
proceedings

GROUP 9
1. Types of awards:
Final (final determination of the claims)
Interim (non-final)
Interlocutory or partial (non-final)
2. When shall the arbitral tribunal issue an order
for the termination of the arbitral proceeding?
(a) the claimant withdraws his claim,
unless the respondent objects thereto
and the arbitral tribunal recognizes a
legitimate interest on his part in
obtaining a final settlement of the
dispute;
(b) the parties agree on the termination
of the proceedings;
(c) the arbitral tribunal finds that the
continuation of the proceedings has for
any other reason become unnecessary
or impossible.

13. What is the effect when a party fails to appear at a


hearing or to produce documentary evidence?
The arbitral tribunal may continue the
proceedings and make the award on the evidence
before it.
14. TRUE OR FALSE
The arbitral tribunal or a party with the approval of the
arbitral tribunal may request from a court of the
Philippines assistance in taking evidence.
TRUE
15. Enumerate the contents of a statement of claim.
a. facts supporting his/her/its claim,
b. the points at issue
c. the relief or remedy sought
16. TRUE OR FALSE
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.
TRUE
17. TRUE OR FALSE
The expert may, after delivery of his/her written or oral
report, participate in a hearing even if the arbitral tribunal
considers it unnecessary.
FALSE
18. TRUE OR FALSE
The arbitral tribunal shall have the power to require any
person to attend a hearing as a witness.
TRUE

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Page 13

20. Enumerate the powers of the arbitral tribunal as to


the taking or production of evidence.
a. power to require any person to attend a hearing
as a witness by means of a subpoena
b. power to require production of documents when
the relevancy of the testimony and the
materiality thereof has been demonstrated to it.
c. power to require the retirement of any witness
during the testimony of any other witness.

3. Enumerate the kinds of errors that may be


corrected
Computation
Clerical
Typographical errors
Other similar nature
4. What is Depacage?
Depecage: right of parties to select
different laws for different part of relationships
5-6. Give the English Translation and the Legal
meaning
Ex aequo et bono
o (Latin for "according to the right and
good"
or
"from
equity
and
conscience")
o it refers to the power of the arbitrators
to dispense with consideration of the
law and consider solely what they

consider to be fair and equitable in the


case at hand
7. Give legal meaning
Amiable compositeur
o Author of friendly compromise
o acts as a mediator in a dispute
between subjects of international law
8-9. Distinction of Ex aequo et bono and
Amiable compositeur
Ex aequo et bono permits to disregard
even mandatory provision of substantive law if a
strict legal approach would lead to an
inequitable result, while amiable compositeur
generally does not allow arbitrator to disregard
mandatory provisions of substantive law or
public policy of the forum state
10-11. Basis of arbitral tribunals decision under
Article 28 of Model Law
Wordings and history of the
contracts
Usage of trade applicable to the
transaction
12-13. All matters requiring decision in the
course of the arbitral proceedings shall be made
by the arbitral tribunal. It is sufficient that at least
a majority of the members of the arbitral tribunal
make the decision. Enumerate the exceptions.
When
parties
reserve
to
themselves the right
When parties required that the
decision be made by all the
members
14.15. Give the cases where the arbitral
tribunal may refuse to record a settlement:
If the stipulated settlement is
incompatible with the public
order of the legal system
applicable to the arbitration
In case of suspected fraud, or
illicit or utterly unfair settlement
terms, or
Which may be violation of law,
such as anti-trust laws or
income tax laws or in
furtherance
of
conspiracy
between the parties
May be in conflict with binding
laws or public policy
16-17.
Ways
to
terminate
arbitration
proceedings:
Final award of the arbitral tribunal
By an order of the arbitral tribunal
terminating the arbitration
18-20. True or False

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Page 14

Withdrawal of the claim by the claimant


does not ipso facto terminate the
mandate of the arbitral tribunal. TRUE
The arbitral tribunal may reserve in the
final award or order a hearing to quantify
cost and to determine which party shall
bear the cost or the division thereof as
may be determined to be equitable.
TRUE
Errors may be corrected by arbitral
tribunal moto proprio or upon the
request of at least one party. TRUE

GROUP 10
1. Enumerate the 3 venues where a petition to confirm or
to set aside a Model Law award may be made:
A)
National
Judicial
Capital
Region
B) Place where the arbitration proceedings were
conducted
C) Place where the asset to be attached or levied upon,
or the act to be enjoined is located
2-4. Enumerate the allegations that must be included
within
a
petition.
A) That an arbitrational agreement exists between the
parties
B)
That
an
award
was
made
C) The names of the arbitrators and proof of their
appointment
D) The relief sought which is either to recognize and
enforce
it
or
to
set
it
aside
E) Their addresses of record to show the arbitration is
international
5. Enumerate the allegations that must be stated in a
petition to set aside an arbitral award on the ground that
a
party
was
a
minor
or
an:
A) The other party to arbitration had knowingly entered
into a submission or agreement with the minor or
incompetent
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
6. Enumerate the grounds upon which the Regional Trial
Court may set aside an arbitral award:
A) the award is in conflict with the public policy of the
Philippines
B) the subject-matter of the dispute is not capable of
settlement by arbitration under the law of the Philippines
7-12. Enumerate the grounds which a party in an
arbitration agreement must prove in order for the arbitral
award
to
be
set
aside.
A) a party to the arbitration agreement is incapacitated
B) the agreement is not valid under the law to which the
parties
have
subjected
it
C) the award contains decisions on matters beyond the
scope
of
the
submission
to
arbitration
D) the award deals with a dispute not contemplated by

