EN BANC d.

Appointment of Arbitrator;

A.M. No. 07-11-08-SC September 1, 2009 e. Challenge to Appointment of Arbitrator;

SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION f. Termination of Mandate of Arbitrator;

Acting on the recommendation of the Chairperson of the Sub- g. Assistance in Taking Evidence;
Committee on the Rules on Alternative Dispute Resolution
submitting for this Court’s consideration and approval the proposed h. Confidentiality/Protective Orders; and
Special Rules of Court on Alternative Dispute Resolution, the Court
Resolved to APPROVE the same.
i. Deposit and Enforcement of Mediated Settlement
Agreements.
This Rule shall take effect on October 30, 2009 following its
publication in three (3) newspapers of general circulation.
(A) Service and filing of petition in summary proceedings.-The
petitioner shall serve, either by personal service or courier, a copy of
September 1, 2009. the petition upon the respondent before the filing thereof. Proof of
service shall be attached to the petition filed in court.

SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION For personal service, proof of service of the petition consists of the
affidavit of the person who effected service, stating the time, place
PART I and manner of the service on the respondent. For service by courier,
GENERAL PROVISIONS AND POLICIES proof of service consists of the signed courier proof of delivery. If
service is refused or has failed, the affidavit or delivery receipt must
RULE 1: GENERAL PROVISIONS state the circumstances of the attempted service and refusal or
failure thereof.
Rule 1.1. Subject matter and governing rules.-The Special Rules of
Court on Alternative Dispute Resolution (the "Special ADR Rules") (B) Notice.-Except for cases involving Referral to ADR and
shall apply to and govern the following cases: Confidentiality/Protective Orders made through motions, the court
shall, if it finds the petition sufficient in form and substance, send
notice to the parties directing them to appear at a particular time
a. Relief on the issue of Existence, Validity, or
and date for the hearing thereof which shall be set no later than five
Enforceability of the Arbitration Agreement;
(5) days from the lapse of the period for filing the opposition or
comment. The notice to the respondent shall contain a statement
b. Referral to Alternative Dispute Resolution ("ADR"); allowing him to file a comment or opposition to the petition within
fifteen (15) days from receipt of the notice.
c. Interim Measures of Protection;
The motion filed pursuant to the rules on Referral to ADR or
d. Appointment of Arbitrator; Confidentiality/Protective Orders shall be set for hearing by the
movant and contain a notice of hearing that complies with the
e. Challenge to Appointment of Arbitrator; requirements under Rule 15 of the Rules of Court on motions.

f. Termination of Mandate of Arbitrator; (C) Summary hearing. - In all cases, as far as practicable, the
summary hearing shall be conducted in one (1) day and only for
purposes of clarifying facts.
g. Assistance in Taking Evidence;

Except in cases involving Referral to ADR or
h. Confirmation, Correction or Vacation of Award in Confidentiality/Protective Orders made through motions, it shall be
Domestic Arbitration; the court that sets the petition for hearing within five (5) days from
the lapse of the period for filing the opposition or comment.
i. Recognition and Enforcement or Setting Aside of an
Award in International Commercial Arbitration; (D) Resolution. - The court shall resolve the matter within a period of
thirty (30) days from the day of the hearing.
j. Recognition and Enforcement of a Foreign Arbitral
Award; Rule 1.4. Verification and submissions. -Any pleading, motion,
opposition, comment, defense or claim filed under the Special ADR
k. Confidentiality/Protective Orders; and Rules by the proper party shall be supported by verified statements
that the affiant has read the same and that the factual allegations
l. Deposit and Enforcement of Mediated Settlement therein are true and correct of his own personal knowledge or based
Agreements. on authentic records and shall contain as annexes the supporting
documents.
Rule 1.2. Nature of the proceedings.-All proceedings under the
Special ADR Rules are special proceedings. The annexes to the pleading, motion, opposition, comment, defense
or claim filed by the proper party may include a legal brief, duly
verified by the lawyer submitting it, stating the pertinent facts, the
Rule 1.3. Summary proceedings in certain cases.-The proceedings in
applicable law and jurisprudence to justify the necessity for the
the following instances are summary in nature and shall be governed
court to rule upon the issue raised.
by this provision:

Rule 1.5. Certification Against Forum Shopping. - A Certification
a. Judicial Relief Involving the Issue of Existence, Validity or
Against Forum Shopping is one made under oath made by the
Enforceability of the Arbitration Agreement;
petitioner or movant: (a) that he has not theretofore commenced
any action or filed any claim involving the same issues in any court,
b. Referral to ADR; tribunal or quasi-judicial agency and, to the best of his knowledge,
no such other action or claim is pending therein; (b) if there is such
c. Interim Measures of Protection; other pending action or claim, a complete statement of the present

status thereof; and (c) if he should thereafter learn that the same or party at his office, if known, otherwise at his residence, with postage
similar action or claim has been filed or is pending, he shall report fully pre-paid, and with instructions to the courier to immediately
that fact within five (5) days therefrom to the court wherein his provide proof of delivery.
aforementioned petition or motion has been filed.
(C) Filing and service by electronic means and proof thereof. - Filing
A Certification Against Forum Shopping shall be appended to all and service of pleadings by electronic transmission may be allowed
initiatory pleadings except a Motion to Refer the Dispute to by agreement of the parties approved by the court. If the filing or
Alternative Dispute Resolution. service of a pleading or motion was done by electronic transmission,
proof of filing and service shall be made in accordance with the
Rule 1.6. Prohibited submissions. - The following pleadings, motions, Rules on Electronic Evidence.
or petitions shall not be allowed in the cases governed by the Special
ADR Rules and shall not be accepted for filing by the Clerk of Court: Rule 1.9. No summons. - In cases covered by the Special ADR Rules, a
court acquires authority to act on the petition or motion upon proof
a. Motion to dismiss; of jurisdictional facts, i.e., that the respondent was furnished a copy
of the petition and the notice of hearing.
b. Motion for bill of particulars;
(A) Proof of service. - A proof of service of the petition and notice of
hearing upon respondent shall be made in writing by the server and
c. Motion for new trial or for reopening of trial;
shall set forth the manner, place and date of service.

d. Petition for relief from judgment;
(B) Burden of proof. - The burden of showing that a copy of the
petition and the notice of hearing were served on the respondent
e. Motion for extension, except in cases where an ex-parte rests on the petitioner.
temporary order of protection has been issued;
The technical rules on service of summons do not apply to the
f. Rejoinder to reply; proceedings under the Special ADR Rules. In instances where the
respondent, whether a natural or a juridical person, was not
g. Motion to declare a party in default; and personally served with a copy of the petition and notice of hearing in
the proceedings contemplated in the first paragraph of Rule 1.3 (B),
h. Any other pleading specifically disallowed under any or the motion in proceedings contemplated in the second paragraph
provision of the Special ADR Rules. of Rule 1.3 (B), the method of service resorted to must be such as to
reasonably ensure receipt thereof by the respondent to satisfy the
requirement of due process.
The court shall motu proprio order a pleading/motion that it has
determined to be dilatory in nature be expunged from the records.
Rule 1.10. Contents of petition/motion. - The initiatory pleading in
the form of a verified petition or motion, in the appropriate case
Rule 1.7. Computation of time. - In computing any period of time where court proceedings have already commenced, shall include the
prescribed or allowed by the Special ADR Rules, or by order of the names of the parties, their addresses, the necessary allegations
court, or by any applicable statute, the day of the act or event from supporting the petition and the relief(s) sought.
which the designated period of time begins to run is to be excluded
and the date of performance included. If the last day of the period,
as thus computed, falls on a Saturday, a Sunday, or a legal holiday in Rule 1.11. Definition. - The following terms shall have the following
the place where the court sits, the time shall not run until the next meanings:
working day.
a. "ADR Laws" refers to the whole body of ADR laws in the
Should an act be done which effectively interrupts the running of the Philippines.
period, the allowable period after such interruption shall start to run
on the day after notice of the cessation of the cause thereof. b. "Appointing Authority" shall mean the person or
institution named in the arbitration agreement as the
The day of the act that caused the interruption shall be excluded appointing authority; or the regular arbitration institution
from the computation of the period. under whose rule the arbitration is agreed to be
conducted. Where the parties have agreed to submit their
dispute to institutional arbitration rules, and unless they
Rule 1.8. Service and filing of pleadings, motions and other papers in have agreed to a different procedure, they shall be
non-summary proceedings. - The initiatory pleadings shall be filed deemed to have agreed to procedure under such
directly with the court. The court will then cause the initiatory arbitration rules for the selection and appointment of
pleading to be served upon the respondent by personal service or arbitrators. In ad hoc arbitration, the default appointment
courier. Where an action is already pending, pleadings, motions and of arbitrators shall be made by the National President of
other papers shall be filed and/or served by the concerned party by the Integrated Bar of the Philippines or his duly authorized
personal service or courier. Where courier services are not available, representative.
resort to registered mail is allowed.

c. "Authenticate" means to sign, execute or use a symbol,
(A) Proof of filing. - The filing of a pleading shall be proved by its or encrypt a record in whole or in part, intended to
existence in the record of the case. If it is not in the record, but is identify the authenticating party and to adopt, accept or
claimed to have been filed personally, the filing shall be proved by establish the authenticity of a record or term.
the written or stamped acknowledgment of its filing by the clerk of
court on a copy of the same; if filed by courier, by the proof of
delivery from the courier company. d. "Foreign Arbitral Award" is one made in a country other
than the Philippines.

(B) Proof of service. - Proof of personal service shall consist of a
written admission by the party served, or the official return of the e. "Legal Brief" is a written legal argument submitted to a
server, or the affidavit of the party serving, containing a full court, outlining the facts derived from the factual
statement of the date, place and manner of service. If the service is statements in the witness’s statements of fact and citing
by courier, proof thereof shall consist of an affidavit of the proper the legal authorities relied upon by a party in a case
person, stating facts showing that the document was deposited with submitted in connection with petitions, counter-petitions
the courier company in a sealed envelope, plainly addressed to the (i.e., petitions to vacate or to set aside and/or to
correct/modify in opposition to petitions to confirm or to

Where the parties to mediation have agreed in the written . Conversion of a settlement agreement to an arbitral award. under this policy of judicial restraint. One or more of the arbitrators are not Philippine nationals. Rule 2. that The Special ADR Rules recognize the principle of competence- there is sufficient factual basis for the statements of fact competence. for any of the following reasons: f. The court shall exercise the power of judicial review as provided by Where the court is asked to make a determination of whether the these Special ADR Rules. The principal action is already pending before an arbitral possession. When a court is asked to rule cooperation of and the least intervention from the courts. which means that the arbitral tribunal may initially rule stated therein.13. however. as provided of a party’s position in the case. Rule 1. to have their dispute settled through Court-Annexed Mediation. which means that said clause shall be treated as the Special ADR Rules on Specific Court Relief. either before or after the promote the use of ADR. to Court-Annexed Mediation. pursuant to such prima facie determination. the court must make no more than a prima facie determination of that issue. interposed for delay. they may opt d. which it forms part. - No arbitrator shall act as a mediator in any proceeding in which he is f. Prior to the constitution of the arbitral tribunal.3.2. and that existence or validity of the arbitration agreement or any condition the pleading/motion is filed in good faith and is not precedent to the filing of a request for arbitration. a court before which that dispute was brought shall suspend the c. impartial justice. "Verification" shall mean a certification under oath by a a. One or more of the issues are legal and one or more of acting as arbitrator. including any objections with respect to the the law to support the prayer for relief therein. verification shall tribunal. mean a statement under oath by a lawyer signing a pleading/motion for delivery to the Court or to the parties that he personally prepared the pleading/motion. issues and other matters that arise during the course of a case. motions. and that he certifies to arbitration agreement.4. General policies. .1. the Rule 2. the objectives of the Special ADR Rules are to encourage and tribunal in a dispute brought before it. the court must they are expected to abide by it in good faith. insofar as it refers to an agreement independent of the other terms of the contract of arbitration.Part II of arbitration clause. If the parties subsequently agree. the following: Rule 2. or Rule 2. Rules governing arbitral proceedings. . which shall be governed by issuances of the Supreme Court. curb a litigious culture and to de-clog tribunal by allowing the arbitral tribunal the first opportunity to rule court dockets. e. the courts suspend the action before it and refer the parties to arbitration shall not refuse to refer parties to arbitration for reasons including. b. Policy on Arbitration-Mediation or Mediation-Arbitration. courts shall refer the parties to Unless the court. or the truth of the facts stated therein on the basis of his own personal knowledge or authentic documents in his b.(A) Where the parties have agreed to submit their dispute to arbitration. The court is in a better position to resolve the dispute subject of arbitration. including any objection with respect to the existence or arrangements in the resolution of disputes with the greatest validity of the arbitration agreement. as arbitral tribunal is constituted. evidentiary agreement or law. such arbitration agreement is the law between the parties and that inoperative or incapable of being performed.12. the arbitral tribunal may conduct arbitration in the manner it considers appropriate. inoperative or incapable of allowed by law or these Special ADR Rules. the court must exercise judicial an important means to achieve speedy and efficient resolution of restraint and defer to the competence or jurisdiction of the arbitral disputes.5. being performed. Applicability of Part II on Specific Court Relief. the party or a person who has authority to act for a party that court finds that the principal action is the subject of an he has read the pleading/motion. A decision that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. arbitration pursuant to Republic Act No. dispute must take place without the presence of that arbitrator. Conversely. .The Special ADR Rules do not apply a. To this upon issue/s affecting the competence or jurisdiction of an arbitral end. Policy implementing competence-competence principle. courts shall not refuse to grant relief. The referral would result in multiplicity of suits. shall also be applicable to other forms of ADR. Further. Where the parties have agreed to submit their dispute to mediation.6. but not limited to. herein. The place of arbitration is in a foreign country. recognize and enforce. proceedings. Courts shall intervene only in the cases arbitration agreement is null and void. proceedings and direct the parties to submit their dispute to private mediation. 9285 bearing in mind that concludes that the arbitration agreement is null and void. The Special ADR Rules recognize the principle of separability of the Rule 1. . The referral tends to oust a court of its jurisdiction. or petitions to confirm or to h. Failing such agreement. One or more of the arbitrators are alleged not to recognize and enforce in opposition to petitions to vacate possess the required qualification under the arbitration or set aside and/or correct/modify). .7. The legal brief shall state the applicable law and the (B) Where court intervention is allowed under ADR Laws or the relevant jurisprudence and the legal arguments in support Special ADR Rules.. RULE 2: STATEMENT OF POLICIES Rule 2. no mediator shall act as arbitrator in any proceeding in which he acted as mediator. g.It is the policy of the State to actively competence to rule on the issue of whether or not it has the promote the use of various modes of ADR and to respect party competence or jurisdiction to decide a dispute submitted to it for autonomy or the freedom of the parties to make their own decision. pursuant to the arbitration agreement. The arbitration proceeding has not commenced. Policy on mediation. Spirit and intent of the Special ADR Rules. that there is sufficient basis in the facts and on its own jurisdiction. When made by a lawyer. Policy on arbitration. - The arbitral tribunal shall be accorded the first opportunity or Rule 2. particularly arbitration and mediation.The parties are free court shall resolve such matter summarily and be guided by the to agree on the procedure to be followed in the conduct of arbitral spirit and intent of the Special ADR Rules and the ADR Laws. – In situations where no specific rule is provided under the Special ADR Rules. upon such issues. Rule 2. and all negotiations towards settlement of the the arbitrators are not lawyers.

