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23 Confirmation of award. At any time within one
month after the award is
made, any party to the
controversy
which
was
arbitrated may apply to the
court having jurisdiction, as
provided in section twentyeight,
for
an
order
confirming the award; and
thereupon the court must
grant such order unless the
award is vacated, modified
or corrected, as prescribed
herein.
Notice
of
such
motion must be served upon
the adverse party or his
attorney as prescribed by
law for the service of such
notice upon an attorney in
action in the same court.

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40 Confirmation of Award. The confirmation of a
domestic arbitral award
shall be governed by
Section 23 of R.A. 876.

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A domestic arbitral award


when confirmed shall be
enforced in the same
manner
as
final
and
executory decisions of the
Regional Trial Court.
The confirmation of a
domestic award shall be
made by the regional trial
court in accordance with
the Rules of Procedure to
be promulgated by the
Supreme Court.
A CIAC arbitral award need
not be confirmed by the
regional trial court to be
executory
as
provided
under E.O. No. 1008.

24 Grounds
for
vacating
award. - In any one of the
following cases, the court
must
make
an
order
vacating the award upon the
petition of any party to the
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41 Vacation Award. - A party


to a domestic arbitration
may question the arbitral
award with the appropriate
regional trial court in
accordance with the rules
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*3 Application for setting


4 aside
as
exclusive
recourse
against
arbitral award:
(2) An Arbitral award may
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controversy when such party
proves affirmatively that in
the arbitration proceedings:
(a)
The
award
was
procured by corruption,
fraud, or other undue
means; or
(b)
That
there
was
evident
partiality
or
corruption
in
the
arbitrators or any of
them; or

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of
procedure
to
be
promulgated
by
the
Supreme Court only on
those grounds enumerated
in Section 25 of Republic
Act No. 876. Any other
ground raised against a
domestic arbitral award
shall be disregarded by the
regional trial court.

(c) That the arbitrators


were guilty of misconduct
in refusing to postpone
the
hearing
upon
sufficient cause shown, or
in
refusing
to
hear
evidence pertinent and
material
to
the
controversy; that one or
more of the arbitrators
was disqualified to act as
such under section nine
hereof,
and
wilfully
refrained from disclosing
such disqualifications or
of any other misbehavior
by which the rights of any
party
have
been
materially prejudiced; or
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be set aside by the court


specified in article 6 only
if:
(a) the party making the
application furnishes proof
that:
(i)
a
party
to
the
arbitration
agreement
referred to in article (7)
was
under
some
incapacity; or the said
agreement is not valid
under the law to which
the
parties
have
subjected it or, failing any
indication thereon, under
the law of this State; or
(ii) the party making the
application was not given
proper notice of the
appointment
of
an
arbitrator or of the arbitral
proceedings
or
was
otherwise
unable
to
present his case; or
(iii) the award deals with a
dispute not contemplated
by or not falling within the
terms of the submission
to arbitration, or contains

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(d) That 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.

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decisions
on
matters
beyond the scope of the
submission to arbitration,
provided that, if the
decisions
on
matters
submitted to arbitration
can be separated from
those not so submitted,
only taht of the award
which contains decisions
on matters not submitted
to arbitration may be set
aside; or

Where an award is vacated,


the court, in its discretion,
may direct a new hearing
either before the same
arbitrators or before a new
arbitrator or arbitrators to
be chosen in the manner
provided in the submission
or contract for the selection
of the original arbitrator or
arbitrators,
and
any
provision limiting the time in
which the arbitrators may
make a decision shall be
deemed applicable to the
new arbitration and to
commence from the date of
the court's order.

(iv) the composition of the


arbitral tribunal or the
arbitral procedure was not
in accordance with the
agreement of the parties,
unless such agreement
was in conflict with a
provision of this Law from
which the parties cannot
derogate, or, failing such
agreement, was not in
accordance with this law;
or

Where the court vacates an


award, costs, not exceeding
fifty
pesos
and
disbursements
may
be
awarded to the prevailing
party and the payment
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(b) the court finds:


(i) the subject matter of
the dispute is not capable
of
settlement
by
arbitration under the law
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thereof may be enforced in


like manner as the payment
of costs upon the motion in
an action.

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of this State; or
(ii) the award is in conflict
with the public policy of
this State.

