ALTERNATIVE DISPURE RESOLUTION – RA 9285 (not interpreted to repeal amend modify Katarungang Pambaranggay) Defn : any process or procedure used to resolve a dispute or controversy, other by

adjudication of a presiding judge of a court or officer of a govt agency A neural 3p participate to assist the resolution of issues, including

o Arbitrationo conciliationo mediationo early neutral evaluation, o mini trial or combination thereof

Commercial Arbitration – arbit which covers all relationships of a commercial nature, whether contractual or not

o Trade transaction for supply or exchange of goods or serviceso Distribution agreementso Construction of workso Commercial representation or agencyo Factoringo Leasing consultingo Engineeringo Incensingo Investmento Financingo Bankingo Insurance joint ventureo Other forms of industrial or business cooperatono Carriage of goods by sea, air, rail, road

New York convention – UN Convention on the recognition and enforcement of a foreign arbitral awards

o Convention award – foreign arbitral award made in a Conventiono Non-convention State – not a member; non-convention award – foreign

arbitral award made in a State which Is not a Convention State Court – Annexed Mediation – conducted under the auspices of the court, after the

court acquired jurisdiction of the disoute Court- Referred Mediation – ordered by the court to be conducted in accordance with

the Agreement of the Parties when an action is prematurely commenced, in violation of such agreement

ADR doesn’t apply ino Labor disputes covered in Labor Cide o Civil statuso Validity of marriageo Any ground for legal sepo Jursidictionof courtso Future legitimeo Criminal liabilityo Those by law cannot be compromised

Voluntary Mediation Whether adhoc, institutional or court annezed; include conciliation GR: Info obtained during mediation proceedings shall be privileged and confidential ;

o not subject to discovery and inadmissible in an adversarial proceedingo Party, mediator, or non participant may refuse to disclose and may prevent

any other person from disclosing a mediation communication EX: waived or in cased pbl BUT those evidence or info that are otherwise admissible and subject to discovery are

allowed, does not become confidential soleby by reason of its use in mediation FF may not be compelled to disclose confidential info obtained during mediation

1. Parties2. Mediator/s3. Counsel/s4. Non party participant5. Hired or engaged - steno, sec, clerk or assistant6. Any person who obtains or possesses confidential information by reason of

his/her profession Protection of the law shall continue to apply even of a mediator who is found to have

failed to act ipattiallyo May not be called to testify and provide info gathered in the mediationo Mr wrongfully subpoenaed shall be reimbursed the full cost of his attys fees

and related expense Settlement Agreement

o Prepared by the parties w/ assistance of their respective counsel (if any) and by the Mr

o Adequate provisionss shall be made for the contingency of breach to avoid conflicting interpretations of the agreement

o Parties shall SIGN the settlement agreemento Mr shall CERTIFY that he/she explained the contents of the settlement

agreement to the parties in a language known to them Intl. Arbit in the Phil – a party may be represented by any person of his choice

o Must be a member of the IBP to be authorizd to appear as counsel in the Phil. Court or any QJ body w/n the appearance is in relation to arbit or not

Confidentiality Provision GR: proceedings, records, evidence and the arbitral award, shall be considered

confidential and shall not be published; EX: 1) consent of the parties 2) limited purpose of the disclosing t the court PROVIDED that the court in which the

action or the appeal is pending may issue a PO to prevent or prohibit disclosure of docs or info; where applicant shall be materially prejudiced

Referral to Arbit atleast ONE so requests not later that the pretrial conference upon request of BOTH parties thereafter Court refer parties to arbit unless it finds the arbit agreement null and void,

incoperative or incapable of being performed

Domestic Arbitration- RA 876 Construction Industry Arbitration Law E0 100

o Include those bet and among parties to, or who are otherwise bound by – arbit agreement, directly or by preference; project owner, contractor, sub

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contractor, quantity surveyor, bondsman or issuer of an insurance policy in a construction project

Interim Reliefs or Provrem Any party may REQUEST that provrem be granted againts the adverse party Granted to:

o Prevent irreparable loss or injuryo Provide security for the performance of any obligationo Produce or preserve any evidenceo Compel any other appropriate act or omission

Granting – conditioned upon the provision of security ot any act ot omission specified in the order