-A prima facie SPECIFIC COURT RELIEF determination by the court upholding the existence. Rule may not be commenced when the existence. . .A petition questioning the existence.13. and b. Grounds. business or residence. a. validity or enforceability of an arbitration agreement shall not be subject to a RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE.6. . appeal or certiorari. Venue. arbitral rules that were applicable for the appointment of arbitrator sought proceedings may nevertheless be commenced and continue to the to be replaced. however.(A) Period for resolving the petition.The petition may be granted when the court Rule 3.The petition may be filed Rule 3. The relief/s sought.16. . petition a copy of the request for arbitration and the ruling of the arbitral tribunal. and petition an authentic copy of the arbitration agreement. to the standard for review for arbitral awards prescribed in agreement may petition the appropriate court to determine any these Special ADR Rules. The relief/s sought. Rule 3. Should the ruling of the arbitral tribunal declining its commencement of arbitration. .14. . The facts showing that the person named as petitioner or respondent has legal capacity to sue or be sued. Comment/Opposition. Venue. Rule 3. validity or enforceability of the arbitration agreement shall no longer be limited to a mere prima A.The petition shall state the following: b. which shall be subject to for an interim measure of protection. prejudice the Rule 3. Contents of petition.2. invalid.10. he must also comply become an arbitral award. . Rule 3.A petition may be granted only if it is shown any of the petitioners or respondents has his principal place of that the arbitration agreement is. the sole arbitrator shall issue the with the requirements of the Special ADR Rules for the application settlement agreement as an arbitral award. Judicial Relief after Arbitration Commences respondent in accordance with Rule 1. Contents of petition. . .9.. the petitioner must attach to the petitioner. . question concerning the existence.Any party to an arbitration however. deferring to the competence or jurisdiction of the arbitral and shall be notified of the progress of the case. the court must exercise judicial restraint in accordance with the policy set forth in The arbitrators shall be impleaded as nominal parties to the case Rule 2. The nature and substance of the dispute between the parties. validity or enforceability of an arbitration agreement has been raised as one of Rule 3.7. VALIDITY AND ENFORCEABILITY OF THE ARBITRATION AGREEMENT Such prima facie determination will not.The the issues in a prior action before the same or another court.17.4 (A). under the applicable law. court shall render judgment on the basis of the pleadings filed and . shall apply only when the place of tribunal or the court in an action to vacate or set aside the arbitral arbitration is in the Philippines.1. The grounds and the circumstances relied upon by the petitioner to establish his position. inexistent or following: unenforceable as a result of which the arbitral tribunal has no jurisdiction to resolve the dispute. whether resorted to before or after enforceability of the arbitration agreement before the arbitral commencement of arbitration.The petition for judicial petition the appropriate court for judicial relief from the ruling of determination of the existence. award. rendition of an award. Rule 3. the court’s review of the arbitral tribunal’s ruling upholding the existence. validity and provided in Rule 3. Relief against court action.-The comment/opposition of the respondent must be filed within fifteen (15) days from service of the In addition to the submissions. validity and within thirty (30) days after having received notice of that ruling by enforceability of an arbitration agreement may be filed before the the arbitral tribunal.15. d. void.4. c. Rule 3. validity and enforceability of such arbitration agreement serving a copy thereof on the B. a.18. Court action. Comment/Opposition. No forum shopping. d. The facts showing that the persons named as petitioner or respondent have legal capacity to sue or be sued.settlement agreement that the mediator shall become the sole Rule 3.Where there is a prima facie PART II determination upholding the arbitration agreement.The comment/opposition must be Rule 3. The grounds and the circumstances relied upon by the Apart from other submissions. Rule 3. Application for interim relief. while the issue is pending before the court.The verified petition shall state the finds that the arbitration agreement is invalid. tribunal to rule on its competence or jurisdiction. enforcement under the law. or where Rule 3. the petitioner shall attach to the petition. When the petition may be filed. Regional Trial Court of the place where any of the petitioners or respondents has his principal place of business or residence. .12. c. . In the latter case. Rule 3.3. . Rule 3.8. .4.11.If the petitioner also arbitrator for the dispute or that the settlement agreement shall applies for an interim measure of protection.5.Any party to arbitration may Rule 3. Who may file petition. unenforceable or inexistent. When petition may be filed. Court action. Grounds. . validity and/or enforceability of an the arbitral tribunal on a preliminary question upholding or declining arbitration agreement may be filed at any time prior to the its jurisdiction.The petition may be filed before the Regional Trial Court of the place where arbitration is taking place. Rule 3. . but shall be a full review of such issue or issues with due regard. motion for reconsideration. Rule 3. Judicial Relief before Commencement of Arbitration facie determination of such issue or issues as prescribed in this Rule. jurisdiction be reversed by the court. The nature and substance of the dispute between the parties. the parties shall be free to replace the arbitrators or any one of them in accordance with the Despite the pendency of the petition provided herein. When judicial relief is available.In resolving the petition.A petition for judicial relief under this filed within fifteen (15) days from service of the petition.The judicial relief right of any party to raise the issue of the existence. Who may file petition. .

and/or (b) the agreement is null and submitted by the parties.The request for referral shall be in Rule 5.1. the movant shall attach to his motion from the time the petition is submitted for resolution.The aggrieved party may file a motion for reconsideration of the order of the court. Where no petition is allowed. . and/or (c) the subject-matter of the dispute is not capable of facie meritorious. that petition shall become ipso facto moot and academic and shall be dismissed by the a. whether contained in an e. the court affirming the arbitral tribunal’s jurisdiction shall not be above. The court may.1.5. The court shall not require the arbitral tribunal to submit any pleadings or written submissions but may consider the c.7. . Otherwise.The request for referral agreement but who agree to such inclusion provided those originally shall be made not later than the pre-trial conference. .The comment/opposition must be (C) When dismissal of petition is appropriate. .After hearing. above. After the pre. (B) No injunction of arbitration proceedings. . not be subject to appeal. The party petition.21. while the agreement at the time the case is filed but the parties subsequently action is pending before the court. based on subject to a petition for certiorari. Referral to arbitration does not appear to be the most prudent action. enter into an arbitration agreement. . if any. Arbitration to proceed. the petition does not appear to be prima void. Relief against court action. Multiple actions and parties. measures of protection.20.The arbitral tribunal is result in multiplicity of suits. the aggrieved party cannot seek judicial relief to Rule 4. and shall not be subject to a motion for reconsideration. making the request shall serve it upon the respondent to give him the opportunity to file a comment or opposition as provided in the Judicial recourse to the court shall not prevent the arbitral tribunal immediately succeeding Rule before the hearing. not be subject to an appeal. issue an order directing the inclusion in Rule 4. the court shall stay the action of the court shall. submitted by the parties. RULE 4: REFERRAL TO ADR d. The decision Rule 4. but may be the subject of a motion for reconsideration and/or a petition for certiorari. Rule 4. an authentic copy of the arbitration agreement.If Rule 4. Contents of request. The ruling of the court that the the pleadings and supporting documents submitted by the parties. Who may ask for interim measures of protection. appeal or certiorari. appeal or a petition for certiorari.Despite the pendency of the action referred to in Rule 4. shall not be subject to a motion for An order denying the request to refer the dispute to arbitration shall reconsideration. . The dismissal shall be without prejudice to the referred to arbitration. or if comment/opposition should show that: (a) there is no agreement to upon consideration of the grounds alleged and the legal briefs refer the dispute to arbitration.The court shall not The request shall contain a notice of hearing addressed to all parties enjoin the arbitration proceedings during the pendency of the specifying the date and time when it would be heard.19. Not all of the parties to the civil action are bound by the arbitration agreement and referral to arbitration would Rule 3. settlement or resolution by arbitration in accordance with Section 6 of the ADR Act. or Rule 4.The court shall filed within fifteen (15) days from service of the petition.22. considering the statement of policy embodied in Rule 2. from continuing the proceedings and rendering its award. The stay of the action would prejudice the rights of the arbitration clause or in a submission agreement.8. When to make request. A ruling by the arbitral tribunal deferring resolution on the issue of its jurisdiction until final award.the evidence. . arbitral tribunal has no jurisdiction may be the subject of a petition that there is an arbitration agreement and that the subject-matter of for certiorari.2. bound by it do not object to their inclusion. Rendition of arbitral award before court decision on petition from arbitral tribunal’s preliminary ruling on jurisdiction. they may request the court to refer their dispute to arbitration at any time during the proceedings. . .4. Rule 3. . . trial conference.If there is no existing arbitration be commenced or continued. No reconsideration. The dismiss the petition if it fails to comply with Rule 3. Not all of the disputes subject of the civil action may be Regional Trial Court. right of the aggrieved party to raise the same issue in a timely petition to vacate or set aside the award. The issues raised in the civil action could be speedily and same should the latter participate in the proceedings. Comment/Opposition. b. the court shall continue with the judicial proceedings. The ruling of and.6.A party to a pending action filed in violation of the arbitration agreement.16 above. . Court action.(A) Where the arbitration arbitration of those parties who are not bound by the arbitration agreement exists before the action is filed.An order question the deferral and must await the final arbitral award before referring the dispute to arbitration shall be immediately executory seeking appropriate judicial recourse.The court shall not decline to the arbitral tribunal renders a final arbitral award and the Court has refer some or all of the parties to arbitration for any of the following not rendered a decision on the petition from the arbitral tribunal’s reasons: preliminary ruling affirming its jurisdiction. Who makes the request. refer the parties to arbitration if it finds prima facie. only a nominal party. and an award may be made. in arbitration. within thirty (30) days Apart from other submissions. RULE 5: INTERIM MEASURES OF PROTECTION Rule 4.Where the arbitral tribunal defers its ruling on preliminary question regarding its jurisdiction until its final award. Rule 3. however. . . arbitral proceedings may nevertheless (B) Submission agreement. however. but only as efficiently resolved in its entirety by the court rather than nominal parties thereto. .A party the form of a motion. the dispute is capable of settlement or resolution by arbitration in accordance with Section 6 of the ADR Act.4. agreement.1. Rule 3. the court will only act upon the request for referral if it is made with the agreement of all parties to the case. . appeal or petition for certiorari. may request the parties to the civil action who are not bound by the court to refer the parties to arbitration in accordance with such arbitration agreement..3. Arbitral tribunal a nominal party. which shall state that the dispute is covered by to an arbitration agreement may petition the court for interim an arbitration agreement. Rule 4.

(b) prevent the respondent from disposing of. any order by the court shall be immediately executory. delivery or inspection of protection. The ex-parte omission.. the court shall motu proprio render judgment only on indicate the nature of the reasons that the court shall consider in the basis of the allegations in the petition that are substantiated by granting the relief: supporting documents and limited to what is prayed for therein.The comment/opposition must be parties to arbitration is located. Where the real property subject of arbitration.After hearing the petition. petition for an interim measure of protection. The need to prevent irreparable loss or injury. it shall issue an immediately executory temporary order of c. and such request is granted. or if constituted. based solely on the petition. arbitral tribunal. day the petition will be heard.4. Where any of the parties who are individuals resides. Venue. and the court finds that over any of the following places: the reason/s given by the petitioner are meritorious. Within that period. are the interim measures of of validity of the ex-parte temporary order of protection for no more protection that a court may grant: than twenty days from expiration of the original period. or (c) obligation. If the respondent requests the court for an extension of the period to file his opposition or comment or to reset the hearing to a later Rule 5. only to Rule 5. c. When to petition. a. but before the constitution of the cannot enforce effectively. Rule 5. Where any of the acts sought to be enjoined are being Rule 5. . the court shall extend the period grant.The following. among others. Dispensing with prior notice in certain cases.5.A petition for an interim measure of e. which must not be beyond the unable to act effectively. Rule 5.The following grounds.8. which has jurisdiction becoming illusory because of prior notice. property. a. A detailed description of the appropriate relief sought. or (c) from termination of the hearing d. threatened to be performed or not being balance the relative interests of the parties and inconveniences that performed. filed within fifteen (15) days from service of the petition. to post a bond to answer for any damage that d. which the latter after arbitration is commenced. or Rule 5. or concealing. the court shall performed. revision or revocation of funds in the custody of a bank or a third person. Detention. at this stage. the petitioner must attach to his petition an authentic copy of the arbitration agreement. is unable to act or would be day specified in the notice. the court finds that there is an urgent need to either (a) preserve property. . Grounds.2. amendment. by an arbitral tribunal. or protection and require the petitioner. a petition for certiorari.Prior notice the extent that the arbitral tribunal has no power to act or is unable to the other party may be dispensed with when the petitioner to act effectively. of the hearing. Preliminary attachment against property or garnishment subsequent grant. twenty (20) day period of the effectivity of the ex-parte order. or. Contents of the petition. a. or may be caused. The need to compel any other appropriate act or respondent may suffer as a result of its order. The opposition or comment should state the reasons why the interim b. The grounds relied on for the allowance of the petition protection lifted by posting an appropriate counter-bond as determined by the court. while not limiting the If the other parties fail to file their opposition on or before the day reasons for the court to grant an interim measure of protection. temporary order of protection shall be valid only for a period of twenty (20) days from the service on the party required to comply with the order. modification. or (b) upon lapse of the period to file the same. or a that the court may set only if there is a need for clarification or portion thereof is situated. measure of protection should not be granted.If respondent was given an opportunity to be heard on a petition for an interim measure of d. Preliminary injunction directed against a party to After notice and hearing. The need to produce or preserve evidence. The respondent has the option of having the temporary order of d. . Comment/Opposition. . preservation. (b) protection granted by the arbitral tribunal. Court action. . and b.7. Relief against court action.The verified petition must state the following: a. . Type of interim measure of protection that a court may date. c. In cases where. alleges in the petition that there is an urgent need to either (a) preserve property. The need to provide security for the performance of any the respondent from disposing of. . the court may either grant or deny the arbitration. the property. c. .3. and on that basis resolve the matter within thirty (30) days from (a) submission of the opposition. Where the principal place of business of any of the Rule 5. Notify the parties that the petition shall be heard on a constituted. . within five (5) days from receipt of that order. or (c) prevent the relief prayed for from may be filed with the Regional Trial Court. The fact that there is an arbitration agreement.Rule 5.A petition for an interim measure of protection concealing.6. Assistance in the enforcement of an interim measure of protection may be made (a) before arbitration is commenced. Furnish the respondent a copy of the petition and a notice requiring him to comment thereon on or before the a. The order granting or denying any application for interim measure of protection in aid of arbitration must indicate that it is issued without prejudice to b. if warranted. Appointment of a receiver.9. but may be the subject of a motion for reconsideration and/or appeal or. The fact that the arbitral tribunal has not been b. further argument. the court shall: Rule 5. (b) prevent b. or (c) after the constitution of the arbitral tribunal and at any time during arbitral proceedings but.10. prevent the relief prayed for from becoming illusory because of prior notice. Apart from other submissions. the property.

