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2 (Investment-In-A-New-Insurance-Company-Incorporated-In-The-Ph - PDF) 3 R.A 876, Section 22

The document summarizes the key features of domestic arbitration law in the Philippines. It defines domestic arbitration as arbitration that does not qualify as international under the UNCITRAL Model Law. The laws governing domestic arbitration in the Philippines include the Arbitration Law (RA 876), the UNCITRAL Model Law, and provisions of RA 9285. Some of the salient features discussed are that domestic arbitration is a special proceeding, the courts can confirm, vacate or modify arbitration awards, parties have freedom to determine arbitration procedures, and the law provides for equal treatment of parties and appeals on questions of law.

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93 views4 pages

2 (Investment-In-A-New-Insurance-Company-Incorporated-In-The-Ph - PDF) 3 R.A 876, Section 22

The document summarizes the key features of domestic arbitration law in the Philippines. It defines domestic arbitration as arbitration that does not qualify as international under the UNCITRAL Model Law. The laws governing domestic arbitration in the Philippines include the Arbitration Law (RA 876), the UNCITRAL Model Law, and provisions of RA 9285. Some of the salient features discussed are that domestic arbitration is a special proceeding, the courts can confirm, vacate or modify arbitration awards, parties have freedom to determine arbitration procedures, and the law provides for equal treatment of parties and appeals on questions of law.

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Pipoy Amy
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DOMESTIC ARBITRATION : The Salient Features of the laws governing domestic arbitration.

DOMESTIC ARBITRATION : As defined under Section 32 of R. A 9285:


It shall mean an arbitration that is not international as defined in Article 1(3) of the Model
Law.1
Thus, if the dispute is between parties who have their place of business in the Philippines, and
their obligations are to be performed in the Philippines, and there is no stipulation in their
arbitration agreement that the subject matter of the arbitration agreement relates to another
country, the arbitration will be considered domestic.2
Laws Governing Domestic Arbitration :

Republic Act No. 876 : The Arbitration Law

Chapter IV : Sections 22 31 of R. A 876

Section 32 , R. A 9285

The UNCITRAL MODEL LAW ( ARTICLES 8, 10, 11, 12, 13, 14, 18, 19, 29, 32 )

Salient Features :
1.

A Special Proceeding3 a petition is filed not a complaint:

1 Article 1(3) UNCITRAL Model Law :


An Arbitration is international if :
a.) The parties to an arbitration agreement have,at the time of the conclusion of that
agreement, their places of business in different States ; or
b.) One of the following places is situated outside the State in which the parties have their
places of business:
(i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;
(ii) any place where the substantial part of the obligations of the commercial relationship
is to be performed or the place with which the subject - matter of the dispute is most
closely connected ;
c.)

The parties have expressly agreed that the subject- matter of the arbitration
agreement relates to more than one country.

2 (https://www.international-arbitration-attorney.com/wp-content/uploads/doing-business-in-philippines-2009b
investment-in-a-new-insurance-company-incorporated-in-the-ph.pdf)
3 R.A 876 , Section 22

Special Proceeding A remedy where the party seeks to establish a status,right, or a particular fact. The Regional Trial Court shall have jurisdiction over the
proceeding.

2.

Confirmation of Award4 - There must be a grant of award except when the award is vacated,modified, or corrected.

It gives the party the discretion to apply for an order confirming the award

3.

Grounds for Vacating the Award5 - The court must vacate the award if :

1. Procured by corruption, fraud, or other undue means;


2. Evident partiality in the arbitrators;
3. Arbitrators guilty of misconduct; One or more of the arbitrators was disqualified to act.
4. Arbitrators exceeded their powers.

4.

Modifying or Correcting Award :6 The court must make an order to modify or correct the award.

5.

Service of Notice of Motion upon the adverse party.7

6.

Judgment8

7.

