1. What laws regulates arbitration in the Philippines?

 In international commercial arbitration, the parties can be represented by local

or foreign counsel.
 Civil Code of the Philippines.
 As a general rule, arbitral awards are not appealable on the merits.
 Republic Act 9876 otherwise known as the Arbitration Law.
 A foreign arbitral award, which may be enforced in the Philippines pursuant to
 Republic Act 9285 otherwise known as the Alternative Dispute Resolution Act of
the New York Convention on the Recognition and Enforcement of Foreign
2004 (Alternative Dispute Resolution Act of 2004).
Arbitral Awards, is generally easier to enforce compared to foreign court
 Supreme Court's A.M. No. 07-11-08-SC 01 September 2009 or the Special Rules of
judgments.
Court on Alternative Dispute Resolution

2.What is Arbitration? 6. Types of arbitration

Arbitration is a process where the parties agree to submit their disputes to a neutral
arbitrator or tribunal, who renders an award after hearing the parties. Legally, it is defined as
a voluntary dispute resolution process whereby one or more arbitrators, appointed in
accordance with the agreement of the parties, or under rules promulgated pursuant to
Republic Act No. 9285 (2004) and its Implementing Rules and Regulations (IRR), resolve a
dispute by rendering an award. [Republic Act No. 9285 (2004) or “ADR Act of 2004”, Sec.
3(d); DOJ DC No. 98, s. 2009; IRR of ADR Act of 2004), Rule 2, Art. 1.6, Sec. A (3)].
3. Arbitration distinguished from mediation:
• In arbitration, it is the arbitrator who decides the dispute and renders an arbitral award to
conclude the proceeding. In mediation, it is the parties themselves who enter into and
execute a mediated settlement agreement to conclude the proceeding.
• Arbitration is merit/evidence-based. Mediation is not necessarily evidence-based.
Arbitration is different from court litigation in many ways. The basic difference, however, is
that arbitration is a private and voluntary dispute resolution process. It is contractual in
nature and is less formal. The tribunal derives its authority to resolve the dispute from the
consent of the parties. No one may compel another to arbitrate, unless they have previously
agreed to resolve their dispute by arbitration.
4. Arbitration as distinguished from the court trial system:
The basic difference between arbitration and litigation is that court is involved in the case of
litigation, as it is a lawsuit, it is governed by rules of court, whereas, in arbitration, a
settlement between the parties is done out of court, autonomy of parties are encouraged.
5. Advantages of arbitration over court litigation:
Some of the advantages of arbitration over court litigation are:
 The parties may choose the arbitrators, whether local or foreign, who have the
necessary skills and technical expertise to hear and adjudicate a dispute.
 Proceedings are private and confidential.
 Compared to court litigation, arbitration is generally faster and more cost
efficient.
 Parties can choose the place of arbitration and the venue of the proceedings.
Arbitration may be institutional or ad hoc.
Institutional arbitration is administered by an entity registered as a domestic corporation
with the Securities and Exchange Commission (SEC) and engaged in, among others,
arbitration of disputes in the Philippines on a regular and permanent basis, e.g., the PDRC
[IRR of ADR Act of 2004, Sec. D (10)].
Ad hoc arbitration is arbitration administered by an arbitrator or by the parties themselves.
An arbitration administered by an institution shall be regarded as ad hoc arbitration if such
institution is not a permanent or regular arbitration institution in the Philippines [IRR of ADR
Act of 2004, Sec. D (1)].
7. What are some of the advantages of institutional arbitration compared to ad hoc?
-Generally, institutional arbitration has the advantage of predictability and certainty. The
arbitration undergoes a process that both parties accept in advance of the dispute, from the
appointment of the tribunal, to the venue and conduct of the proceeding, to the time limit,
up to the rendition and enforcement of the final award. The parties are also familiar with the
cost of institutional arbitration, which apply uniformly to all disputes.
8.regardless of the agreement of the parties, are there mandatory provisions providing for
the vacation of domestic awards? What are its effect?
Regardless of the agreement of the parties, domestic awards can be vacated on the following
grounds (rule 11.4, Special Rules of Court on Alternative Dispute Resolution):
 The arbitral award was procured through corruption, fraud or other undue means.
 There is evidence of partiality or corruption in the arbitral tribunal or any of its
members.
 The arbitral tribunal was guilty of misconduct or any form of misbehaviour that has
materially prejudiced the rights of any party.
 One or more of the arbitrators was disqualified to act as such under the law and
deliberately refrained from disclosing this disqualification.
 The arbitral tribunal exceeded its powers, or imperfectly executed them, so that a
complete, final and definite award on the subject matter submitted to them was not
made.
 The arbitration agreement did not exist, is invalid or is otherwise unenforceable.
 A party to arbitration is a minor or a person judicially declared to be incompetent.