party or the appointed arbitrator/s may request the court revision or revocation by the arbitral tribunal as may be warranted.Any (b) if any of the parties are individuals. protection issued by the court and by the arbitral tribunal. . appointing authority within a reasonable time from receipt or of the request for appointment. Court to defer action on petition for an interim measure of a. The measure of protection ordered by the arbitral within such period as may be allowed under the pertinent tribunal amends. and the the following grounds: institution under whose rules arbitration is to be conducted fails or is unable to perform its duty as a. upon its issuance be deemed to have ipso jure modified. measure of protection issued by the court and by the arbitral tribunal shall be immediately referred by the court to the arbitral Rule 6.Rule 5. b. The number of arbitrators agreed upon or the absence established by the petitioner that the arbitral tribunal has no power of any agreement as to the number of arbitrators. that were agreed upon by the parties. Contents of the petition.16. within a reasonable time. An interim measure of protection issued by the arbitral tribunal shall. justifiable cause. The court may act upon such petition only if it is c. which the arbitral tribunal had not considered in parties failed to provide a method for appointing or granting in the application. or substitute arbitrator.14. each party shall protection may be conditioned upon the provision of security.11. the appointment of the arbitrator. within thirty (30) days from receipt of such request for If it finds that there is sufficient merit in the opposition to the appointment. Court assistance should arbitral tribunal be unable to effectively enforce interim measure of protection. appoint one arbitrator and the two arbitrators thus performance of an act.3.The of. parties have failed to reach an agreement on the sole arbitrator (in an arbitration before a sole arbitrator) or . amendment. Where any of the parties in an institutional arbitration proof that the Appointing Authority has been notified of the filing of failed or refused to appoint an arbitrator or when the the petition for appointment with the court. and (b) a. . or if the two ordered by the arbitral tribunal. or omission thereof. to appoint an arbitrator or the third arbitrator as the case may be. or (c) in the National Capital Region. d. any without prejudice to subsequent grant. The petitioner is not the cause of the delay in. without by the arbitral tribunal which it is unable to effectively enforce. Security. If the parties agreed on an appointment procedure.The order granting an interim measure of those arbitrators has been agreed upon. The fact that the Appointing Authority. Rule 6. or in the absence thereof. the appointment Rule 5. a measure of protection filed by a party to an arbitration agreement description of that procedure with reference to the arising from or in connection with a dispute thereunder upon being agreement where such may be found. upon by the parties. The arbitral tribunal granted the interim relief ex parte.1. or the produce a different result. Conflict or inconsistency between interim measure of where the principal place of business of any of the parties is located. When the court may act as Appointing Authority. . specified in the order. - The court shall defer action on any pending petition for an interim b. following: Rule 5.The court shall not deny when the two designated arbitrators have failed to reach an application for assistance in implementing or enforcing an interim an agreement on the third or presiding arbitrator (in an measure of protection ordered by an arbitral tribunal on any or all of arbitration before a panel of three arbitrators). revised or revoked an interim measure of protection arbitration may request the court to act as an Appointing Authority previously issued by the court to the extent that it is inconsistent in the instances specified in Rule 6. if considered. . Rule 6. Who may request for appointment. has failed or refused to act as such within the time prescribed or in the absence thereof. The party opposing the application found new material b. Modification. -The petition shall state the tribunal which shall have the authority to decide such question. in the Regional Trial Court (a) Rule 5. arbitrators fail to agree on the third arbitrator within a reasonable time from their appointment. modifies or is inconsistent with rules of the IBP or within such period as may be agreed an earlier measure of protection issued by the court. may replacing an arbitrator. court shall act as Appointing Authority only in the following instances: Apart from other submissions. . and which. application based on letter (b) above.4. or failure Rule 6.Any party to an amended. to act on any such interim measure of protection or is unable to act thereon effectively. protection when informed of constitution of the arbitral tribunal. Duty of the court to refer back. If the latter court’s previously issued interim measure of protection. . the court shall refer the matter back to the arbitral tribunal for appropriate determination. c. with the subsequent interim measure of protection issued by the arbitral tribunal. informed that an arbitral tribunal has been constituted pursuant to such agreement.The court shall assist in the enforcement of an interim measure of protection issued e.12. The special qualifications that the arbitrator/s must possess. Venue. Rule 5. The general nature of the dispute.2. if any. revision or revocation of shall be made by the Appointing Authority.The petition for appointment of arbitrator may be filed. the petitioner must attach to the petition (a) an authentic copy of the arbitration agreement. where those individuals question involving a conflict or inconsistency between an interim reside. If a party fails to appoint his arbitrator within thirty (30) days of receipt of a The Court may not change or increase or decrease the security request to do so from the other party. appointed shall appoint a third arbitrator. .15. at the option of the petitioner.Any court fails or refuses to act or appoint an arbitrator within a order granting or denying interim measure/s of protection is issued reasonable time from receipt of the request to do so. and RULE 6: APPOINTMENT OF ARBITRATORS f.13. and the National President of the Integrated Bar of the Philippines (IBP) or his duly authorized representative fails or refuses to act c. revokes.1 above. Where the parties agreed that their dispute shall be resolved by three arbitrators but no method of appointing Rule 5. In all instances where arbitration is ad hoc and the evidence. modification. . from the date a request is made. amendment. or method agreed upon is ineffective.

appeal or certiorari. implementing rules.Rule 6.7. The facts showing that the ground for the challenge has filed in the same case and in the court where the petition to replace been expressly or impliedly rejected by the challenged the challenged arbitrator was filed. it shall also dismiss the petition upon being informed challenged arbitrator if it finds merit in the petition. or refused to act on the challenge. at its The court shall dismiss the petition motu proprio unless it is clearly option. appeal.The challenged arbitrator or other considerations as are likely to secure the appointment of an parties may file a comment or opposition within fifteen (15) days independent and impartial arbitrator. on account of which the respondent failed or refused to participate in the selection and The court shall accept the challenge and remove the arbitrator in the appointment of a sole arbitrator or to appoint a party-nominated following cases: arbitrator. An order of the court denying b. Comment/Opposition. the court shall have regard to such Rule 7. . in determining the arbitrator/s. also require each party to submit a list of not less than three alleged therein that the Appointing Authority charged with deciding (3) proposed arbitrators together with their curriculum vitae. or in such comment or legal brief.6. after the resolution of the arbitral tribunal rejecting the challenge is raised or contested before such Appointing Rule 6. or (c) in the National Capital Region. within thirty (30) days from receipt of the request. shall receive evidence of expenses to be reimbursed. if any. and subject of a motion for reconsideration. 9285 and its reconsideration.If the court appoints an challenged arbitrator agree to the challenge and withdraw arbitrator. Who may challenge. The other arbitrators in the arbitral tribunal agree to the the petition for appointment of an arbitrator may. if the court finds merit in the Authority. inexistent. Contents of the petition. The challenged arbitrator fails or refuses to submit his RULE 7: CHALLENGE TO APPOINTMENT OF ARBITRATOR comment on the petition or the brief of legal arguments as directed by the court.5. the order appointing an arbitrator shall be immediately the appointment. the challenge. . . The other arbitrators in the arbitral tribunal agree to the Appointing Authority fails or refuses to act on the challenge within removal of the challenged arbitrator. and amount of the award to the challenged arbitrator. he fails to object to his removal following the Court (a) where the principal place of business of any of the parties challenge. a. Rule 6. Forum shopping prohibited. Such expenses include. he Rule 7. Rule 6. Venue. the aggrieved party may request the Appointing Authority to rule on the challenge. . The court. 876 or the Model Law. otherwise.An arbitrator may be challenged on any of the executory and shall not be the subject of a motion for grounds for challenge provided for in Republic Act No.The court may. The party or parties who named and appointed the Rule 6. may challenge an arbitrator. is located. however. that the aggrieved party may renew the challenge in court. (b) if any of the parties are individuals. invalid.9.6. . but shall not be limited to.8. The name/s of the arbitrator/s challenged and his/their hotel expenses. be the removal of the challenged arbitrator. The court shall decide the challenge on the basis of evidence Rule 7. . Comment/Opposition. it that the Appointing Authority has already made the appointment.The challenge shall be filed with the Regional Trial arguments. where those individuals reside.The comment/opposition must be d. . executory and shall not be the subject of a motion for reconsideration.1. . b. . c. . The facts showing that the Appointing Authority failed filed within fifteen (15) days from service of the petition. which may consist of air .When there is a pending The court shall allow the challenged arbitrator who subsequently petition in another court to declare the arbitration agreement agrees to accept the challenge to withdraw as arbitrator. transportation and a.9. If the challenged arbitrator fails or refuses to submit his comment on the petition or the brief of legal arguments as directed by the court. . or certiorari. At any time after the petition is filed and before the court makes an Rule 7.8.The petition shall state the expenses he may have incurred in attending to the arbitration and to following: a reasonable compensation for his work on the arbitration. the court shall remove the appointment. Republic Act No. appeal or certiorari. and such period as may be allowed under the applicable rule or in the absence thereof. or in such comment or brief of legal Rule 7. and reputation as an arbitrator. Rule 7. apply or as may have been agreed upon by the parties. Grounds. The request for reimbursement of expenses and for payment of a reasonable compensation shall be c. failed or refused to act on the challenge within thirty (30) petition. unenforceable. the challenged arbitrator shall be entitled to reimbursement of all reasonable Rule 7. . from service of the petition. arbitrator is challenged before the arbitral tribunal under the procedure agreed upon by the parties or under the procedure The court will decide the challenge on the basis of the evidence provided for in Article 13 (2) of the Model Law and the challenge is submitted by the parties in the following instances: not successful.Unless the bad faith of the challenged qualification for appointment as arbitrator. shall dismiss the petition.When an submitted by the parties. Court action. The nationality or professional qualification of an arbitrator is not a ground to challenge an arbitrator unless the parties have specified in Rule 7. the challenged arbitrator on the basis of the length of time he has devoted to the arbitration and taking into consideration his stature b. otherwise.4.7. When challenge may be raised in court. Reimbursement of expenses and reasonable compensation their arbitration agreement a nationality and/or professional to challenged arbitrator. In making the appointment. A reasonable compensation shall be paid to address. .2. Court action.Any order of the court resolving the petition shall be immediately Rule 7.5. Relief against court action. and it is only when such a. it shall dismiss the days from receipt of the request or within such longer period as may petition.3.Any of the parties to an arbitration fails to object to his removal following the challenge. arbitrator is established with reasonable certainty by concealing or failing to disclose a ground for his disqualification. it shall appoint an arbitrator. No motion for reconsideration. The grounds for the challenge.After hearing. . Submission of list of arbitrators. appeal or certiorari. the petition filed under this rule shall be dismissed.After hearing.