Requested by:o Written application transmitted to

the Court or Arbit tribunal adverse party

o Describe appropriate detail the precise relief party againts whom the relief is requestd grounds and evidence

o Order shall be binding upon the partieso Either party may apply with the Court for assistance in the implementation

or enforcing an interim measureo Non compliance by any party – liable for damages, all expensesm attys fees;

paid in obtaining the order’s judicial enforcement

Confirmation of Domestic Arbitral Award (Sec 23 of RA 786/ RA 9285) w/n 1 month after the award is made, any part may apply to the court having

jurisdiction an ofrer confirming the award the couer must grant such order unless the award is vacated, modified or corrected, as

prescribed herein. Notice – sent to adverse party/his atty When confimed – enforced in the same manner as f/e decisions of the RTC Confirmation of Domestic Awards - made by the RTC

o CIAC arbitral award need not be confirmed by the RTC to be executory A party mat question the arbitral award with RTC

Recognition and enforcement of Foreign Arbitral Awards NY Convention shall govern the recognition and enforcement To be filed in the RTC in accordance with the special rules; if the award is not made in

any of official languanges, the party shall suplly a duly certified translation thereof. VENUE

o RTC Where arbit proceedings are conducted Where the asset to be attached /levied or the act to be enjoined

is lcated Residence of any of the parties or his place of business National Judicial Capital Region, at the option of the applicatant

Special Proceeding for R/E of Arbitral Award

Applicant shall establish the country in which foreign arbitration award is made party to the NY Conventio.

Application for Rejection or Suspension has been madeo RTC, if proper, VACATE E its decisionso Order the party to provide security - on the application of the party claiming

recognition or enforcement of the award r/e of foreign arbitral awards not covered by NYC sall be done in accordance with the

rules promulgated by SC Party may oppose an application for r/e in accordance to the procedural rules by SC

ONLY on those grounds enumerated in the A5 of the NYC; other grounds are disregarded by the RTC

Appeal from court decisions on arbitral awards RTC decisions confirming, vacating, setting aside, modifying or correcting an arbit award

-> appeal to CA Losing party who appeals the judgment shall be required by the appellate court to post

counterbond executed in the appellate court in favor of the prevailing partyo Equal to the amount of the award

Foreign arbitral award are not foreign judgments Confirmed by either RTC or foreign court – shall be r/e as a foreign arbitral awatd and

NOT a foreign court judgment Enforced in the in the same manner as f/e decisions of Phil courts

Office for ADR- attached agency to the JOJ Will have a secretariat to be headed by an executive director appointed by P Powers and functions

o Formulate standrds for ADR practitioners and service providerso To certifyo Coordinateo Charge fees

SPECIAL ADR RULES AM 07-11-08-SC GOVERN THE FF:

a. Relief on the issue of existence, validity or enforceability of arbit agreement

b. Referral to ADRc. Interim measures of protectiond. Appointment of Are. Assistance of taking evidencef. Confirmation, correction, vacation of Domestic Arbit Awardg. R/E or setting aside of an award in Int Commercial Arbith. R/E Foreign AAi. Confidentiality/POj. Deposit and Enforcement of Mediated Settlement Agreement

Nature of Proceedingso GR: Summary in Nation, EX:

Confirmation, correction, vacation of Domestic Arbit Award R/E or setting aside of an award in Int Commercial Arbit R/E Foreign AA

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Important Featureso Verification should accompany any pleading motion, opposition, comment,

defnse or claim filed under Special ADR Rules.o Include CNFS in all initiatory pleadings EX Motion to Refero Proof of Service of petition and notice of hearing

In writing by the server Set forth the manner, place and date of service Burden of proof on compliance shall be on the petitioner Technical rules on summons does NOT apply

Prohibited Pleadingso MTDo MBPo MNT/M of Reopeningo PFRo M for Extension; Ex: cases where an ex parte TPO has been issuedo Rejoindero Motion to declare a party in defaulto Pleading disallowed/ for delay shall be expunged in the records

Judicial Relief involving the issue of existence, validity and enforcement of the arbit agreement Resorted before /after the commencement; apply only when the place of arbit is in the