9. What matters/issues may not be the subject of arbitration?
Controversies and to cases which are subject to the jurisdiction of the Court of Industrial
Relations (Now NLRC) or which have been submitted to it
10. Does the law of limitation apply to arbitration proceeding? (Broad nung tanung, check
and recheck nlng)
Ans.
The following matters cannot be the subject of arbitration:
 Labour disputes covered by the Labour Code.
 Civil status of persons.
 Validity of marriage.
 Any grounds for legal separation.
 Jurisdiction of courts.
 Future legitime (that is, the future right of an heir to the portion of the deceased's
property which he is entitled under the law regardless of the provisions in the
predecessor's will).
 Criminal liability.
 Future support (that is, the right to the support of spouses, descendants,
ascendants and siblings at some future time).
(Section 6, Republic Act 9285 otherwise known as the Alternative Dispute Resolution Act
of 2004 and Article 2035, Civil Code of the Philippines
There is no specific Philippine legal provision that governs limitation periods in arbitration
proceedings. However, as the right to arbitrate arises from a written contract between the
parties, the general law of limitation may apply, which states that proceedings must be
commenced within ten years from the date the right to institute arises under the written
contract of the parties (Article 1144, Civil Code of the Philippines (Civil Code)).
However, nothing prohibits the parties, from agreeing on a different period of limitation as
well as the grounds for suspension of the time limits. The usual causes like force majeure are
applicable and contracting parties can establish such stipulations, clauses, terms and
conditions as they deem convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy (Article 1306, Civil Code).
However, the Philippine Supreme Court recognises the equitable defence of laches (that is,
the failure or neglect, for an unreasonable and unexplained length of time, to do that which,
by exercising due diligence could or should have been done earlier). It is negligence or
omission not to assert a right within a reasonable time, warranting the presumption that the
party entitled to assert his right has either abandoned or declined to assert it (Heirs of Nieto
vs. Municipality of Meycauayan, 540 SCRA 100 (2007)).
11. Which arbitration organization are commonly used to resolve large commercial
disputes?
The Construction Industry Arbitration Commission (CIAC) and the Philippine Dispute
Resolution Center Inc (PDRCI) are commonly used to resolve large commercial disputes in the
Philippines.
12. What remedies are available where one party denies that the tribunal has jurisdiction
to determine the disputes?
A party questioning the jurisdiction of an arbitral tribunal can apply to the local courts for
judicial relief in determining the issue of the existence, validity and enforceability of the
arbitration agreement. However, when a court is asked to rule on issues affecting the
competence or jurisdiction of an arbitral tribunal in a dispute brought before it, the court
must exercise judicial restraint and defer to the competence or jurisdiction of the arbitral
tribunal by allowing the arbitral tribunal the first opportunity to rule on such issues (rule 2.4,
Special Rules of Court on Alternative Dispute Resolution) (Special ADR Rules)).
13. Does the tribunal or the local court determine issues of jurisdiction? Does your
jurisdiction recognise the concept of kompetenz-kompetenz?
A party questioning the jurisdiction of an arbitral tribunal can apply to the local
courts for judicial relief in determining the issue of the existence, validity and
enforceability of the arbitration agreement. However, when a court is asked to rule
on issues affecting the competence or jurisdiction of an arbitral tribunal in a
dispute brought before it, the court must exercise judicial restraint and defer to the
competence or jurisdiction of the arbitral tribunal by allowing the arbitral tribunal
the first opportunity to rule on such issues (rule 2.4, Special Rules of Court on
Alternative Dispute Resolution) (Special ADR Rules)).
However, the Special ADR Rules also recognise the principle of kompetenz-
kompetenz, which means that the arbitral tribunal can initially rule on its own
jurisdiction, including any objections with respect to the existence or validity of the
arbitration agreement (rule 2.2, Special ADR Rules).
14. What are the requirements for an arbitration agreement to be enforceable?
The following are the requirements:
a. Substantive/formal requirements
An arbitration agreement can arise in the following ways:
Two more persons can agree to submit to an arbitration of one or more
arbitrators, any controversy existing between them at the time of the submission,
which may be the subject of an action.
The parties to any contract can agree to settle by arbitration a
controversy thereafter arising between them.
Such submission or contract will be valid, enforceable, and irrevocable,
save on such grounds that exist under the law for revocation of any contract
 (section 2, Republic Act 9876 otherwise known as the Arbitration Law) (Arbitration
Law).
A contract or a submission to arbitrate, must be in writing and signed by
the parties or their lawful agents (section 4, Arbitration Law).
15. Are unilateral or optional clauses where one party has the right to choose arbitration,
enforceable?
There is no express prohibition on unilateral or optional clauses. Therefore, an arbitration
agreement giving one party the right to choose arbitration is likely to be enforceable under
the principle of party autonomy (section 2, Republic Act 9285 otherwise known as the
