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I. Arbitration Agreement: Them at The Time of The Submission

1. An arbitration agreement is when parties to a contract agree to settle any controversies arising from the contract through arbitration. 2. A submission agreement is when parties submit an existing controversy between them to arbitration. 3. For an arbitration agreement or submission to be valid under Philippine law, it must be in writing and signed by the parties or their lawful agents. The agreement or submission is enforceable by the court that has jurisdiction over the residence of one of the parties.

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34 views2 pages

I. Arbitration Agreement: Them at The Time of The Submission

1. An arbitration agreement is when parties to a contract agree to settle any controversies arising from the contract through arbitration. 2. A submission agreement is when parties submit an existing controversy between them to arbitration. 3. For an arbitration agreement or submission to be valid under Philippine law, it must be in writing and signed by the parties or their lawful agents. The agreement or submission is enforceable by the court that has jurisdiction over the residence of one of the parties.

Uploaded by

Alyssa Brillo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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I.

Arbitration Agreement
Definition
Arbitration agreement when the parties to any contract agree to settle by
arbitration a controversy thereafter arising between them.
RA 876, Section 2. Persons and matters subject to arbitration. - Two or more
persons or parties may submit to the arbitration of one or more arbitrators
any controversy existing between them at the time of the submission and
which may be the subject of an action, or the parties to any contract may in
such contract agree to settle by arbitration a controversy thereafter arising
between them. Such submission or contract shall be valid, enforceable and
irrevocable, save upon such grounds as exist at law for the revocation of any
contract.
Such submission or contract may include question arising out of valuations,
appraisals or other controversies which may be collateral, incidental,
precedent or subsequent to any issue between the parties.
A controversy cannot be arbitrated where one of the parties to the
controversy is an infant, or a person judicially declared to be incompetent,
unless the appropriate court having jurisdiction approve a petition for
permission to submit such controversy to arbitration made by the general
guardian or guardian ad litem of the infant or of the incompetent.
But where a person capable of entering into a submission or contract has
knowingly entered into the same with a person incapable of so doing, the
objection on the ground of incapacity can be taken only in behalf of the person
so incapacitated.

Distinguish submission agreement from arbitration clause/agreement


There is a submission agreement when two or more persons or parties submit
to the arbitration of one or more arbitrators any controversy existing between
them at the time of the submission.
On the other hand, it is an arbitration agreement when the parties to any
contract agree to settle by arbitration a controversy thereafter arising between
them.
Form
SECTION 4. Form of Arbitration Agreement. — A contract to arbitrate a
controversy thereafter arising between the parties, as well as a submission to
arbitrate an existing controversy shall be in writing and subscribed by the
party sought to be charged, or by his lawful agent.
The making of a contract or submission for arbitration described in section
two hereof, providing for arbitration of any controversy, shall be deemed a
consent of the parties to the jurisdiction of the Court of First Instance of the
province or city where any of the parties resides, to enforce such contract or
submission. (The Arbitration Law, Republic Act No. 876, [June 19, 1953])

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