. other reason. To comply with a subpoena ad testificandum and/or Rule 8. Appointment of substitute arbitrator. it shall terminate the mandate of the arbitrator who place where the evidence may be found. . No motion for reconsideration or appeal. and inland transportation.The order granting assistance applicable to the appointment of the arbitrator being replaced. The Rule 9. Venue. or (c) where the evidence may be found. not be subject of a motion for reconsideration. The arbitral tribunal ordered the taking of evidence or requested the arbitrator to withdraw but he failed or refused to do the party desires to present evidence to the arbitral so. Rule 8. applicable rule or.8. .3. be filed with Regional Trial Court where the mandate of an arbitrator where an arbitrator becomes de jure or (a) arbitration proceedings are taking place. photographs. or the inspection of things or premises and.7. To allow the physical examination of the condition of following: persons.The comment/opposition must be court resolving the petition shall be immediately executory and shall filed within fifteen (15) days from service of the petition. may request the court to provide award to the court for the account of the challenged arbitrator. Rule 8.A party requiring assistance in the arbitrator within such period as may be allowed under the taking of evidence may petition the court to direct any person.Assistance may be sought at any time during the course of the arbitral proceedings RULE 8: TERMINATION OF THE MANDATE OF ARBITRATOR when the need arises. a. tribunal.The court may grant or execute the request for assistance in taking evidence within its competence and according to Rule 8. The ground/s for termination. Relief against court action. legal impediments.The petition must state the termination of the mandate of the arbitrator and failure or following: inability of the Appointing Authority to act within thirty (30) days from the request of a party or parties or within a. . or because of his mandate is revoked by agreement of the parties or is terminated for any other reason. be filed with the Regional Trial Court (a) where the principal place of business of any of the b. The fact that one or all of the parties requested the Appointing Authority to act on the request for the Rule 9. Rule 9. when appropriate. (b) the witnesses reside de facto unable to perform his function or for other reasons fails to or may be found. at of the parties to an arbitration may request for the termination of the option of the petitioner. When assistance may be sought. . Who may request termination and on what grounds. .2. the court shall grant the assistance in taking Rule 8.The comment/opposition must be c. act without undue delay and that arbitrator. from his office. Rule 9. and is material and relevant. To perform any similar acts. or (c) in the National Capital Region. upon request of any party. the Appointing Authority fails or refuses to decide on the termination of the mandate of that Rule 9. default of which the court may issue a writ of execution to enforce the award. Who may request assistance. e. any party may file or other entity (other than a party to the ADR proceedings or its with the court a petition to terminate the mandate of that officers) found in the Philippines. it shall dismiss the the premises to be inspected are located or the place petition. b. court shall direct the challenging party to pay the amount of the whether domestic or foreign. Contents of the petition.. . partnership from the time the request is brought before him. .Where the mandate evidence requested and shall order petitioner to pay costs attendant of an arbitrator is terminated. . Court action. in the absence thereof.A petition to terminate the mandate of an subpoena duces tecum. . When to request. . Materiality or relevance of the evidence to be taken. within thirty (30) days including a representative of a corporation.Any party to an arbitration. petition. at that petitioner’s option.1. To appear as a witness before an officer for the taking of parties is located.7. . . Rule 8. fails or refuses to withdraw from his office. otherwise. interrogatories. Court action. Ground.The petition shall state the c.. Rule 8. and subsequently.3. and Rule 8. hotel bills and expenses. To allow the examination and copying of documents.6. a substitute arbitrator shall be appointed according to the rules that were Rule 9. c. to allow the recording and/or documentation a.If the evidence sought is not privileged. the place where refuses to withdraw from his office. Comment/Opposition. Venue. d. The names and addresses of the intended witness/es.5.5. or he withdraws from office for any to such assistance. appeal or petition for certiorari.tickets. in taking evidence shall be immediately executory and not subject to reconsideration or appeal. Comment/Opposition. Rule 9.9. arbitrator may. Contents of the petition. The fact that one or all of the parties had requested the and arbitrator to withdraw but he failed or refused to do so. (b) where any of the parties who are individuals his deposition upon oral examination or by written resides.4.6. The name of the arbitrator whose mandate is sought to of condition of persons.2. where the acts required are to be done.1. be terminated.e. filed within fifteen (15) days from service of the petition.If an arbitrator refuses to withdraw the rules of evidence.Any Rule 9. . for any of the following: arbitrator. .Any order of the Rule 9.A petition for assistance in taking evidence may. association. video and other means of recording/documentation). if the court finds merit in the d. d. Type of assistance. things or premises (i. in assistance in taking evidence.4.8. The fact that there is an ongoing arbitration proceeding such period as may have been agreed upon by the parties even if such proceeding could not continue due to some or allowed under the applicable rule. If the court declines to grant assistance in RULE 9: ASSISTANCE IN TAKING EVIDENCE . The petitioner shall further allege that one or all of the parties had b.After hearing. .

Contents of the motion or petition. . - accordance with Rule 15 of the Rules of Court. d. However. (A) Confirmation. Grounds. Information obtained through mediation shall be information shall be kept confidential has the right to prevent such privileged and confidential. The the court to confirm that award. If the court declines to enjoin a person or persons from divulging b. Venue. Consequence of disobedience.At anytime before arbitration is commenced or before meritorious. Consequence of disobedience. or to be information gathered in mediation. The time. b. .If the court finds the petition or motion constituted. opposition or comment may be accompanied by written proof that (a) the information is not confidential.taking evidence. the court shall be further guided by the witness who disclosed or who was compelled to disclose information following principles: relative to the subject of ADR under circumstances that would create a reasonable expectation. c. it shall issue an order enjoining a person or persons the arbitral tribunal is constituted. (5) any persons hired or If there is a pending court proceeding in which the information engaged in connection with the mediation as secretary. A mediator who is obtained. . The person or persons who are being asked to divulge Rule 10. (c) there was a waiver of receipt of the arbitral award. in ADR proceedings.10.6. wrongfully subpoenaed shall be reimbursed the full cost of his attorney fees and related expenses. obtained in an ADR proceeding is required to be divulged or is being stenographer. Rule 10. he may petition filed within fifteen (15) days from service of the petition. or a nonparty participant may refuse to disclose and may prevent any other person from Rule 10. order at anytime there is a need to enforce the confidentiality of the information obtained.2. reconsideration or appeal.10.Any person who the confidential information participated in an ADR disobeys the order of the court to cease from divulging confidential proceedings.5. evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or RULE 10: CONFIDENTIALITY/PROTECTIVE ORDERS protected from discovery solely by reason of its use therein.A petition for a protective order may be filed compelled to disclose confidential information obtained with the Regional Trial Court where that order would be during the mediation: (1) the parties to the dispute. correction or vacation. correction/modification or through a motion shall be made to the opposing parties in vacation. Notice. the courts shall be guided by the following principles applicable to all ADR proceedings: Confidential Rule 9. confirm. Court action. A mediator may not be called to testify to provide unauthorized disclosure of the information obtained. When request made. any person who desires to from divulging confidential information. . . Rule 10. . date and place when the ADR proceedings RULE 11: CONFIRMATION. during an ADR being questioned with the appellate courts. perpetuate his testimony or that of another person may do so in accordance with Rule 24 of the Rules of Court.The court may impose the information shall not be subject to discovery and shall be appropriate sanction on any person who disobeys its order to testify inadmissible in any adversarial proceeding. c. . . counsel or For mediation proceedings.4. that the a. In resolving the petition or motion. or would be obtained. A party. d. the following persons involved or previously involved in a mediation may not be Rule 10. Perpetuation of testimony before the arbitral tribunal is Rule 10. or to be obtained. or (d) the petitioner/movant is precluded from or appeal. .A party.The petition or motion must state the following: Rule 10.Notice of a request for a protective order made Rule 11. Who may request confirmation. Rule 9. and information shall be imposed the proper sanction by the court. .2. Rule 10. . .A protective order may be granted only if it is shown that the applicant would be materially prejudiced by an e. judicial.7.The comment/opposition must be from receipt by the petitioner of the arbitral award.9. the petitioner may file a motion for reconsideration confidentiality. (3) the counsel for the parties: (4) the nonparty participants.At any time after the lapse of thirty (30) days Rule 10. When to request confirmation. (b) the information was not (B) Correction/Modification.The order enjoining a person or persons from divulging confidential information shall be a. Relief against court action. whether judicial or quasi when required or perform any act required of him. CORRECTION OR VACATION OF AWARD took place. Who may request confidentiality.1. The protection of the ADR Laws shall continue to apply even if a mediator is found to have failed to act impartially. .1. asserting confidentiality. the movant must set the motion Rule 11. a mediator.3. the petitioner may file a motion for disclosure of that information. Rule 10. the party seeking to enforce the confidentiality of the who obtains or possesses confidential information by information may file a motion with the court where the proceedings reason of his/ her profession. clerk or assistant. are pending to enjoin the confidential information from being divulged or to suppress confidential information.11.8.A party may request a protective disclosing a mediation communication. . In such an adversarial proceeding. information from being further disclosed without the express written consent of the source or the party who made the disclosure. That the information sought to be protected was immediately executory and may not be enjoined while the order is obtained. a party may petition the court to correct/modify that award. mediator or mediators. and (6) any other person divulged. during an ADR proceeding. proceeding. Comment/Opposition.Not later than thirty (30) days from obtained during an ADR proceeding. IN DOMESTIC ARBITRATION Apart from the other submissions. - for hearing and contain a notice of hearing in accordance with Rule Any party to a domestic arbitration may petition the court to 15 of the Rules of Court. . on behalf of the source. correct or vacate a domestic arbitral award. (2) the implemented. The applicant would be materially prejudiced by the confidential information.

4. or so imperfectly executed them. not later than thirty (30) correct/modify or order the arbitral tribunal to correct/modify the days from receipt of the award by the petitioner.The Court may to a petition to confirm the arbitral award. at any time after the petition to vacate such arbitral award is filed. Where the arbitrators have omitted to resolve an issue (F) The filing of a petition to confirm an arbitral award shall not submitted to them for resolution.Not later than thirty (30) days from receipt of the In deciding the petition to vacate the arbitral award. The arbitral tribunal was guilty of misconduct or any appropriate motion. The arbitral tribunal exceeded its powers. or party. in opposition (B) To correct/modify an arbitral award.5. One or more of the arbitrators was disqualified to act as award in opposition to the petition to vacate or correct/modify the such under the law and willfully refrained from disclosing award. . Form of petition. correct/modify the award in opposition to the petition to confirm the award provided that such petition to vacate or correct/modify is b. the court or courts concerned may allow the consolidation of the two The award may also be vacated on any or all of the following proceedings in one court and in one case. confirmation. e. vacation or correction/modification of an arbitral award filed in violation of the non-forum shopping rule. as a violation of the rule against forum- form of misbehavior that has materially prejudiced the shopping. as a violation of the rule against forum shopping. the court shall arbitral award. There was evident partiality or corruption in the arbitral filed within thirty (30) days from his receipt of the award. Rule 11. the party seeking to vacate or correct/modify said award may a. c. Rule 11. The dismissal b.(A) To vacate an arbitral award. The arbitration agreement did not exist. A petition tribunal or any of its members. disregard any other ground than those enumerated above. rights of any party such as refusing to postpone a hearing upon sufficient cause shown or to hear evidence pertinent When a petition to vacate or correct/modify an arbitral award is and material to the controversy. Where the award is imperfect in a matter of form not affecting the merits of the controversy. The petition to vacate an arbitral award on the ground that the party to arbitration is a minor or a person judicially declared to be Rule 11.3. made by a guardian or guardian ad litem who was not authorized to do so by a competent court. and if it had been a (G) A petition to correct an arbitral award may be included as part of commissioner’s report. that award. Contents of petition. Where the arbitrators have awarded upon a matter not of the petition to vacate the arbitral award for having been filed submitted to them.6. Grounds. the petition must be verified by a person who has knowledge of the jurisdictional facts. grounds: Where the petition to confirm the award and petition to vacate or a. . . b. pending before a court.An application to vacate an arbitral Rule 11.The petition for confirmation.The arbitral award may be vacated on the following grounds: When a petition to confirm an arbitral award is pending before a court. . award shall be in the form of a petition to vacate or as a petition to correction/modification or vacation of a domestic arbitral award vacate in opposition to a petition to confirm the same award. not affecting the merits of the decision beyond the reglementary period shall not result in the dismissal of upon the matter submitted. or authorize the filing of a belated petition to vacate or set aside such award in opposition thereto. A party to arbitration is a minor or a person judicially declared to be incompetent. in or property referred to in the award. to vacate or correct/modify an arbitral award filed in another court or in a separate case before the same court shall be dismissed. or filed as separate proceeding in another court or in a different case before the same court shall be dismissed. final and definite award upon the subject matter submitted to them As an alternative to the dismissal of a second petition for was not made.The petition must state the incompetent shall be filed only on behalf of the minor or following: incompetent and shall allege that (a) the other party to arbitration had knowingly entered into a submission or agreement with such minor or incompetent. Venue. the court may order the consolidation of the two cases before either court. upon motion of either unenforceable. where any of the An application to correct/modify an arbitral award may be included parties reside or where arbitration proceedings were conducted.(C) Vacation. the defect could have been a petition to confirm the arbitral award or as a petition to confirm amended or disregarded by the Court. The arbitral award was procured through corruption. The jurisdictional issues raised by a party during arbitration proceedings. A petition to confirm or correct/modify an arbitral award such disqualification. . in a petition to confirm an arbitral award or in a petition to vacate in opposition to confirm the same award. a. (D) A petition to vacate the arbitral award may be filed. or (b) the submission to arbitration was a. upon c. b. the party seeking to confirm said award may only apply for that relief through a petition to confirm the same d. may be filed with Regional Trial Court having jurisdiction over the place in which one of the parties is doing business. . Where there was an evident miscalculation of figures or an evident mistake in the description of any person. d. The addresses of the parties and any change thereof. . a party may petition the court to vacate that award. A petition to arbitral award in the following cases: vacate the arbitral award filed beyond the reglementary period shall be dismissed. In all instances. opposition to a petition to vacate the arbitral award. only apply for those reliefs through a petition to vacate or fraud or other undue means. the petition for the confirmation of such arbitral award. or is invalid for correct/modify were simultaneously filed by the parties in the same any ground for the revocation of a contract or is otherwise court or in different courts in the Philippines. such that a complete. . thing (E) A petition to confirm the arbitral award may be filed. upon appropriate motion.