Alternative Dispute Resolution Act of 2004 ).
16. In what circumstances can a third party that did not sign the contract incorporating the
arbitral clause in question entitled to compel a party that did not sign the contract to
arbitrate dispute resulting to the contract?
As a general rule, an arbitration agreement is consensual and therefore only binding on the
contracting parties. Therefore, parties that did not sign the contract cannot be compelled to
arbitrate disputes relating to the contract, except when the contract contains a reference to
a document containing an arbitration clause to which the third party is a signatory.
17. In what circumstance is a third party that did not sign the contract incorporating the
arbitral clause in question entitled to compel a party that did sign the contract to arbitrate
disputes relating to the contract?
A third party that did not sign a contract incorporating an arbitral clause may compel a party
that did sign the contract to arbitrate, if the contract contains a reference to a document
containing an arbitral clause and the reference is such as to make that arbitration clause part
of the contract (section 7(2), UNCITRAL Model Law).
18. Does the applicable law recognise the separability of arbitration agreements?
The Special Rules of Court on Alternative Dispute Resolution (Special ADR Rules) recognize
the principle of separability of the arbitration clause. An arbitration clause must be treated as
an agreement independent of the other terms of the contract of which it forms part.
Therefore, a decision that the contract is null and void will not necessarily lead to the
invalidity of the arbitration clause (rule 2.2, Special ADR Rules).
19. Q. What remedies are available where a party starts court proceedings in breach of an
arbitration agreement or initiates arbitration in breach of a valid jurisdiction clause?
a. Court proceedings in breach of an arbitration agreement.
Where parties have agreed to submit their dispute to arbitration, the local courts must refer
the parties to arbitration, bearing in mind that the arbitration agreement is the law between
the parties and they are expected to abide by it in good faith (rule 2.2 (A), Special Rules of
Court on Alternative Dispute Resolution (Special ADR Rules).
b. Arbitration in breach of a valid jurisdiction clause
A party who initiates arbitration in breach of a valid jurisdiction clause (whether contained in
an arbitration clause or in a submission agreement), can file a motion requesting the local
court to refer the parties to arbitration in accordance with the jurisdiction clause (rule 4.1,
Special ADR Rules).
20. Will the local courts grant an injunction to restrain proceedings started overseas in
breach of an arbitration agreement?
Assuming that a valid application for an injunction has been filed in the local court with
jurisdiction over matter, the court can grant an injunction to restrain the parties to continue
proceedings started overseas in breach of an arbitration agreement.
21. In what circumstance can a third party be joined to an arbitration or otherwise be
bound by an arbitration awards.
A third party can be joined to an arbitration or be bound by an arbitration awards if
the third party is a provider for security. Under the Special Rules for Alternative Dispute
Resolution a third party may be joined and bound by an arbitration award if the party
providing for security is involved in the dispute specifically if the third party agreed to an
arbitration agreement.
22. Are there legal requirements relating to the number and qualifications/characteristics
of arbitrators. Must an arbitration be a natural born Filipino?
Under RA 876 an arbitrator must be: a) of legal age; b)in full enjoyment of his civil
rights; and c) know how to read and write. No arbitrator must be appointed who is related by
blood or marriage with either party of the controversy within 6th degree. No arbitrator shall
have or had any financial, fiduciary or other interest in the controversy.
23. Are there any requisites relating to arbitrators independence/Impartiality
Answer:
-The parties are free to determine the number of arbitrators. However, if this is not expressly
agreed, the default position is three (Article 10, UNCITRAL Model Law (Model Law), section
19, Republic Act 9285 otherwise known as the Alternative Dispute Resolution Act of 2004.
A person appointed as an arbitrator must be of legal age, have full civil rights and must know
how to read and write. The person appointed as an arbitrator must not (section 10, Republic
Act 9876 otherwise known as the Arbitration Law) (Arbitration Law):
 Be related by blood or marriage up to the sixth degree to either party to the
arbitration agreement.
 Have or have had any financial, fiduciary or other interest in the dispute.
  Have any personal bias that might prejudice the right of any party to a fair and
impartial award.
 No person shall be precluded by reason of his nationality from acting as an
arbitrator, unless otherwise agreed by the parties (Article 11(1), Model Law,
section 19, Arbitration Law)
24. Does the law contain default provision relating to appointment or removal of
arbitrators?
Appointment of arbitrators
The court must act as the appointing authority (the person or institution named as such in an
arbitration agreement) to appoint arbitrators in the following instances (rule 6.1, Special
Rules of Court on Alternative Dispute Resolution (Special ADR Rules)):
 Where any of the parties in an institutional arbitration:
 fail or refuse to appoint an arbitrator; or
 fail to reach an agreement on the sole arbitrator (in an arbitration before a sole
arbitrator).
 When the two designated arbitrators fail to reach an agreement on the third or
