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2-D
ADR
The Evolution of Arbitration in the Philippines
The Philippine congress enacted the first arbitration law that provides for a
complete procedure for the settlement of disputes of parties through arbitration.
However, there are some flaws in its provisions because it’s too broad and fail to satisfy
the standards of arbitration systems.
The Congress approved the Alternative Dispute Resolution Act of 2004 that
provides a more comprehensive, updated set of rules to govern alternative dispute
resolution in the country, and has paved the way to making ADR a more viable option
for resolving disputes.
This article aims to show how the parties given the opportunities to resolve their
dispute out of court. This article also declares to actively promote party autonomy in the
resolution of disputes or the freedom of the parties to make their own arrangements to
resolve their disputes and with the greatest cooperation of the least intervention from
the court. In addition it also preserve the court’s power of judicial review over ADR
proceedings that court shall intervene only in the cases allowed by law or Special ADR
Rules.
Javier, Kenneth John T.
2-D
ADR