Moreover. Hearing. the members of petition in opposition thereto file a reply. the court shall either appointment of an arbitral tribunal. The Court shall have full Apart from other submissions. the court may of the affidavits to be replied to. interpretation or additional order. An arbitral award shall enjoy the presumption that it was made and c. The dismissal of a petition to set aside an to the petition certified copies of documents showing such fact. If the petition or the petition in opposition thereto is one for vacation of an arbitral award.1. award.Unless a ground to vacate an arbitral award under Rule 11. within a period of not more than fifteen (15) days from receipt of the order.Any party to an international commercial arbitration in the interested party may request the court to suspend the proceedings Philippines may petition the proper court to recognize and enforce for vacation for a period of time and to direct the arbitral tribunal to or set aside an arbitral award. a copy of such petition and of the decision or final order of the court shall be attached thereto. parties. the affidavits and reply the award. any Rule 11. the interested party in arbitration may RULE 12: RECOGNITION AND ENFORCEMENT OR SETTING ASIDE OF oppose the petition or the petition in opposition thereto for the AN INTERNATIONALCOMMERCIAL ARBITRATION AWARD reason that the grounds cited in the petition or the petition in opposition thereto. The grounds relied upon by the parties in seeking the litem. a timely petition to set aside an arbitral award is filed. the latter was not authorized by a competent court to sign vacation of the arbitral award whether the petition is a such the submission or arbitration agreement. . the simultaneously apply with the Court to refer the case back to the respondent may file a petition in opposition to the petition. Who may request recognition and enforcement or setting merits of the case and may be cured or remedied. petition for the vacation or setting aside of the arbitral award or a petition in opposition to a petition to confirm If on the basis of the petition. request. is invalid or otherwise recognition and enforcement of the same award within the period unenforceable.Upon finding that the petition filed under this law.8. During the hearing. When to file petition. If a timely request is made with was appealed by a party to the Regional Trial Court. In lieu of an opposition. In arbitral award for being time-barred shall not automatically result in addition. An authentic copy of the arbitral award. the aside. and an earlier petition for judicial relief under Rule 3 for filing an opposition. order The petitioner may within fifteen (15) days from receipt of the the new hearing before a new arbitral tribunal. except and the circumstances under which it was received by the criminal cases. But if the ground was raised before the arbitral tribunal in a motion to dismiss filed not (B) Petition to set aside. a copy of the the arbitral tribunal for correction. Failure to file a . The opposition shall be supported by a brief of legal arguments to show the Rule 12.The petition to set aside an arbitral award later than the submission of its answer. there shall be attached three (3) month period. or to revise its affidavits or reply affidavits documents relied upon in support of the findings of fact or conclusions of law or otherwise encroach upon statements of fact in such affidavits or reply affidavits. A statement of the date of receipt of the arbitral award case shall have preference over other cases before the court. and In resolving the petition or petition in opposition thereto in d. and affidavits of the parties. or the law. Rule 11. take the place of their direct testimonies and they shall immediately be subject to cross-examination thereon. a. the petitioner must attach to the control over the proceedings in order to ensure that the case is petition the following: heard without undue delay. Notice. . which shall be chosen in the manner provided in the arbitration agreement or submission.9. An authentic copy or authentic copies of the accordance with these Special ADR Rules. the three (3) month period shall be counted from the time the appeal therefrom to the Court and the order or decision of the the petitioner receives the resolution by the arbitral tribunal of that Court shall all be attached to the petition. Rule is sufficient both in form and in substance. If. the opposing If the ground of the petition to vacate an arbitral award is that the party must file therein and in opposition thereto the petition for arbitration agreement did not exist. the court shall set the case for hearing. assuming them to be true. A certification against forum shopping executed by the released in due course of arbitration and is subject to confirmation applicant in accordance with Section 5 of Rule 7 of the by the court Rules of Court. the court finds that there is a need to conduct an oral hearing. b. . the affidavits of witnesses shall petitioner. had been filed. c. the court shall confirm the award. the opposition. In the latter case. The court shall not disturb the arbitral tribunal’s determination of facts and/or interpretation of Rule 11.If the Court finds from the petition or petition provision limiting the time in which the arbitral tribunal may make a in opposition thereto that there are issues of fact. the petitioner may (15) days from receipt of the petition. Court action.5 above is fully established. ruling or preliminary award or decision of the arbitral tribunal. however. the independence of an arbitral tribunal in the making of a final award. This d.(A) Petition to recognize and existence of a sufficient legal basis for the opposition. enforce. An authentic copy of the arbitration agreement. and the arbitral tribunal may only be filed within three (3) months from the time the ruled in favor of its own jurisdiction as a preliminary question which petitioner receives a copy thereof. to simultaneously submit the affidavits of all of In referring the case back to the arbitral tribunal or to a new arbitral their witnesses and reply affidavits within ten (10) days from receipt tribunal pursuant to Rule 24 of Republic Act No. do not affect the Rule 12. the petitioner shall show that even if the submission or the approval of the petition filed therein and in opposition thereto arbitration agreement was entered into by a guardian or guardian ad for recognition and enforcement of the same award.The petition for enforcement and recognition of an arbitral award may be filed anytime from receipt of the award. There shall be attached to the not direct it to revise its award in a particular way. . . the Court shall cause notice and a copy of the petition to be delivered to the respondent In a petition to vacate an award or in petition to vacate an award in allowing him to file a comment or opposition thereto within fifteen opposition to a petition to confirm the award. same arbitral tribunal for the purpose of making a new or revised award or to direct a new hearing. reopen and conduct a new hearing and take such other action as will eliminate the grounds for vacation of the award. confirm or vacate the arbitral award. or in the appropriate case.2.7. . . If the ground of the petition is that the petitioner is an infant or a A petition to set aside can no longer be filed after the lapse of the person judicially declared to be incompetent. 876. it shall require the decision shall be deemed applicable to the new arbitral tribunal.

The court therein. an arbitral award on the ground that a party was a minor or an incompetent shall be filed only on behalf of the minor or Further. In addition. the petitioner shall show that even if the made by a guardian or guardian ad litem who was not authorized to submission or arbitration agreement was entered into by a guardian do so by a competent court. derogate. whether made through a petition to is located. The relief sought.7. An authentic copy or authentic copies of the appointment of an arbitral tribunal.5. The party making the application furnishes proof that: be made through a petition to set aside the same award in the same proceedings.6. an arbitral award may. . or contains b. the application to set it aside. The addresses of record. (d) where any of the parties to arbitration resides or has award in opposition thereto. the said petitions should state the The petition to set-aside or a pleading resisting the enforcement of grounds relied upon to set it aside. . Rule 12.3. the Court shall disregard any other ground award in international commercial arbitration shall have the same to set aside or enforce the arbitral award other than those contents as a petition to recognize and enforce or petition to enumerated above. (ii). Exclusive recourse against arbitral award. . or the said agreement is When a timely petition to set aside an arbitral award is filed. A verification and certification against forum shopping executed by the applicant in accordance with Sections 4 (i). (iv). Grounds to set aside or resist enforcement. petition to recognize and enforce in opposition thereto. b. Contents of petition. or (e) in the National Capital Judicial Region. or a. failing such agreement. failing any indication thereof. The court finds that: c.(A) Petition to recognize and (ii). or. recourse from the arbitral award. An authentic copy of the arbitral award. be filed with the Regional Trial Court: (a) where arbitration proceedings were Rule 12. appointment. or any change thereof. of the same award in opposition thereto. or (b) the submission to arbitration was fact. submission to arbitration. An authentic copy of the arbitration agreement. A party to the arbitration agreement was under some incapacity. or e. or d. . In addition. . if the ground of the petition to set aside is that the incompetent and shall allege that (a) the other party to arbitration petitioner is a minor or found incompetent by a court. provided that. The names of the arbitrators and proof of their can be separated from those not so submitted. shall be verified by a person who has personal knowledge of the facts stated Rule 12. shall a. (b) where any of the assets to be attached or levied upon aside an arbitral award. was not in accordance with Philippine law. the not valid under the law to which the parties have opposing party may file a petition for recognition and enforcement subjected it or. there shall be had knowingly entered into a submission or agreement with such attached to the petition certified copies of documents showing such minor or incompetent. the latter was not authorized by a competent court to sign such the submission or arbitration agreement. The subject-matter of the dispute is not and 5 of Rule 7 of the Rules of Court. of the (iii). or Rule 12. The party making the application to set aside enforce. shall be dismissed by Rule 12. The award deals with a dispute not parties to arbitration. and the award which contains decisions on matters submitted to arbitration may be enforced. . (c) where the act to be enjoined will be or is being recognize and enforce or to set aside or as a petition to set aside the performed. Form. A statement that the arbitration agreement or decisions on matters beyond the scope of the submission exists. unless such petition the following: agreement was in conflict with a provision of Philippine law from which the parties cannot a. Venue. or through a petition to set aside or its place of business. (i). . under Philippine law.4. the petitioner shall attach to the with the agreement of the parties. at the option of the petitioner. (B) Petition to set aside. A statement that an arbitral award was issued and when arbitration may be set aside or only that part of the petitioner received it.The petition to recognize and enforce or petition to set or resist enforcement was not given proper aside in opposition thereto. such as by appeal or petition for review or petition for certiorari or otherwise. may set aside or refuse the enforcement of the arbitral award only if: When a petition to recognize and enforce an arbitral award is pending. if the decisions on matters submitted to arbitration c.The petition to set aside or petition to set aside in opposition to a petition to recognize and enforce an arbitral In deciding the petition.The application to recognize and enforce or set conducted. or guardian ad litem. recognize and enforce in opposition to a petition to set aside an arbitral award. The recognition or enforcement of the award would be contrary to public policy.Recourse to a court against an arbitral award shall be made only through a petition to set aside the arbitral award and on grounds prescribed by the law .petition to set aside shall preclude a party from raising grounds to that governs international commercial arbitration. b. shall state the the arbitral proceedings or was otherwise unable following: to present his case. or petition to set aside or petition to notice of the appointment of an arbitrator or of recognize and enforce in opposition thereto. The composition of the arbitral tribunal or the arbitral procedure was not in accordance Apart from other submissions. Any other resist enforcement of the award. if not yet time-barred.A petition to recognize and enforce or set aside the court. and capable of settlement by arbitration under the law of the Philippines. contemplated by or not falling within the terms of the submission to arbitration. only that part of the award which contains decisions on matters not submitted to d.

If the court finds that the against the unsuccessful party.In either case. Suspension of proceedings to set aside. enforce. This case shall have preference over other cases parties. Rule 13. Notice. suspend the not valid under the law to which the parties have proceedings to set aside to await the ruling of the court on such subjected it or. The costs shall include The petitioner may within fifteen (15) days from receipt of the the attorney’s fees the party has paid or is committed to pay to his petition to set aside in opposition to a petition to recognize and counsel of record. ARBITRAL AWARD If the court finds from the petition or petition in opposition thereto Rule 13. The party making the application was not that an arbitral award was made and released in due course and is given proper notice of the appointment of an subject to enforcement by the court. in referring the case back to the arbitral tribunal A Philippine court shall not set aside a foreign arbitral award but may not direct it to revise its award in a particular way. or the said agreement is aggrieved by such preliminary ruling to the court. Costs.Any that there are issues of fact relating to the ground(s) relied upon for party to a foreign arbitration may petition the court to recognize and the court to set aside.4 above is fully established.9. not more than fifteen (15) days from receipt of the order simultaneously to submit the affidavits of all of their witnesses and Rule 13. determination in favor of its own jurisdiction. the parties may be reasonableness of the claim for attorney’s fees. . on appeal.13. it shall require the parties within a period of enforce a foreign arbitral award.The recognition and enforcement of a foreign arbitral award shall be governed by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New Rule 12. may file a petition to set aside in opposition to a petition to the party praying for recognition and enforcement or setting aside of recognize and enforce. there is a need to conduct an oral hearing. .It is presumed (ii). . The court. in the alternative. The prevailing party shall be entitled to an award of costs. the court finds that upon is located.1. sufficiently discussing the legal RULE 13: RECOGNITION AND ENFORCEMENT OF A FOREIGN issues and the legal basis for the relief prayed for by each of them. Regional Trial Court (a) where the assets to be attached or levied the affidavits and reply affidavits of the parties. where any of those before the court.2. the respondent writing. Presumption in favor of confirmation. failing any indication thereof. the court of the submission to arbitration. there is a decisions on matters beyond the scope of the petition to recognize and enforce the arbitral award filed in submission to arbitration. the arbitral tribunal’s preliminary enforce the award. the costs he has incurred only in the proceedings for such recognition and enforcement or setting aside. The award deals with a dispute not Rule 12. Venue. which shall include reasonable attorney’s fees of the prevailing party Rule 12. required to submit briefs of legal arguments. pending appeal or. In lieu of an opposition.The petition to recognize and enforce a foreign arbitral award shall be filed. a. the opposition. the court shall cause law. When to petition. or to revise may refuse it recognition and enforcement on any or all of the its findings of fact or conclusions of law or otherwise encroach upon following grounds: the independence of an arbitral tribunal in the making of a final award. upon grounds of asked to set aside an arbitral award may. enforcement. . (d) if any of the parties is an individual. . .The court when York Convention") and this Rule. There shall be attached to the affidavits or reply Regional Trial Court to recognize and enforce such award. if another court was previously requested to resolve opposition to the petition to set aside. or from receipt of the petition to recognize and enforce in opposition to a petition to set aside.At any time after receipt of a foreign reply affidavits within ten (10) days from receipt of the affidavits to arbitral award. .10. or contains shall dismiss the petition. Governing law and grounds to refuse recognition and ensure that the case is heard without undue delay. recognize and enforce a foreign arbitral upon request by a party.4. or a petition to recognize and enforce in an arbitral award shall submit a statement under oath confirming opposition to a petition to set aside. the individuals resides. Submission of documents. the petitioner shall apprise the court before which the petition to recognize and enforce In resolving the petition or petition in opposition thereto in or set aside is pending of the status of the appeal or its resolution. accordance with the Special ADR Rules. the court shall set the (c) in the principal place of business in the Philippines of any of the case for hearing. The party making the application to refuse recognition and enforcement of the award furnishes proof that: The court when asked to set aside an arbitral award may also. all documents relied upon in support of the statements of fact in such affidavits or reply affidavits. The court may.11. Judgment of the court. or (e) in the National Capital Judicial Region. If.Upon finding that the petition filed under this arbitral tribunal’s determination of facts and/or interpretation of Rule is sufficient both in form and in substance.If on the basis of the petition. at the option of the petitioner. . The court shall have full control over the proceedings in order to Rule 13. Who may request recognition and enforcement. affidavits. any party to arbitration may petition the proper be replied to. unless the adverse party is able arbitrator or of the arbitral proceedings or was to establish a ground for setting aside or not enforcing an arbitral otherwise unable to present his case. affidavits of witnesses shall take the place of their direct testimonies and they shall immediately be subject to cross-examination thereon. provided that. file a reply. if the . A party to the arbitration agreement was to act on the matter before it had been appealed by the party under some incapacity. with the Rule 12.8. The court shall not disturb the Rule 12. or award. (iii). During the hearing. was made. at the time the case is submitted to the court for decision. consolidate the proceedings to under the law of the country where the award set aside with the earlier appeal. suspend the proceedings for a period of award made in a country that is not a signatory to the New York time determined by it to give the arbitral tribunal an opportunity to Convention as if it were a Convention Award. the court shall either set aside or enforce the arbitral award.14. the court shall recognize and and/or has resolved.Unless a ground to set aside an contemplated by or not falling within the terms arbitral award under Rule 12.3. not more than fifteen (15) days from receipt of the order. . when the preliminary ruling of an arbitral tribunal affirming its jurisdiction (i). The court shall determine the issue between the parties is mainly one of law. .12. . in the same proceedings. (b) where the act to be enjoined is being performed. notice and a copy of the petition to be delivered to the respondent directing him to file an opposition thereto within fifteen (15) days Rule 12. Hearing. where appropriate and comity and reciprocity. or Rule 12.Unless otherwise agreed upon by the parties in from receipt of the petition. except criminal cases. resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.