presiding arbitrator (in an arbitration to be conducted by three arbitrators), and the
institution under whose rules arbitration is to be conducted fails or is unable to
perform its duty as appointing authority within a reasonable time from receipt of the
request for appointment.
 In all instances where arbitration is ad hoc and:
 the parties failed to provide a method for appointing or replacing an arbitrator,
or substitute arbitrator; or
 the method agreed on is ineffective; and
 the National President of the Integrated Bar of the Philippines or his duly
authorised representative fails or refuses to appoint an arbitrator.
 If the appointing authority fails or refuses to act or appoint an arbitrator within a
reasonable time from receipt of the request to do so, any party or the appointed
arbitrator(s) can request the court to appoint an arbitrator or the third arbitrator as
the case may be.
Removal of arbitrators
An arbitrator can be removed in accordance with the procedure agreed by the parties or as
provided for in Article 13(2) of the UNCITRAL Model Law. If challenged, an arbitrator can be
removed by an appointing authority or the court, on application, if the appointing authority
fail or refuses to act on the challenge (rule 7.2, Special ADR Rules). The disqualification can
occur if the arbitrator (section 10,Republic Act 9876 otherwise known as the Arbitration
Law ):
 Is related by blood or marriage within the sixth degree to either party to the
controversy.
 Has or had financial, fiduciary or other interest in the controversy or cause to be
decided or in the result of the proceeding.
 Has any personal bias which might prejudice the right of any party to a fair and
impartial award.
25. Does the law provide default rules governing the commencement of arbitral
proceedings?
Philippine law does not provide for default rules governing the commencement of arbitral
proceedings. The parties are free to agree on the rules governing the commencement of
arbitral proceedings. However, arbitration must commence by service to the other party of a
demand for arbitration (section 5, Republic Act 9876 otherwise known as the Arbitration Law
and Article 21, UNCITRAL Model Law).
26. What procedural rules are arbitrators likely to follow? Can the parties determine the
procedural rules that apply? Does the law provide any default rules governing procedure?
Applicable procedural rules Arbitrators are likely to follow the UNCITRAL Rules of Procedure,
International Chamber of Commerce Rules of Procedure and the Philippine Dispute
Resolution Center Inc Rules of Procedure. The parties are also free to agree on the procedure
to be followed in the conduct of arbitral proceedings, including the adoption of procedural
rules of institutional arbitration (rule 2.3, Special Rules of Court on Alternative Dispute
Resolution (Special ADR Rules)). Default rules If parties fail to agree on the procedure to be
followed, the arbitral tribunal can conduct arbitration in the manner it considers appropriate
(rule 2.3, Special ADR Rules), taking into account the provisions of the Republic Act 9876
otherwise known as the Arbitration Law and the Alternative Dispute Resolution Act 2004.
27. What procedural rules are arbitrators likely to follow? Can the parties determine the
procedural rules that apply? Does the law provide any default rules governing procedure?
-Applicable procedural rules Arbitrators are likely to follow the UNCITRAL Rules of
Procedure, International Chamber of Commerce Rules of Procedure and the Philippine
Dispute Resolution Center Inc Rules of Procedure. The parties are also free to agree on the
procedure to be followed in the conduct of arbitral proceedings, including the adoption of
procedural rules of institutional arbitration (rule 2.3, Special Rules of Court on Alternative
Dispute Resolution (Special ADR Rules)).
Default rules
If parties fail to agree on the procedure to be followed, the arbitral tribunal can conduct
arbitration in the manner it considers appropriate (rule 2.3, Special ADR Rules), taking into
account the provisions of the Republic Act 9876 otherwise known as the Arbitration Law and
the Alternative Dispute Resolution Act 2004.
28. What documents must the parties disclose to the other parties and/or the arbitrator?
How, in practice, does the scope of disclosure in arbitrations compare with disclosure in
domestic court litigation? Can the parties set the rules on disclosure by agreement?
-Scope of disclosure
Much like court litigation in the Philippines, the parties are not required by law to make any
disclosures to the other party or the arbitrator, unless directed by the arbitral tribunal in
circumstances of necessity, relevance and materiality. However, the parties are not
precluded from making any voluntary disclosures.
Parties' choice
In accordance with the principle of party autonomy contained in the Civil Code and section 2
of the Alternative Dispute Resolution Act 2004, nothing prohibits the parties in agreeing to
set the rules on disclosure, including an agreement to require both parties to disclose all
relevant, material and necessary facts and documents.
29. Is arbitration confidential? If so, what is the scope of that confidentiality and who is
subject of that obligation? (Parties, arbitrators, institutions, and so on)
ANSWER: The arbitration proceedings, including the records, evidence and the arbitral
award, are confidential and must not be published (section 23, Republic Act 9285 otherwise
known as the Alternative Dispute Resolution Act of 2004 )(Alternative Dispute Resolution Act
of 2004).
Information is deemed confidential if it is intended by the source not to be disclosed, or
obtained under circumstances that would create a reasonable expectation on behalf of the