25 Grounds for modifying or 17 Motion for correction of 45 Rejection of a Foreign


correcting award. - In any .1 final award- Any of the
Arbitral Award. - A party
one of the following cases,
parties may file a motion
to a foreign arbitration
the court must make an
for correction of the Final
proceeding may oppose an
order
modifying
or
award within 15 days from
application for recognition
correcting the award, upon
receipt thereof upon any
and enforcement of the
the application of any party
of the following grounds:
arbitral
award
in
to the controversy which
accordance
with
the
was arbitrated:
a. An
evident
procedural rules to be
miscalculations
of
promulgated
by
the
(a) Where there was an
figures,
a
Supreme Court only on
evident miscalculation of
typographical
or
those grounds enumerated
figures, or an evident
arithmetical error;
under Article V of the New
mistake in the description
York Convention. Any other
of any person, thing or
b. An evident mistake in
ground raised shall be
property referred to in the
the description of any
disregarded by the regional
award; or
party, person, date,
trial court.
amount,
thing
or
(b) Where the arbitrators
property referred to in
have awarded upon a
the award;
matter not submitted to
them, not affecting the
c. Where the arbitrators
merits of the decision
have awarded upon a
upon
the
matter
matter not submitted
submitted; or
to them, not affecting
the merits of the
(c) Where the award is
decision
upon
the
imperfect in a matter of
matter submitted;
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*3 Correction
and
3 interpretation
of
award;
additional
award
(1)Within thirty days of
receipt of the award,
unless another period
of time has been
agreed upon by the
parties;
(a) A party, with notice
to the other party,
may
request
the
arbitral tribunal to
correct in the award
any
errors
in
computation,
any
clerical
or
typographical errors
or any errors of
similar nature;
(b)If so agreed by the
parties, a party, with
notice to the other
party, may request
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form not affecting the


merits of the controversy,
and if it had been a
commissioner's
report,
the defect could have
been
amended
or
disregarded by the court.

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d. Where the award is


imperfect in a matter
of form not affecting
the merits of the
controversy.

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the arbitral tribunal
to
give
an
interpretation of a
specific point or part
of the award.
If the arbitral tribunal
considers the request to
be justified, it shall make
a correction or give the
interpretation within 30
days of receipt of the
request.
The
interpretation shall form
part of the award.

The order may modify and


correct the award so as to
effect the intent thereof and
promote justice between the
parties.

(2)The arbitral tribunal


may correct any error
of the type referred to
in paragraph (1) (a) of
this article on its own
initiative within 30
days of the date of the
award.
(3)Unless
otherwise
agreed by the parties,
a party, with notice to
the other party, may
request, within thirty
days of receipt of the
award, the arbitral
tribunal to make an
additional award as to
claims presented in
the
arbitral
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proceedings
but
mitted
from
the
award, if the arbitral
tribunal considers the
request to be justified,
it shall make the
additional
award
within sixty days.
(4)The arbitral tribunal
may
extend,
if
necessary, the period
of time within which it
shall
make
a
correction,
interpretation or an
additional
award
under paragraph (1) or
(3) of this article.

*1 Execution/enforcement of
8. awards as soon as a
5 decision, order or final
award
has
become
executory, the Arbitral
Tribunal shall, with the
concurrence of CIAC, motu
proprio or on motion of
the prevailing party issue
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*4 Recognition and
3 Enforcement of Foreign
Arbitral Awards Not
Covered by the New
York Convention. - The
recognition and
enforcement of foreign
arbitral awards not covered
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(5)The
provisions
of
article 31 shall apply
to a correction or
interpretation of the
award
or
to
an
additional award.
*3 Recognition and
5 enforcement
(1)An arbitral award,
irrespective of the
country in which it
was made, shall be
re3cognized
as
binding, and, upon
application
in
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a
writ
of
execution
requiring any sheriff or
proper officer to execute
said decision, order or
final award.
18.5.1 the writ of
execution shall direct the
sheriff or other officer to
conduct
the
sale
of
property on execution in
accordance with Section
15 of Rule 39 of the Rules
of Court. In the case of
sale of real property or
personal
property
not
capable
of
manual
delivery, the auction sale
shall be held at the office
the sheriff serving the
writ.
Upon the proper
application by the sheriff,
with notice to the parties,
CIAC may authorize the
sale to be held in the
place where the property
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Convention shall be done in
accordance with procedural
rules to be promulgated by
the Supreme Court. The
Court may, grounds of
comity and reciprocity,
recognize and enforce a
nonconvention award as a
convention award.