Filing of additional papers with the Clerk of Court :9

a. Submission or contract to arbitrate; the appointment of the arbitrator/s; each written extension of the time
b. A verified of the award;
c. Each notice,affidavit or other paper used upon the application.

8.

Appeal as to questions of Law.10

- Questions which must be answered by applying relevant legal principles by an interpretation of the law.

9.

Freedom to Determine the number of arbitrators11, the appointment of the arbitrators 12 Challenge the appointment of the arbitrator13, Freedom to
choose or agree on a procedure to be used in the proceeding14

10. Any party may request the court to decide on the termination of the mandate.15
11. Equal Treatment of the parties 16

4
5
6
7
8
9
10
11
12
13
14
15
16

R.A 876 , Section 23


R.A 876 , Section 24
R.A 876 , Section 25
R.A 876 , Section 26
R.A 876 , Section 27
R.A 876 , Section 28
R.A 876 , Section 29
UNCITRAL MODEL LAW Article 10
UNCITRAL MODEL LAW Article 11
UNCITRAL MODEL LAW Article 12
UNCITRAL MODEL LAW Article 13
UNCITRAL MODEL LAW Article 14
UNCITRAL MODEL LAW Article 18

Domestic Arbitration : brief on Arbitration Proceedings : (Luigi's report)


Preliminary procedure17.- An arbitration shall be instituted by:
(a) In the case of a contract to arbitrate future controversies by the service by either party upon
the other of a demand for arbitration in accordance with the contract. Such demand shall be set
forth the nature of the controversy, the amount involved, if any, and the relief sought, together
with a true copy of the contract providing for arbitration. The demand shall be served upon any
party either in person or by registered mail. In the event that the contract between the parties
provides for the appointment of a single arbitrator, the demand shall be set forth a specific time
within which the parties shall agree upon such arbitrator. If the contract between the parties
provides for the appointment of three arbitrators, one to be selected by each party, the demand
shall name the arbitrator appointed by the party making the demand; and shall require that the
party upon whom the demand is made shall within fifteen days after receipt thereof advise in
writing the party making such demand of the name of the person appointed by the second party;
such notice shall require that the two arbitrators so appointed must agree upon the third arbitrator
within ten days from the date of such notice.
(b) In the event that one party defaults in answering the demand, the aggrieved party may file
with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the
demand for arbitration under the contract to arbitrate, with a notice that the original demand was
sent by registered mail or delivered in person to the party against whom the claim is asserted.
Such demand shall set forth the nature of the controversy, the amount involved, if any, and the
relief sought, and shall be accompanied by a true copy of the contract providing for arbitration.
(c) In the case of the submission of an existing controversy by the filing with the Clerk of the
Court of First Instance having jurisdiction, of the submission agreement, setting forth the nature
of the controversy, and the amount involved, if any. Such submission may be filed by any party
and shall be duly executed by both parties.
(d) In the event that one party neglects, fails or refuses to arbitrate under a submission
agreement, the aggrieved party shall follow the procedure prescribed in subparagraphs (a)
and (b) of this section.

17 Section 5, R.A 876 The Arbitration Law

Hearing by court18.
A party aggrieved by the failure, neglect or refusal of another to perform under an agreement in writing providing for arbitration may petition the court for
an order directing that such arbitration proceed in the manner provided for in such agreement. Five days notice in writing of the hearing of such application shall be
served either personally or by registered mail upon the party in default. The court shall hear the parties, and upon being satisfied that the making of the agreement or
such failure to comply therewith is not in issue, shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. If the
making of the agreement or default be in issue the court shall proceed to summarily hear such issue. If the finding be that no agreement in writing providing for
arbitration was made, or that there is no default in the proceeding thereunder, the proceeding shall be dismissed. If the finding be that a written provision for arbitration
was made and there is a default in proceeding thereunder, an order shall be made summarily directing the parties to proceed with the arbitration in accordance with the
terms thereof.

18 Section 6, R.A 876 The Arbitration Law

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