source that the information must not be disclosed. This includes (section 3 (h),Alternative
Dispute Resolution Act of 2004):
* Communications (oral or written) made in a dispute resolution proceedings, including
memoranda, notes or work products of the neutral party or non-party participant.
* Pleadings, motions manifestations, witness statements, reports filed or submitted in
arbitration.
The restriction on confidentiality applies to all the participants in the arbitration
proceedings, including parties, arbitrators and non-party participants such as witnesses,
resource persons or experts and institutions.
30. What is the risk of local court intervening to frustrate domestic arbitration? Can a party
delay proceeding by frequent court applications?
ANSWER: The Supreme Court has laid down a policy of judicial restraint when courts are
asked to rule on issues affecting the competence or jurisdiction of an arbitral tribunal, by
allowing the tribunal to have the first opportunity to rule on such issues (rule 2.4, Special
Rules of Court on Alternative Dispute Resolution (Special ADR Rules)). Further, unless the
courts conclude that the arbitration agreement is null and void, inoperative or incapable of
being performed; courts must suspend court proceedings and refer the parties to arbitration
under the arbitration agreement. Only in very specific instances, as expressly stated in the
Special ADR Rules are the courts allowed to intervene in arbitration proceedings, therefore,
the risk of local court intervention to frustrate the arbitration proceedings seated in its
jurisdiction is minimal. Delaying proceedings A party cannot delay proceedings by frequent
court applications and as a general rule, court applications during arbitration proceedings
must not suspend or postpone the arbitration proceedings.
31. What interim remedies are available from the court?
ANS. The following are the interim measures of protection that a court may grant:
a) preliminary injunction directed agains a party to arbitration; b) preliminary attachment
against property or garnishment of funds in the custody of a bank or a third person; c)
appointment of a receiver; d) detention, preservation, delivery or inspection of property; or
e) assistance in the enforcement of an interim measure of protection granted by the arbitral
tribunal, which the latter cannot enforce effectively.
32. What final remedies are available from the tribunal?
Arbitrators have the power to award the expenses of any party against another party, when
such assessment is deemed necessary (section 20, Republic Act 9876 otherwise known as the
Arbitration Law ).
33.Can arbitration proceedings and awards be appealed or challenged in the local courts?
Rights of appeal/challenge
There is no right of appeal for an arbitral award. An arbitral award is final and binding (rule
19.7, Special Rules of Court on Alternative Dispute Resolution (Special ADR Rules)).
Consequently, a party to an arbitration proceeding is precluded from filing an appeal or a
petition for certiorari (a writ seeking judicial review) questioning the merits of an arbitral
award with the courts (rule 19.7, Special ADR Rules). However, an arbitral award can be
vacated, modified, corrected, or set aside under very limited specified grounds by court
action (sections 24 and 25, Republic Act 9876 otherwise known as the Arbitration Law , rule
11.1, Special ADR Rules) .
The exception to the general rule is an arbitral award rendered by the Construction Industry
Arbitration Commission (CIAC), which can be appealed to the Court of Appeals (rule 43,
Revised Rules of Court of the Philippines). Furthermore, a party to an arbitration can petition
the Regional Trial Court to confirm, correct or vacate an arbitral award (rule 11.1, Special
ADR Rules). The decision and orders of the Regional Trial Court relating to the arbitral award
can be reviewed by the Court of Appeals and subsequently by the Supreme Court (rules 19.8,
19.12 and 19.36, Special ADR Rules).
34. What legal fee structures can be used? Are fees fixed by law?
Like in court litigation, the legal fees are subject to agreement between the lawyer and his
client such as:
* Hourly rates.
* Contingency basis.
* Based on tasks accomplished.
* Success fees.
* A combination of the enumerated fee structures. Fees may be reduced if found to be
unconscionable or unreasonable (section 24, rule 138, Revised Rules of Court )
.35. Does the unsuccessful party have to pay the successful party's costs? How does the
tribunal usually calculate any costs award and what factors does it consider?
Cost allocation
The arbitral tribunal has discretion as to how the costs of the arbitration process are awarded
(section 20, Republic Act 9876 otherwise known as the Arbitration Law).
Cost calculation
Awarded costs usually include the expenses (or a portion of them) of any party against another
party. Whether a successful party’s costs (in full or partially), can be recovered is at the
tribunal's discretion.
Following the general rule in evidence, the party who asserts that he is entitled to costs has
the burden of proving the same. The tribunal is prohibited from awarding costs that cannot be
proved.
The rule is that unless the agreement is such as to absolutely close the doors of the courts
against the parties which agreement would be void, the court will look with favor upon such
amicable agreements and will only with great reluctance interference to anticipate or nullify
the action of the arbitrator
Philippine courts adopt a stance in favour of arbitration, and particularly refrain from
reviewing arbitral awards subject of enforcement.
38. Do arbitral tribunal have the effect of res judicata?