allow the submission of arbitration may be set aside. . The relief sought. Opposition.7. the The decision of the court recognizing and enforcing a foreign arbitral country where the arbitral award was made and whether award is immediately executory. only upon grounds provided by these Special ADR Rules. The subject-matter of the dispute is not award. . recognize and enforce a foreign arbitral award made in a b. Contents of petition.2. Who makes a deposit. The (v). The addresses of the parties to arbitration. . Rule 13. If. subject to mediation. the pertinent rules on arbitration shall Rule 13. . upon the request of any party. not more than thirty (30) days from receipt of the order.10. Court action. The court shall have full control over the proceedings in order to ensure that the case is heard without undue delay. award under this rule is fully established. was not in accordance with the law of the country where arbitration took place.If the court finds that the issue between RULE 15: DEPOSIT AND ENFORCEMENT OF MEDIATED SETTLEMENT the parties is mainly one of law. all of their witnesses within a period of not less than fifteen (15) only that part of the award which contains days nor more than thirty (30) days from receipt of the order. When deposit is made.It is presumed that a foreign arbitral enumerated above. An authentic copy of the arbitral award. b.12.5. such country is a signatory to the New York Convention. . Recognition and enforcement of non-convention award. application of the petitioner. Notice and opposition. may adjourn or defer rendering a arbitration under Philippine law. The court shall not disturb Apart from other submissions. Rule 13. Application of the rules on arbitration. there are issues of fact relating to the ground/s relied upon for the court to refuse enforcement. . The court shall disregard any ground for opposing the recognition and enforcement of a foreign arbitral award other than those Rule 13. Submissions. failing such such affidavits or reply affidavits. There shall be attached to the affidavits or reply affidavits the arbitral procedure was not in accordance all documents relied upon in support of the statements of fact in with the agreement of the parties or.Upon finding that the petition PROVISIONS SPECIFIC TO MEDIATION filed under this Rule is sufficient both in form and in substance. . c. the court may also require the other party to give suitable security.At any time after an agreement is reached. the petitioner shall also attach to the petition awards made in the Philippines. Rule 14.1.Whenever applicable and appropriate. - The court shall. . the court shall either [a] recognize and/or enforce or [b] refuse to recognize and enforce the arbitral award. require the parties to simultaneously submit the affidavits of can be separated from those not so submitted.Any party to a mediation that is not court-annexed may deposit with the court the written settlement agreement. or reply affidavits within a period of not less than fifteen (15) days nor more than thirty (30) days from receipt of the order granting said (iv). country not a signatory to the New York Convention when such country extends comity and reciprocity to awards made in the If the foreign arbitral award or agreement to arbitrate or submission Philippines. Upon would be contrary to public policy. or cross-examination.1. The court finds that: Rule 13. If that country does not extend comity and reciprocity to is not made in English. An authentic copy of the arbitration agreement. Adjournment/deferment of decision on enforcement of (i).11. The recognition or enforcement of the award authority in the country where the award was made. . The composition of the arbitral tribunal or request. the court shall. the court may nevertheless treat a translation of these documents into English. the petition shall have attached to it the arbitral tribunal’s determination of facts and/or interpretation of the following: law. The translation shall such award as a foreign judgment enforceable as such under Rule be certified by an official or sworn translator or by a diplomatic or 39. the written settlement agreement may be deposited. award was made and released in due course of arbitration and is subject to enforcement by the court. . from a review of the petition or opposition. The decisions on matters not submitted to court may. PART III Rule 13. Section 48. a. consular agent. sufficiently discussing the legal issues and the legal bases for the relief prayed for by each other.The court shall set the case for hearing if on the basis of the foregoing submissions there is a need to do so. the court shall cause notice and a copy of the petition to be delivered to RULE 14: GENERAL PROVISIONS the respondent allowing him to file an opposition thereto within thirty (30) days from receipt of the notice and petition. . which resulted from that mediation. The award has not yet become binding on court shall give due priority to hearings on petitions under this Rule. in the meantime.The court before which a petition to recognize and enforce capable of settlement or resolution by a foreign arbitral award is pending. agreement. the parties or has been set aside or suspended During the hearing. the affidavits of witnesses shall take the place of by a court of the country in which that award their direct testimonies and they shall immediately be subject to was made. the parties may be required to AGREEMENTS submit briefs of legal arguments. Hearing.The opposition shall be verified by a person be applied in proceedings before the court relative to a dispute who has personal knowledge of the facts stated therein.9. of the Rules of Court. In the absence of any indication in the award. and Rule 13.The petition shall state the following: The court shall recognize and enforce a foreign arbitral award unless a ground to refuse recognition or enforcement of the foreign arbitral a. an application for the setting aside or suspension of the award has been made with a competent (ii). decisions on matters submitted to arbitration party. or decision thereon if. and In resolving the petition for recognition and enforcement of a foreign arbitral award in accordance with these Special ADR Rules. b. Rule 15.6.8. or Rule 13. motu proprio or upon request of any Rule 15.

8. the other party may file an opposition b.3. Not all of the parties to the civil action are bound by the arbitration agreement and referral to arbitration would result in multiplicity of suits. by submitting written proof of compliance with the Rule 17. and Rule 17.The court shall hear the motion only once and for the purpose of clarifying relevant factual and legal issues. All doubts shall be resolved in favor of the existence of a Rule 15. .The court shall not decline that the agreement is a valid mediated settlement agreement. in whole or in part. . or RULE 17: REFERRAL TO CIAC e.7.Whenever efficiently resolved in its entirety by the Court rather than applicable and appropriate.Rule 15. Otherwise. parties to the mediated settlement agreement and those who may be affected by it. file a verified petition with the same court to enforce said agreement.Upon receipt of the motion to refer the dispute to arbitration by CIAC. or (c) in the National Capital body that would exclusively resolve the dispute. a. where those documents may be found. Referral to arbitration does not appear to be the most prudent action. if the court finds Rule 17.A Regional Trial Court before which a the parties to the civil action who are not bound by the construction dispute is filed shall. Enforcement of mediated settlement agreement.2. it shall dismiss the petition.5. and the respondent has breached that agreement. PART IV PROVISIONS SPECIFIC TO CONSTRUCTION ARBITRATION b.6. Application of the rules on arbitration. a written agreement making the court.5.The written settlement agreement may be jointly upon motion made not later than the pre-trial. dismiss the case and deposited by the parties or deposited by one party with prior notice refer the parties to arbitration to be conducted by the Construction to the other party/ies with the Clerk of Court of the Regional Trial Industry Arbitration Commission (CIAC). (i). Venue.1.The verified petition shall: heard. all motion at least three days before the date of the hearing. . . that to dismiss the civil action and make a referral to arbitration by CIAC there is no merit in any of the affirmative or negative defenses for any of the following reasons: raised.1. assisted by their respective counsel.6. Registry Book. The movant shall ensure receipt by all parties of the a.If the other parties fail to file their opposition on or before the day of the hearing. . the court shall proceed to hear the case.7. immediately executory. unless all parties to Court (a) where the principal place of business in the Philippines of arbitration. Court action. which was movant has cited in the motion particular references to the records deposited with the Clerk of Court of the Regional Trial Court. submit to the court any of the parties is located. motu proprio or . Certificate of Deposit showing that the and enforceable arbitration agreement involving a construction mediated settlement agreement was deposited dispute. Rule 17. Opposition. within fifteen (15) days from receipt of notice or service of the petition. . and Rule 17. Not all of the disputes subject of the civil action may be referred to arbitration.4. construction dispute and the arbitration agreement. in proceedings before the court relative to a dispute subject to construction arbitration. . Contents of petition. . with the Clerk of Court. Name and designate. may. The ultimate facts that would show that the adverse party has defaulted to perform its obligation under said agreement. and (b) be accompanied by proof that are deposited with the court as well as the names and address of the existence of the arbitration agreement.The adverse party may file an opposition. .Any of documents need not be submitted to the court provided that the the parties to a mediated settlement agreement. otherwise. Form and contents of motion. Have attached to it the following: the motion. the where any of those individuals resides. rather than the CIAC. If the arbitration agreement or other document evidencing the existence of that agreement is already part of the record. based on the pleadings and supporting documents submitted by the parties.3. of the parties thereto and the date of enrollment and shall issue a Certificate of Deposit to the party that made the deposit. Rule 15. the court shall order the enforcement thereof. . Dismissal of action. the court shall motu proprio resolve the motion only on the basis of the facts alleged in c. Judicial Region. (b) if any of the parties is an individual.After a summary hearing. State the following: to the motion on or before the day such motion is to be heard. . The addresses of the petitioner and respondents. (i). parties have entered into an arbitration agreement. the rules on arbitration shall be applied in arbitration. The issues raised in the civil action could be speedily and Rule 16. Multiple actions and parties. . . An authentic copy of the mediated After hearing.An order dismissing the mediated settlement agreement or such other affirmative or case and referring the dispute to arbitration by CIAC shall be negative defenses it may have. Opposition. those Rule 15. Court action. the court shall dismiss the civil action and refer the settlement agreement. .The request for dismissal Rule 15. d. Referral immediately executory. and parties to arbitration if it finds. Dismissal of the civil action would prejudice the rights of Rule 17. upon becoming aware that the arbitration agreement.The Clerk of Court of each Regional Trial of the civil action and referral to arbitration shall be through a Court shall keep a Registry Book that shall chronologically list or verified motion that shall (a) contain a statement showing that the enroll all the mediated settlement agreements/settlement awards dispute is a construction dispute. as petitioner or respondent. The opposition shall clearly set forth the reasons why the court should not dismiss the case. The motion shall also contain a notice of hearing addressed to all parties and shall specify the date and time when the motion will be Rule 15. Hearing. RULE 16: GENERAL PROVISIONS c. that there is a valid (ii).4. (ii). upon breach thereof. which must not be later than fifteen (15) days after the filing of the motion. Rule 17.

A combination thereof. or dismissing a petition to d. Recognizing and/or enforcing. for suspension of the action pursuant to Article 2030 of the Civil validity or enforceability of an arbitration agreement Code of the Philippines where the possibility of compromise is pursuant to Rule 3. Any other ADR form. d. Motion for reconsideration. Any ruling on the challenge to the appointment of an PART VI arbitrator. Referral . Enjoining or refusing to enjoin a person from divulging confidential information. Submission of settlement agreement. Early neutral evaluation. any settlement agreement following a neutral or an early neutral c. RULE 18: GENERAL PROVISIONS i.If the other ADR aside. When to move for reconsideration. even after pre-trial. e. 9285. Granting or denying a party an interim measure of proceed with respect to the parties not bound by the arbitration protection. evaluation.8. .1.The motion shall be made in writing stating the ground or grounds therefor and shall be filed with the court and served upon the other party or parties. however. g. arbitration by CIAC.This rule commercial arbitral award and referring the case back to governs the procedure for matters brought before the court the arbitral tribunal.Either party may submit to the court. Rule 18. recognize and/or enforce an international commercial arbitral award. mediated settlement agreement. the parties may jointly move a. Applicability of rules to other forms of ADR. Contents and notice.19. Mediation-arbitration. invalid or unenforceable pursuant to Rule 3. Furthermore.A party may reconsideration may be filed with the Regional Trial Court within a ask the Regional Trial to reconsider its ruling on the following: non-extendible period of fifteen (15) days from receipt of the questioned ruling or order.3. A. . Rule 18. o. the court shall issue an order directing the case to d. the court shall refer them to CIAC for arbitration. Declining a request for assistance in taking evidence. agreement. agreement directly or by reference thereto pursuant to Section 34 of Republic Act No.e.A motion for Rule 19. . Dismissing the petition to set aside an international b. l. An order referring the dispute to arbitration. Any order resolving the issue of the termination of the RULE 19: MOTION FOR RECONSIDERATION. when allowed. file a motion for the court to rulings of the Regional Trial Court: refer the parties to other ADR forms/processes. . the p.If a dispute is already before a court. Denying a request to refer the parties to arbitration.10 (B). Rule 19. c.If the parties manifest that they have agreed to submit all or part of their dispute pending with the court to f. Rule 17. n. Adjourning or deferring a ruling on a petition to set Rule 18. commercial arbitral award. a. issue an order directing the inclusion in b.3.The court may. involving the following forms of ADR: j. Upholding or reversing the arbitral tribunal’s jurisdiction arbitration of those parties who are bound by the arbitration pursuant to Rule 3. even if the court does not recognize and/or enforce the same. either No motion for reconsideration shall be allowed from the following party may before and during pre-trial. and CERTIORARI f. Neutral evaluation. An order granting assistance in taking evidence. That the arbitration agreement is inexistent. Suspending the proceedings to set aside an international Rule 18.1 (A). mini-trial or mediation-arbitration. the neutral third party has the power to make a binding resolution of the dispute). An order appointing an arbitrator. MOTION FOR RECONSIDERATION. e.. a. f. c.e. merely assists the parties in reaching a voluntary agreement). k.2. APPEAL AND CERTIORARI e. PART V PROVISIONS SPECIFIC TO OTHER FORMS OF ADR h. or refusing recognition and/or enforcement of the same. Denying a petition for the appointment of an arbitrator. before which the case is pending. Refusing to grant assistance in taking evidence. Granting or dismissing a petition to enforce a deposited herein rules on arbitration shall apply. the neutral third party commercial arbitral award.1. Applicability of rules on arbitration. b. Rule 18.2. A prima facie determination upholding the existence. APPEAL AND mandate of an arbitrator.. . Recognizing and/or enforcing a foreign arbitral award. At any time during court proceedings. Setting aside an international commercial arbitral award.5.4. . . . Confirming. or m. MOTION FOR RECONSIDERATION Rule 19.-If the other ADR and form/process is more akin to arbitration (i. Applicability of the rules on mediation. vacating or correcting a domestic arbitral award. Mini-trial. Referral. shown. the herein rules on mediation shall apply. recognize and/or enforce an international form/process is more akin to mediation (i.

