POINTERS TO REVIEW IN ALTERNATIVE

DISPUTE RESOLUTION
I. Procedures on Arbitration Process (Procedures to adapt when
the arbitrator cannot make a definitive ruling?)
II.

Disclosure (What matters are to be disclosed to the parties?)

- Arbitrators are required to disclose prior contacts and
relationships. Hence, involves the requirement that
arbitrators are impartial and independent. It is also
important to note that arbitrators may be removed not
necessarily because the relationship is a ground for
inhibition but because of the failure to disclose.

- Matters touching on relationships and events, other than
casual, that are related to the arbitration; the parties to the
arbitration, including directors, important officers and
significant stockholders; the other arbitrators, party
representatives (or counsel for the parties), even important
witnesses.
- in case of doubt, the unwritten rule is to disclose

III.

Party Autonomy vs Statutory Arbitration

- Party autonomy is a choice of law doctrine that permits
parties to choose the law of a particular country or
sovereignty to govern their contract that involves two or
more jurisdictions.
- On the other hand, statutory arbitration pertains to

matters that are ordered in more or less detail by a

statute. Unlike in party autonomy, statutory arbitration
does not require agreement but a stipulation to
commence to arbitration.
IV. Classification of Courts which intervene in the Arbitration
V.

Cognizance of International Arbitration agreement /awards

outside the Philippines

VI. Issues as to the appointing authority in arbitration in the

presence or absence of a provision in the arbitration
agreement (Who can appoint?)
VII. Basis of right not to be appointed as an arbitrator
VIII. Crafting the Arbitration Procedure
- In arbitration, it is the parties that craft the procedure.
However, Model Law 19(2) allows an alternative for the
tribunal to craft the procedure in case such agreement fails.
- Since arbitration allows the parties to control many more
aspects of the dispute resolution process than the
traditional litigation, drafting precise arbitration clauses
would help parties to achieve such specific proceeding as
on how theyd want it to occur. In line with this, the
following topics are fundamental to prepare an
arbitration provision that captures the intent of the
parties and avoids needless litigation and costs:

1. Conditions Subsequent to the Arbitration
- Beneficial to require the parties to comply with
certain requirements before a formal demand for

arbitration is made.
2. Seat of Arbitration
- To be able to understand the specific rules and
practices of potential forums, which will govern how
the arbitration will proceed.
3. Timing Provisions
- Parties can agree the time frame of the arbitration.
4. Quality and Number of Arbiters
- Parties can agree beforehand the number and
qualifications of the arbiters participating in the
arbitration.

5. Confidentiality
- As opposed to court filings, arbitrations are conducted
outside the public record thus allowing for greater
confidentiality.

6. Language
7. Domestic or International
- Some countries have specific laws that deal with
domestic vs. international categorization of arbitrations,
and this can have a significant effect on both the process
and outcome of the arbitration.

8. Costs and Attorneys Fees
- Allocation is at the discretion of the arbiter or the
arbitration tribunal.

9. Concurrent, Subsequent and Final Proceedings
- A well-drafted arbitration clause should be understood
as the exclusive or final resolution of a dispute. While
there are inherent risks and costs in any transaction,
these can be lessened if parties take the small affirmative

step of preparing detailed arbitration provisions.

IX. Schedule of fees
X.

Parties failed to attend preliminary conference; refuse to

sign the Terms of Reference (TOR). (Under the ICC
Arbitration as counsel for the corporation what are the steps
to take if you want to continue or go on with the arbitration
process?)

XI. Rules of confidentiality

XII. If theres no disclosure
- It is also important to note that arbitrators may be
removed not necessarily because the relationship is a
ground for inhibition but because of the failure to disclose.
XIII. Non-lawyer serving as arbitrator
XIV. Remedies when the client avoid arbitration (whether or not
arbitration process in pathological?)

XV. What to do if the tribunal rule that it has no jurisdiction?

XVI. Suspension of arbitration during the pendency of a prior
case
XVII.

Independent autonomy of panel of arbitrators.

XVIII.

May the party/parties withdraw the arbitrators

appointment? (Grounds for disqualification)

XIX. What to do when the arbitrator does not understand the
legal basis/law of the contract?
XX. What the arbitrator should do if there are two wrong legal
theories?
AA