Factors considered The arbitral award is final and binding on the parties and should bar the parties from
relitigating the same issue in a Phil. Court when there is an identity of parties, subject matter,
The tribunal can take into consideration all the circumstances of the case. An example is cause of action between the arbitration proceeding and the court case.
whether the arbitration case presented difficult questions of law and therefore, that the losing
party acted sincerely in pursuing or resisting the claims. Arbitral tribunals are not considered quasi-judicial bodies and are therefore not courts that
can decide with the effect of res judicata. Nonetheless, confirmed arbitral awards are
36. To what extent is an arbitration award made in your jurisdiction enforceable in the local enforceable as final and executory decisions of Philippine courts, and final court rulings on
courts? incidents arising from arbitration have the effect of res judicata.
The petition for enforcement and recognition of an arbitral award can be filed any
time after the award is made. Once the court is satisfied that the petition filed meets the
requirements of rule 12 of the Special Rules of Court on Alternative Dispute Resolution (Special
ADR Rules), the court must serve a copy of it on the respondent, directing him to file an
opposition within 15 days of receipt. The respondent can file a petition to set aside the award
in opposition to the applicant's petition to recognise and enforce, or a petition to recognise
and enforce the award in opposition to the applicant's petition to set aside (rule 12.8, Special
ADR Rules).

A petition to recognise and enforce or set aside an arbitral award can be filed with
the regional trial court (rule 12.3, Special ADR Rules):

• Where arbitration proceedings were conducted.

• Where any of the assets to be attached or levied on are located.
• Where the act ordered in the award will be or is being performed
• Where any of the parties to the arbitration resides or has its place of
business
• In the National Capital Judicial Region.

If the court finds that the issue between the parties is mainly one of law, the parties
may be required to submit briefs of legal arguments, not more than 15 days of receipt of the
order, which sufficiently discuss the legal issues and the legal basis for the relief prayed (rule
12.9, Special ADR Rules).

Unless a ground to set aside an arbitral award has been fully established, the court
must dismiss the petition. If, in the same proceedings, there is a petition to recognise and
enforce the arbitral award filed in opposition to the petition to set aside, the court must
recognise and enforce it (rule 12.13, Special ADR Rules).

37 . What is the proper attitude of the courts towards arbitration?