f. How appeal taken. vacating or correcting/modifying a domestic reconsideration. the other party or parties shall have a non.No party shall be h. Rule 19. contents and the documents. Rule 19. a party to an arbitration is precluded from filing an appeal or a petition for k. Appeal to the Court of Appeals.Upon receipt of the motion for e. and instituted only in the manner. herein provided.15. arbitral award. . .An agreement to refer a dispute to arbitration shall mean that the j. or for verified petition for review in seven (7) legible copies with the Court such other grounds provided under these Special Rules. and action of certiorari from a decision of the Regional Trial Court made under the Special ADR Rules shall be allowed in the instances.500. Granting or dismissing a petition to enforce a deposited appeal through a petition for review or the remedy of a special civil mediated settlement agreement. Opposition or comment. Dismissing the petition to set aside an international comment or upon the expiration of the period to file such opposition commercial arbitration award even if the court does not or comment. Refusing recognition and/or enforcement of a foreign certiorari questioning the merits of an arbitral award. proof of service of the petition. .12. Resolution of motion. the court can only vacate or set aside the decision within fifteen (15) days from notice of the decision of the Regional of an arbitral tribunal upon a clear showing that the award suffers Trial Court or the denial of the petitioner’s motion for from any of the infirmities or grounds for vacating an arbitral award reconsideration.00 for costs. Reversing the ruling of the arbitral tribunal upholding its jurisdiction.The remedy of an l. Enjoining or refusing to enjoin a person from divulging fees. Rule on judicial review of foreign arbitral award. Recognizing and/or enforcing an international allowed a second motion for reconsideration. which should accompany the petition. Prohibited alternative remedies. those provided in the Special ADR Rules. . only be allowed from the following final orders of the Regional Trial together with certified true copies of such material portions of the Court: record referred to therein and other supporting papers.The petition for review shall be filed As a general rule. with proof of service of a copy thereof on the adverse party and on the Regional Trial Court.A motion for reconsideration shall be resolved within thirty (30) days from receipt of the opposition or g.5. b.13. arbitral award. arbitral award shall be final and binding. Rule 19.Rule 19. the confidential information.16. Rule 19. shall dismiss the petition if it fails to comply with the foregoing requirements regarding the payment of the docket and other lawful d. Denying a petition for appointment of an arbitrator. Rule on judicial review on arbitration in the Philippines. the court shall entertain such ground for the setting aside or non-recognition of the arbitral Upon the filing of the petition and unless otherwise prescribed by award only if the same amounts to a violation of public policy. Rule 19. commercial arbitration award.14. m. and (d) contain a sworn certification against forum shopping as provided in a. . Where to appeal. without C.The Appeals denies the motion. but shall have no power to vacate or set aside a foreign arbitral award. Rule 19.11. Granting or denying an interim measure of protection. . the petitioner shall pay the docketing court can deny recognition and enforcement of a foreign arbitral and other lawful fees and deposit for costs within fifteen days from award only upon the grounds provided in Article V of the New York the notice of the denial.Appeal shall be taken by filing a an international arbitration under Article 34 of the Model Law. Dismissing a petition to enforce an international commercial arbitration award. The petition shall state the specific material dates showing that it was filed within the period fixed herein.The court c. Contents of the Petition.8. (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review. . the Court of Appeals. 876 or under Rule 34 of the Model Law in a domestic arbitration. Setting aside an international commercial arbitration award. If the Court of Rule 19.An appeal under this Rule shall be the Special ADR Rules. under Section 24 of Republic Act No.4.An appeal to the Court clearly legible duplicate original or a certified true copy of the of Appeals through a petition for review under this Special Rule shall decision or resolution of the Regional Trial Court appealed from. B. decide to recognize or enforce such award.6. No second motion for reconsideration. . . Effect of failure to comply with requirements. Rule 19. provided under this Rule. . deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. the petitioner shall pay to the clerk of court of the Court of Appeals docketing fees and other lawful fees of The court shall not set aside or vacate the award of the arbitral P3.The petition for review shall (a) state the full names of the parties to the case.17. Subject matter and governing rules. the deposit for costs. or for setting aside an award in Rule 19. .Where the remedies of appeal and certiorari are specifically made available to a party under Rule 19. (c) be accompanied by a Rule 19. Confirming. . . extendible period of fifteen (15) days to file his opposition or comment. The original copy of the If the Regional Trial Court is asked to set aside an arbitral award in a petition intended for the Court of Appeals shall be marked original domestic or international arbitration on any ground other than by the petitioner. . APPEALS TO THE COURT OF APPEALS impleading the court or agencies either as petitioners or respondent. or of fact and law. the Rules of Court. Rule 19. Convention. or of law.00 and deposit the sum of P500. of Appeals. No appeal or certiorari on the merits of an arbitral award. Consequently. GENERAL PROVISIONS ON APPEAL AND CERTIORARI i. . tribunal merely on the ground that the arbitral tribunal committed errors of fact.9. as the court cannot Exemption from payment of docket and other lawful fees and the substitute its judgment for that of the arbitral tribunal. recourse to one remedy shall preclude taken to the Court of Appeals within the period and in the manner recourse to the other. Recognizing and/or enforcing a foreign arbitral award. Denying a petition for assistance in taking evidence.10. Rule 19.7. When to appeal.

. Action on the petition. the judgment. Denying a petition for assistance in taking evidence. speedy. Holding that the arbitration agreement is inexistent. Arbitral tribunal a nominal party in the petition.29. . and adequate remedy in the ordinary Rule 19. .00 and deposit the sum of P500.26. Effect of appeal. either confirming or enforcing an arbitral award. Court of Appeals directs otherwise upon such terms as it may deem recognize and or enforce an international commercial just. When to file petition.The petition shall be accompanied by a certified true copy of the questioned judgment. Subject of appeal restricted in certain instance. or denying a petition to set aside or vacate the arbitral award to post a bond Rule 19. a party may file a special civil action for certiorari to within ten (10) days from notice in seven (7) legible copies and annul or set aside a ruling of the Regional Trial Court. Any such inquiry into a question setting forth valid grounds therefor. h. . and (b) state the reasons why the petition should be denied or dismissed. it shall dismiss the e. the arbitral tribunal shall not be required to submit any pleadings or written submissions to the Failure of the petitioner to post such bond shall be a ground for the court. . copy thereof shall be served on the petitioner. . copies of all pleadings and documents relevant from the time the case is submitted for decision. Confirming. Contents of Comment.27. Rule 19. denial.24. No appealing from the decision or a final order of the Regional Trial extension of time to file the petition shall be allowed. notice that the petition has been given due course. the Court of Appeals may set the case for oral argument or pending appeal. Party appealing decision of court confirming arbitral Rule 19. or dismiss the Rule 19. Adjourning or deferring a ruling on whether to set aside. and on the basis of the petition or the records. Granting or refusing an interim relief. If the Court of Appeals denies of fact shall not be resorted to for the purpose of substituting the the motion. in making a ruling under the Special ADR Rules.The Court of Appeals may D.If upon the filing of a comment or such determination upholding its jurisdiction. Rule 19. or with grave abuse of appear to be prima facie meritorious. within ten (10) days from notice.21.The petition must be filed with award required to post bond. . Denying the request to refer the dispute to arbitration. certiorari. The arbitral tribunal or an arbitrator may. Allowing a party to enforce a foreign arbitral award course. A a. and pertinent thereto. other pleading or documents as may be required or allowed by the Court of Appeals or upon the expiration of the period for the filing thereof. and require the parties to submit memoranda within a period of fifteen (15) days from notice. f. Rule 19. . the petitioner shall pay to the clerk of court of on a finding of fact. and there is no appeal or any plain. Appeals finds prima facie that the Regional Trial Court has committed an error that would warrant reversal or modification of d. Appeals may require or permit subsequent correction of or addition to the record. The case shall be deemed submitted for k. the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the g. . order or resolution of the The Court of Appeals shall render judgment within sixty (60) days Regional Trial Court. otherwise. Certiorari to the Court of Appeals. service shall be filed with the Court of Appeals. not a motion to dismiss.25. judgment. Rule 19.28. discretion amounting to lack or excess of jurisdiction.The Court of Appeals shall within the Court of Appeals within fifteen (15) days from notice of the fifteen (15) days from receipt of the petition require the party judgment. Submission for decision. vacating or correcting a domestic arbitral Rule 19. inaccuracies in petitioner’s statement of facts and issues. SPECIAL CIVIL ACTION FOR CERTIORARI require the respondent to file a comment on the petition. same. . upon consideration of the grounds alleged and the Trial Court. or resolution sought to be reviewed. final order. Court. . Suspending the proceedings to set aside an international proceeding under review. decision upon the filing of the last pleading or memorandum required by the Court of Appeals. it may give due course to the petition. b.19. Reversing the arbitral tribunal’s preliminary Rule 19. arbitral award.If the decision of the Regional Trial Court refusing to recognize and/or Upon the filing of the petition and unless otherwise prescribed by enforce. Allowing a party to enforce an international commercial arbitral award pending appeal. .18. final order or resolution sought to be reviewed unless the i. vacating and/or setting aside an arbitral award is premised the Court of Appeals. that the petition does not without or in excess of its jurisdiction. The comment shall (a) point out insufficiencies or orders of the court. order or resolution sought to be annulled or set aside. such pleadings or written submissions if the same serves the interest of justice. .The comment shall be filed course of law. has acted legal briefs submitted by the parties.500. Form. Exemption from ground under the arbitration laws of the Philippines relied upon by payment of docket and other lawful fees and the deposit for costs the Regional Trial Court to refuse to recognize and/or enforce. accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other A special civil action for certiorari may be filed against the following supporting papers.If the petition is given due j.22. Due course.The appeal shall not stay the award. Rule 19. and proof of such invalid or unenforceable. The record to be transmitted may be commercial arbitral award and referring the case back to abridged by agreement of all parties to the proceeding. Transmittal of records.23.Rule 19. however. submit Court of Appeals to dismiss the petition.Within fifteen (15) days from award. and a sworn certification of non-forum shopping as provided in the Rules of Court.When the Regional petition if it finds.00 for costs.The executed in favor of the prevailing party equal to the amount of the arbitral tribunal shall only be a nominal party in the petition for award. the Court of c. the Court of Appeals may inquire only into such the Court of Appeals docketing fees and other lawful fees of fact to determine the existence or non-existence of the specific P3. As nominal party. the petitioner shall pay the docketing and other lawful court’s judgment for that of the arbitral tribunal as regards the fees and deposit for costs within fifteen days from the notice of the latter’s ruling on the merits of the controversy. Denying a petition for the appointment of an arbitrator. The Court of the arbitral tribunal. may be granted by the Court of Appeals upon a verified motion vacate and/or set aside an award.20.