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writing
to
the
competent
court,
shall be enforced
subject
to
the
provisions of this
article and article
36.
(2)The party relying on
an
award
or
applying
for
its
enforcement
shall
supply
the
duly
authenticated
original award or a
duly certified copy
thereof, and the
original arbitration
agreement referred
to in article 7 or a
duly certified copy
thereof.
If the
award or agreement
is not made in an
official language of
this State, the party
shall supply a duly
certified translation
thereof into such
language.
*3 Grounds for refusing
6 recognition or
enforcement
(1)Recognition
enforcement

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of

or
an
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arbitral
award,
irrespective
of
the
country in which it was
made may be refused
only;
a) At the request of
the
party
against
whom it is invoked, if
that party furnishes
to
the
competent
court
where
recognition
or
enforcement
is
sought proof that:
(i)A party to the
arbitration
agreement referred
to in article 7 was
under
some
incapacity; or the
said agreement is
not valid under the
law to which the
parties
have
subjected
it
or,
failing
any
indication thereon,
under the law of
the country where
the
award
was
made; or
(ii)
The
party
against whom the

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award is invoked
was
not
given
proper notice of the
appointment of an
arbitrator or of the
arbitral proceedings
or was otherwise
unable to present
his case; or
(iii)
The
award
deals with a dispute
not
contemplated
by or not falling
within the terms of
the submission to
arbitration, or it
contains decisions
on matters beyond
the scope of the
submission
to
arbitration,
provided that, if the
decisions
on
matters submitted
to arbitration can
be separated from
those
not
so
submitted,
that
part of the award
which
contains
decisions
on
matters submitted
to arbitration may
be recognized and
enforced; or

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(iv)
The
composition of the
arbitral tribunal or
the
arbitral
procedure was not
in accordance with
the agreement of
the
parties
or,
failing
such
agreement, was not
in accordance with
the law of the
country where the
arbitration
took
place; or
b) If the court finds that:
(i) The subject matter
of the dispute is not
capable
of
settlement
by
arbitration
under
the law of this
State; or
(ii) The recognition or
enforcement of the
award would be
contrary
to
the
public policy of this
State.
(2)If an application for
setting
aside
or
suspension of an
award
has
been
made to a court
referred
to
in

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paragraph (1) (a) (v)
of this article, the
court
where
recognition
or
enforcement
is
sought may, if it
considers it proper,
adjourn its decision
and may also, on
the application of
the party claiming
recognition
or
enforcement of the
award, order the
other
party
to
provide appropriate
security.

*1 Interim Measures in the 28 Grant of Interim


4. course of the proceedings,
Measure of Protection. 1 the Arbitral Tribunal may,
upon the request of either
(a) It is not incompatible
or both parties or upon its
with
an
arbitration
own
initiative,
issue
agreement for a party to
orders as is necessary to
request,
before
attain
the
following
constitution
of
the
objectives:
tribunal, from a Court an
interim
measure
of
a) To
ensure
the
protection and for the
enforcement of the
Court
to
grant
such
award;
measure.
After
b) To
prevent
constitution of the arbitral
irreparable loss or
tribunal
and
during
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c)

d)
e)
f)

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injury
or
deterioration
of
property;
To minimize or avoid
undue
delays
in
project or contract
implementation;
To provide security
for the performance
of any obligation;
To
produce
or
preserve
any
evidence;
Such
other
measures deemed
by
the
Arbitral
Tribunal
to
be
necessary
to
prevent
a
miscarriage
of
justice or abuse of
rights of any of the
parties.

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arbitral proceedings, a
request for an interim
measure of protection or
modification thereof, may
be made with the arbitral
tribunal or to the extent
that the arbitral tribunal
has no power to act or is
unable to act effectively,
the request may be made
with
the
Court.
The
arbitral
tribunal
is
deemed constituted when
the sole arbitrator or the
third arbitrator who has
been
nominated,
has
accepted the nomination
and
written
communication of said
nomination
and
acceptance
has
been
received by the party
making request.
(b) The following rules on
interim
or
provisional
relief shall be observed:
(1) Any party may
request that provisional
relief
be
granted
against the adverse
party:

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(2) Such relief may be


granted:
(i)
to
irreparable
injury:

prevent
loss or

(ii)
to
provide
security
for
the
performance of any
obligation;
(iii) to produce or
preserve
any
evidence; or
(iv) to compel any
other
appropriate
act or omission.
(3) The order granting
provisional relief may
be conditioned upon
the provision of security
or any act or omission
specified in the order.
(4)
Interim
or
provisional
relief
is
requested by written
application transmitted
by reasonable means to
the Court or arbitral
tribunal as the case
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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
evidence
supporting the request.
(5) The order shall be
binding
upon
the
parties.
(6) Either party may
apply with the Court for
assistance
in
Implementing
or
enforcing an interim
measure ordered by an
arbitral tribunal.
(7) A party who does
not comply with the
order shall be liable for
all damages resulting
from
noncompliance,
including all expenses,
and
reasonable
attorney's fees, paid in
obtaining the order's
judicial enforcement.
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