or not falling within the terms of the submission to


arbitration
E) the composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of
the
parties
F) the party making the application was not given proper
notice of the appointment of an arbitrator
G) the party making the application was not given proper
notice of the arbitral proceedings or was unable to
present his case
13. A Model Law award refers to an award in a domestic
commercial
arbitration
in
the
Philippines.
FALSE.(international commercial arbitration)
14. A party may appeal directly the Model Law award to
the
Court
of
Appeals.
FALSE.(may NOT)
15. The Doctrine of Separability in arbitration agreement
states that the invalidity of the main contract containing
the arbitration agreement does not affect, in principle,
the
validity
of
the
arbitration
agreement.
TRUE
16. The prevailing party may file a petition seeking
recognition and enforcement of a Model Law award
within
10
days
from
its
receipt.
FALSE.(any time after it is received.)
17. (True of False) A stipulation of the parties to an
arbitration agreement that the decision of the arbitrator
shall be final and unappealable would remove the
power of the court to review the arbitration award.
FALSE Final awards are subject to judicial review.
18. (True or False) A final award of an arbitrator may
be immediately executed pending judicial review
because the parties agreed that the decision of the
arbitrator
shall
be
final
and
binding
FALSE-Award cannot be immediately executed if the
party invokes the courts power of judicial review.
19. (True or False) A party may set aside an award
rendered by an arbitrator through appeal, petition for
review
or
a
petition
for
certiorari.
FALSE- the only remedy is to file a petition to set aside
arbitral award based on any of the grounds in questions
20. What is the rule on filing a petition to set aside an
arbitral
award
- The petition must be filed within 3 months from receipt
of award. A petition to set aside the award beyond the 3
month period shall bar the affected party from raising
grounds to resist enforcement.
GROUP 11
1-2. What is the principal aim of the 1958 New york
convention?
The Convention's principal aim is that foreign
and non-domestic arbitral awards will not be
discriminated against and it obliges Parties to
ensure such awards are recognized and
generally capable of enforcement in their

ADR 2B

Page 15

jurisdiction in the same way as domestic


awards.
3-5 . What are the applicable Procedure in recognition
and enforcement of arbitral awards
Proceedings
for
the
recognition
and
enforcement of awards are court proceedings
and the procedural rulesof the country where the
recognition and enforcementis sought.
6. What is the ancillarry aim of the Convention ?
It is to require courts of Parties to give full effect
to arbitration agreements by requiringcourts to
deny the parties access to court in contravention
of their agreement to refer the matter to an
arbitral tribunal.
7. How to become a party
The Convention is open to accession by any
Member State of the United Nations, any other
State which is a member of any specialized
agency of the United Nations, or is a Party to the
Statute of the International Court of Justice
(articles VIII and IX)
8. What is the effect if there is no written agreement in
writing, as stipulated in article II of the New York
Convention?
If there is no written agreement between the
parties, an arbitral award cannot be subject to
the rules of the New York Convention.
9-10 What are the instances for the enforcement of an
award to be refused?
(a) the freedom of a party not to be forced to arbitration
against his will has not been respected by the arbitrators
(article V(l)(a) indicates that the arbitration agreement is
not valid in respect of that party in the absence of his
consent)
(b) the equality of the parties in the arbitration
proceeding has been infringed (article V(1)
(d)).
11-14 When does substantive public policy applicable
under the UNCITRAL?
a] Where the decision was incompatible with the
fundamental aspect of justice.
b] Incorrect interpretation of contractual clauses
c] Erroneous qualifications of legal relationships
d] Weighing of evidence or rejections of requests for
examining evidence.
15. What is the time limit for starting setting aside
proceedings?
The time limit only starts to run when the award
has been received by the party seeking the
setting aside of the award, either by conveying
the award or a copy of it to that party or by

reading it to the party.


16. What are the necessary documents that the party
need to present in applying for the enforcement of an
award?
The party relying on an award or applying for its
enforcement shall supply the original award or a
copy thereof
17. What is the remedy If the award or agreement is
not made in an official language of the State?
The party shall supply a duly certified translation
thereof into such language.
18-19 What law determines
recognition and
enforcement of the award?
Whether a decision by an arbitral tribunal
constitutes an arbitral award is determined
primarily on the basis of the law of the State
where recognition and enforcement is sought,

ADR 2B

Page 16

according to several court decisions.The fact


that an arbitral award has been confirmed by a
judgment in the jurisdiction where the award was
made, does not exclude the enforcement of the
award.
20. Who has jurisdiction to hear the hear an application
for award under under article 35 UNCITRAL?
The court where an application is lodged must
have jurisdiction to hear the case.The courts
power under article 35 is limited to decide
whether the award will be recognized and
enforced in its own jurisdiction, and cannot
extend to the setting aside of an award