the constitution of the arbitral tribunal. Failed to apply any provision. Appeals’ determination of questions of fact. and insubstantial to require consideration.If the petition is sufficient in form and substance to justify such process. the Supreme Court may for justifiable Rule 19. The error imputed to the Court of arbitral award. the Court of Appeals shall Rule 19. or of the denial of the petitioner's motion shall not prevent the arbitral tribunal from continuing the for new trial or reconsideration filed in due time after notice of the proceedings and rendering its award.30. d. (d) be accompanied by a clearly legible controlling nor fully measuring the court's discretion. proof of service of petition. or that the questions raised therein are too substantial prejudice to the aggrieved party.41. Committed an error so egregious and harmful to a party Rule 19. but of sound judicial discretion.39.The court shall dismiss the serious and substantial error or that it has acted with grave abuse of petition if it fails to comply with Rules 19. restrictive nature of the order or resolution certified by the clerk of court of the court a quo grounds that will warrant the exercise of the Supreme Court’s and the requisite number of plain copies thereof. or is prosecuted contained in these Special ADR Rules resulting in manifestly for delay. shall not warrant the exercise of the Supreme .42. . .31. the arbitral tribunal shall not be included even as a Appeals must be grounded upon any of the above prescribed nominal party. . when a motion for new Rule 19. account thereof. Docket and other lawful fees. and the contents of and b. . be distinctly set forth. indicate the duplicate original. .The Court of Appeals reasons grant an extension of thirty (30) days only within which to shall not. Dismissal or denial of petition.The petition shall be filed A petition for certiorari to the court from the action of the within fifteen (15) days from notice of the judgment or final order or appointing authority or the arbitral tribunal allowed under this Rule resolution appealed from. the arbitral proceedings and any award rendered therein will be subject to the final outcome of the On motion duly filed and served.After the comment orders otherwise. prohibit file the petition. which will be denial thereof was received. concerned and on the adverse party shall be submitted together with the petition. Due course.A certified copy of the judgment rendered in accordance with the last Rule 19. Order to comment. Rule 19. the court shall fees to the clerk of court of the Supreme Court of P3. Prohibition against injunctions.36. or enjoin the commencement of arbitration. within a non-extendible the petition. and necessarily. The following.500. Rule 19. of law or both questions of fact and law. Should the arbitral tribunal judgment. and being indicated as such by the petitioner. . the tribunal may be notified of the grounds for review or be closely analogous thereto. A mere general allegation that the Court of Appeals has committed Rule 19. proof of service of the petition. name of the appealing party as the petitioner and the adverse party as respondent. Proof of service of a copy thereof on the lower court period of fifteen (15) days. shall constitute sufficient ground for the Supreme Court to dismiss outright the petition. Contents of petition. . Review discretionary. However. without impleading the lower courts or judges E. and (e) contain a sworn certification against forum shopping.Unless he has theretofore done so or unless the Supreme Court Rule 19. the petition does not appear to be prima discretion and the serious prejudice suffered by the petitioner on facie meritorious.35. or a certified true copy of the judgment or final serious and compelling. or the time for the filing thereof has expired. . Time for filing.A review by the Supreme Court is trial or reconsideration.28 above. policy or rule the ground that the appeal is without merit. the petitioner shall pay docket and other lawful is filed. . Such order shall be may file with the Supreme Court a verified petition for review on served on the respondents in such manner as the court may direct. or denying the same.40. APPEAL BY CERTIORARI TO THE SUPREME COURT thereof either as petitioners or respondents.32. Rule 19. the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen The mere fact that the petitioner disagrees with the Court of (15) days from notice.00 and render judgment granting the relief prayed for or to which the deposit the amount of P500. or the continuation of arbitration. and such material discretionary powers.A party desiring immediately issue an order requiring the respondent or respondents to appeal by certiorari from a judgment or final order or resolution to comment on the petition within a non-extendible period of of the Court of Appeals issued pursuant to these Special ADR Rules fifteen (15) days from receipt of a copy thereof. or discretion resulting in substantial prejudice to the petitioner without upon consideration of the ground alleged and the legal briefs indicating with specificity the nature of such error or abuse of submitted by the parties. Filing of petition with Supreme Court. with full payment of the docket pending petition for certiorari. during the pendency of the proceedings before it. and other lawful fees and the deposit for costs before the expiration of the reglementary period. when the Court of Appeals: portions of the record as would support the petition. The petition shall raise only questions of law. regarding the payment of the docket and other lawful fees.27 and 19. . .34. proceedings and furnished with court processes.The petition shall be filed in preceding section shall be served upon the Regional Trial Court eighteen (18) copies.38. Erred in upholding a final order or decision despite the the documents which should accompany the petition shall be lack of jurisdiction of the court that rendered such final sufficient ground for the dismissal thereof.In petitions relating to the recognition and enforcement of a foreign Court’s discretionary power. certiorari. which must together with a copy of the petition and any annexes thereto. (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received. was filed and when notice of the not a matter of right. Rule 19. due course. (c) set forth concisely a statement of granted only for serious and compelling reasons resulting in grave the matters involved. if any. and shall (a) state the full disobedience thereto shall be punished as contempt.00 for costs at the time of the filing of petitioner is entitled. Rule 19.The failure of the arriving at its decision resulting in substantial prejudice to petitioner to comply with any of the foregoing requirements the aggrieved party. elevation of records. Court to dismiss petition. and the reasons or arguments relied on for the prejudice to the aggrieved party. while neither allowance of the petition. Service and enforcement of order or judgment. Proceedings after comment is filed.If the petition is given as to amount to an undeniable excess of jurisdiction. Failed to apply the applicable standard or test for judicial review prescribed in these Special ADR Rules in Rule 19. .37. The Supreme Court may on its own initiative deny the petition on c. principle. Arbitration may continue despite petition for certiorari. order or decision. with the original copy intended for the court concerned in such manner as the Court of Appeals may direct. continue with the proceedings. deposit for costs. .33. a. extension.

000. denied and the court finds.2.The Rule 20.A Republic of the Philippines. . On recognition and enforcement of a foreign arbitral RULE 25: ONLINE DISPUTE RESOLUTION award. domestic arbitration or in an international commercial arbitration. mediation or other ADR forms covered by the ADR Act. the party praying for recognition and enforcement or for PhP 30. shall arbitral tribunal on a preliminary question upholding its jurisdiction. PhP 20.00 .000.00 .4.1. The costs shall include PhP 40. The costs shall Rules shall govern the procedure for matters brought before the include attorney’s fees the party has paid or is committed to pay to court involving Online Dispute Resolution.000. or enforce a mediated settlement agreement shall be as follows: The prevailing party shall be entitled to an award of costs with respect to the proceedings before the court.000. Scope of Online Dispute Resolution. . his counsel of record.Considering its procedural "Costs" shall include reasonable attorney’s fees. The court shall determine the FINAL PROVISIONS reasonableness of the claim for attorney’s fees.000.000. other Rule 21. Rule 21. may not prejudice or impair vested rights in accordance with law. respondent.000.1.if the award does not exceed PhP 20. .6.if the award does not exceed PhP setting aside an arbitral award shall submit a statement under oath 50.At the time the case is submitted to the court for decision.00 Rule 21. based on proof submitted by unless the parties agree otherwise. as authorized under these Special Rules not covered under any of the foregoing provisions. Costs.If.000. Filing fee for action to enforce as a counter-petition. PART VII the unsuccessful party.Unless otherwise agreed upon by the parties in writing. . .At the time the case is submitted to the court for decision. Applicability of Rules of Court. an international commercial arbitration submitted as a petition to Local governments and government controlled corporation with or enforce and/or recognize an award in opposition to a timely petition with or without independent charters are not exempt from paying to vacate or set aside the arbitral award shall require the payment of such fees. at the time the case is submitted to the court for decision. Deposit fee for mediated settlement agreements. . relief. Rules of Court that are applicable to the proceedings enumerated in Rule 1.1 of these Special ADR Rules have either been included and Rule 20. . .000.000.The filing fee for filing a petition an arbitral award. .2. Rule 24.1. .Online Dispute The prevailing party shall be entitled to an award of costs which shall Resolution shall refer to all electronic forms of ADR including the use include the reasonable attorney’s fees of the prevailing party against . Filing fee in petitions or counter-petitions to confirm or award shall submit a statement under oath confirming the costs he enforce. PhP 50. however.if the award exceeds PhP 100. which shall include reasonable attorney’s fees of the prevailing party The minimal filing fee payable in "all other actions not involving against the unsuccessful party. for any reason.The filing fee for the incorporated in these Special ADR Rules or specifically referred to filing of any other proceedings. The Special ADR Rules. it shall also order the petitioner to pay the respondent all reasonable costs and expenses incurred in opposing the petition. On the dismissal of a petition against a ruling of the Rules or provisions hereof which are not affected thereby. The court shall determine the property" shall be paid by the petitioner seeking to enforce foreign reasonableness of the claim for attorney’s fees. .000.3.4. vacate or set aside an arbitral award in a party has paid or is committed to pay to his counsel of record. .00 unsuccessful party. Bill of Costs. In connection with the above proceedings. . that the amount of costs incurred is reasonable.00. the party praying for confirmation or vacation of an arbitral Rule 20.00 The prevailing party shall be entitled to an award of costs.Any party to a mediated settlement agreement who deposits it with the Rule 22.00 .00 . continue to be in full force and effect. any part of the Special ADR Rules shall be held unconstitutional or invalid.if the award does not exceed PhP attorney’s fees the party has paid or is committed to pay to his 100. the Special ADR Rules shall be applicable to all pending award costs upon application of the respondent after the petition is arbitration.00 confirming the costs he has incurred only in the proceedings for such recognition and enforcement or setting-aside. including applications for interim herein. the Rules of Evidence shall be liberally construed to achieve the objectives of the Special RULE 21: COSTS ADR Rules. the Special ADR such recognition and enforcement or setting-aside.00 .00.2. . Filing fee for other proceedings. its agencies and instrumentalities are petition to enforce an arbitral award in a domestic arbitration or in exempt from paying legal fees provided in these Special ADR Rules. Rule 23. RULE 20: FILING AND DEPOSIT FEES Rule 21.if the award does not exceed PhP reasonable attorney’s fees of the prevailing party against the 1.000.00 counsel of record. Government’s exemption from payment of fees. the filing fees prescribed in Rule 20.3. . If the Regional Trial Court dismisses the petition against the ruling of the arbitral tribunal on a preliminary question upholding its RULE 24: TRANSITORY PROVISIONS jurisdiction. The court shall character.000. which shall include the PhP 10.1 above. Applicability of the Special ADR Rules to Online Dispute costs he has incurred only in the proceedings in the Philippines for Resolution. The costs shall include the attorney’s fees the to confirm or enforce. shall be P10.1. Costs.5. Rule 21. The court shall determine the reasonableness of the claim for attorney’s fees. the party praying for recognition and enforcement of a foreign arbitral award shall submit a statement under oath confirming the Rule 25.000.The costs of the ADR proceedings shall be borne RULE 23: SEPARABILITY by the parties equally unless otherwise agreed upon or directed by the arbitrator or arbitral tribunal. Separability Clause.000.The provisions of the clerk of court shall pay a deposit fee of P500. vacate or set aside arbitral award or for the enforcement of has incurred only in the proceedings for confirmation or vacation of a mediated settlement agreement.Whenever applicable and appropriate. RULE 22: APPLICABILITY OF THE RULES OF COURT Rule 20.1. arbitral awards under the New York Convention in the Philippines. Transitory Provision.1.000. Rule 21. Rule 25.

An mortgage if the same has not yet been foreclosed or confirm the arbitration agreement in a contract of loan extends to and covers validity of such foreclosure if made before the rendition of the the accessory contract securing the loan such as a pledge or a arbitral award and had not been enjoined. if such action against the collateral parties in the arbitration agreement or by a default Appointing is taken before the arbitral tribunal is constituted.2.The commencement of the contract securing the loan. . executed by a person other than the borrower only if arbitration agreement shall not preclude the lender from availing such third-party securing the loan has agreed in the accessory himself of the right to obtain satisfaction of the loan under the contract. suspend or enjoin the lender from proceeding against the collateral securing the loan pending final determination by the arbitral tribunal of the dispute brought to it for decision under such contract of loan. Arbitration involving a third-party provider of security. the borrower providing security for the payment of his loan who is aggrieved by the action taken by the lender against the collateral securing the loan may apply to the arbitral tribunal for relief.4.5.The borrower providing security for the payment of his arbitration before a sole arbitrator or a panel of three arbitrators to loan who is aggrieved by the action taken by the lender against the be appointed either by an Appointing Authority designated by the collateral securing the loan may. Effectivity. borrower and the third party securing the loan agree to designate a common arbitrator. and a third arbitrator the lender to proceed against the collateral. borrower as well as the relationship between the lender and such third-party including the right of the lender to proceed against the By agreeing to refer any dispute under the contract of loan to collateral securing the loan. his agreement to be bound by the arbitration agreement in The lender may likewise institute foreclosure proceedings against the contract of loan shall pertain to disputes arising from or in the collateral securing the loan prior to the commencement of the connection with the relationship between the lender and the arbitral proceeding. pending the constitution of the arbitral the dispute shall be resolved by a panel of three arbitrators to be tribunal. including a claim for damages. If any such action is filed in court. shall be only or constituting an arbitral tribunal in a multi-party arbitration.of the internet and other web or computed based technologies for An arbitration agreement in a contract of loan precludes the facilitating ADR. including the default of an agreement on the manner of appointing an arbitrator right of the lender to proceed against the collateral. either directly or by reference. Rule A. mortgage.An arbitration agreement contained in a contract of loan between the Rule A. An application to the court may also be made by the borrower against any action taken by the lender against the collateral securing the loan but only if the arbitral tribunal cannot act effectively to prevent an irreparable injury to the rights of such borrower during the pendency of the arbitral proceeding. in aid of the arbitral proceeding before it. the lender who is secured by an accessory contract of the relationship exclusively between the borrower and the provider real estate mortgage shall be deemed to have waived his right to of security such as that involving a claim by the provider of security obtain satisfaction of the loan by judicial foreclosure. Remedy of the borrower against an action taken by the In this multi-party arbitration among the lender. against such action of the lender. guaranty or arbitral proceeding under the contract of loan containing an suretyship. . Remedy of borrower against action taken by the lender against the collateral after the arbitral tribunal has been constituted. Such interim relief may be obtained only in a special In default of an agreement on the manner of appointing arbitrators proceeding for that purpose. judicial foreclosure of the collateral under the real estate mortgage in accordance with Act No. such as a pledge.The Special ADR Rules shall take effect fifteen account of the arbitration agreement. the borrower and lender against the collateral before the constitution of the arbitral the third party securing the loan. who shall serve as the chairperson of the arbitral panel to be designated by the two party-designated arbitrators.3. apply with the Authority under the law. Unless otherwise expressly agreed upon by the third-party securing the loan.The arbitral tribunal. against the collateral.6. Foreclosure of pledge or extra-judicial foreclosure of lender and the borrower extends to and covers an accessory mortgage not precluded by arbitration. arbitration shall be decided by a panel of three After the arbitral tribunal is constituted. the parties may agree to submit to tribunal. RULE A: GUIDELINES FOR THE RESOLUTION OF ISSUES RELATED TO ARBITRATION OF LOANS SECURED BY COLLATERAL The arbitral tribunal shall have the authority to resolve the issue of the validity of the foreclosure of the thing pledged or of the Rule A. . the court shall stay its arbitrators: one to be designated by the lender. 3135. (15) days after its complete publication in two (2) newspapers of general circulation. Relief that may be granted by the arbitral tribunal. but shall exclude disputes pertaining to arbitration. Rule A. . Any determination made by the court in that special designated by the Appointing Authority under the law. to be bound by such accessory contract by foreclosure of the thing pledged or by extra. the other to be proceedings and defer to the jurisdiction of the arbitral tribunal over designated jointly by the borrower and the provider of security who the entire controversy including any question regarding the right of have agreed to designate the same arbitrator.After the arbitral tribunal is constituted. . . arbitration agreement.1. for indemnification against the borrower. if the provisional in nature. mortgage executed by the borrower in favor of the lender under that contract of loan. . borrower therein providing security for the loan from filing and/or proceeding with any action in court to prevent the lender from RULE 26: EFFECTIVITY foreclosing the pledge or extra-judicially foreclosing the mortgage. against the action taken by the lender or of constituting the arbitral tribunal in such multi-party arbitration.1. But even in proceeding pertaining to the merits of the controversy. appropriate court for interim relief against any such action of the lender. . Rule A. Applicability of an arbitration agreement in a contract of extrajudicial foreclosure of the collateral under the real estate loan applies to the accessory contract securing the loan. may upon submission of adequate security. the lender shall have the right provided in the Special ADR Rules to have such action stayed on Rule 26. Rule A.