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Atty. Fajarito
GROUNDS FOR REFUSING RECOGNITION AND PROCEDURE FOR RECOGNITION OF CONVENTION AND AS—IN 4. Rejection/suspension
CONVENTION AWARDS 5. Appeals
In general, the conditions and requisites for the recognition and enforcement of foreign judgment in the PH are: LEGAL EFFECTS OF NON-CONVENTION AWARDS
1. Proof of the foreign judgment Non-convention awards, unless they qualify to be as-in convention awards, are not entitled to recognition or
2. The judgment must be on a civil or commercial matter enforcement under the ADR act.
3. There must be no lack of jurisdiction, no want of notice, no collusion, no fraud, no clear mistake of
law or fact CHAPTER 6: DOMESTIC ARBITRATION
4. The judgment must not contravene a sound and established public policy of the forum
5. The judgment must be res judicata in the state that rendered it DOMESTIC ARBITRATION
If conducted in the PH
The ADR act and its IRR prescribe a slightly different set of conditions and requirements for the recognition of If the components of parties’ place of business, place of arbitration, place of performance of a
foreign arbitral awards, including foreign ICA awards, the application of which depend upon the nature of the substantial part of the obligation, and place where the subject matter of the dispute is most closely
proceedings leading to the award, i.e., convention awards, non-convention award, and as-in convention award. connected, are all located in the PH
Or if there is a finding from the court that: Written communications and pleadings intended for a party represented by counsel, should be addressed to his
1. The subject of the dispute is not capable of settlement under the laws of the PH counsel.
2. The award is in conflict with the public policy of the PH
The use of electronic mail, facsimile transmission or other electronic means is permitted as long as there is a
In the case of an as0in convention awards, the applicant shall additionally present proof of comity and reciprocity record of the sending and receipt of the communication at the recipient’s mail box, and such electronic
between the PH and the non-convention state where the arbitral award was rendered. communication shall be deemed to have been received on the same date of its transmittal.
- Any other ground shall be disregarded by the court
WAIVER OF OBJECTIONS
PROCEDURE FOR RECOGNITION OF CONVENTION AND AS-IN CONVENTION AWARDS A party may be estopped from questioning non-compliance or is deemed to have waived his objection thereto if
1. Filing of application he fails to raise the objection without delay or within the time prescribed therefor 30 days if no period is
2. Recognition prescribed, provided he knows of such non-compliance.
3. Consolidation/concurrent hearings
© Celyn Palacol
ADR | Robeniol 2
Atty. Fajarito
The demand for arbitration shall be in any form and shall: The parties may agree in writing to either:
- State the name, address and description of each of the parties (i) Waive the presumption disqualifying circumstance
- The description of the nature and circumstances of the dispute giving rise to the claim (ii) Declare the office of such arbitrator vacant and appoint a substitute arbitrator in the same
- The relief sought including the amount of the claim manner as to the original appointment
- The relevant agreements including the arbitration agreement, a copy of which shall be attached
Where the presumptive evidence of bias consists of prior professional or financial dealings with a party or his
The default rule in the case of international commercial arbitration is that it is commenced on the date on which counsel, the arbitrator shall disclose such fact to the parties and shall respond promptly and in good faith to
a request for the dispute to be referred to arbitration is received by the respondent, while that for domestic questions from a party regarding the nature, extent and age of such dealings.
arbitration where there is no prior arbitration agreement is reckoned from the date when the other party agreed
to submit the dispute to arbitration. PROCEDURE FOR THE CHALLENGE:
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© Celyn Palacol
ADR | Robeniol 3
Atty. Fajarito
6. Decision
7. Form and content of the award
8. Settlement
9. Termination of proceedings
a. Withdrawal of the claim
b. The agreement of the parties
c. The proceeding has become unnecessary or impossible
d. Non-payment of the required deposits in full
INTERIM MEASURES
The parties in a domestic arbitration may seek from the arbitrator or arbitral tribunal interim measures including
preliminary injunction, appointment of receivers, detention of property, and preservation and inspection thereof.
Either party may also secure assistance from the courts for the implementation of interim measures.
The same procedure as in international commercial arbitration obtains from interim measures.
MULTI-PARTY ARBITRATION
The arbitral tribunal is empowered to implement procedural modifications as it shall deem appropriate to
address the complexities of the multi-party arbitration.
© Celyn Palacol