Philippines Any party may petition + serve copy to the respondent Filed anytime prior to the commencement in the RTC of the place where P/R resides or

his principal place of business

After Arbit Commences Any party may petition the appropriate court for judicial relief from the ruling of the AT

on preliminary question upholding or declining its jurisdiction Should the ruling decline its jurisdiction to be reversed by the court - parties may

replace Ar or anyone of thenm Filed w/n 30 days from notice of that ruling by the AT Grant petition INVALID, unenforceable or inexistent arbit agreement since AT has no jurisdiction

Confirmation, Correction, Vacation of Domestic Arbit Award Requested by any party to the arbit Petition to Confirm - any time after the lapse of 30 days fro receipt of the arbitral

award o May be filed in opposition to petition to vacate, any time after the latter is

fuledo Dismissal of PTV shall not result in the dismissal of the the PTC

Petition to Modify/Correct – not later than 30 days from receipt of the arbitral award o May be included as part of petition to confirm the arbitral award or as a

petition to confirmo Grounds:

a. Evident miscalculation of figures or evident mistake in descript of persons. Thing, prop referred in the Award.

b. Ar awarded upon matter not submitted, nit affecting the merits the decion upon the matter submitted

c. Ars omitted to resolve an issued. Imperfect in a matter of form mot affecting the merits; if

commissioner’s report, amended or disregarded by the court Petition to Vacate - not later than 30 days from receipt of the arbitral award

o May be filed in opposition to the petition to confirmo If filed beyond the reglamentary pd, shall be dismissedo May be vacated in the ff grounds:

a. Procured through fraud, corruption/ undue meanb. Evident partiality or corruption in AT or membersc. AT guilty of misconduct ot misbehavior that materially prejudiced the

rights of any party – refusing to postpone hearingor hear and material and pertinent evidence

d. 1+ Ar was dq and willfully refrained from disclosing suche. At exceeded its powers

Unless a ground to vacate an arbitral award is fully established, the court shall CONFIRM the award

---- ArA did not exist/invalid unenforceable Party to arbit is a minor and JD incompetent

Shall be filed only on behalf of the minor or incompetent and shall agree that

i. Other party knowingly entered with such minor or incompetent

ii. Submission was made by G. ad litem without authority by competent court

In diciding the PTV the ArA, the court shal disregard any other gound than those enumerated

PTC and PTM may be filed with RTC(business, residence or where arbit conducted) Presumption that ArA was made and released in due course of arbitis subject to court

confirmation Court shall either confirm or vacate the ArA and NOT disturb the AT’s determination of

facts and/or interpretation of law

R/E or Setting Aside of an Intl. Commercial Arbit Award E/R - Filed ANYTIME from receipt of the award Petition to set aside ArA must be filed w/n 3 months from the time P receives a copy

threof Timely request is made with AT for correction, interpretation or additional award – w/n

3 months from the time P recives the resolution Petition to set aside can no longer be filed after the lapse of the 3 month pd BUT not

result in automatic approval of the petition filed therein. Failure to file petition to set aside shall preclude a party fro aising grounds to rest enforcement

VENUE: RTC Whereo Assets to be attached/levied is locatedo Act to be ejoined will be or is being performedo P/R resides or place of businesso Natl Capital Judicial Region

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Set Aside or Refuse Enforcement:a. Party making application furnished proof that (exclusive)

a. A party is under incapacity, or invalid under law it which it was subjected or under phil law

b. Party was not given proper notice of the appointment of an Ar or arbit proceeding/ unabale to present case

c. Award delas with a dispute not contemplated/beyond the scope of submission to arbit

i. If can be separated, only those not submitted may be set asided. Composition of AT was not in accordance w/ the agreement of the parties

unless such was in conflict with Phil law in wh/c th parties cannot derogatee. Subject Matter

i. Not capable of settlement by arbitii. R/E Contrary to Public Policy

f. PTSA - Minor/JD Incapacitated ( see above) Petition to E/R/SA shall be Verified

o Petition to E/R is pending, PSA filed in the same proceeding if not time barred

o PSA pending, opposing party may file P E/R in opposition thereto

R/E of foreign ArA Any Party; PR/E at anytime after receipt of FArA in properRTC (same) Governed by NYC Phil Court Shall not set aside the FArA bu may refuse R/E on any of all of the ff grounds:

(exclusive)a. Through Application

a. A party is under incapacity, or invalid under law it which it was subjected or under phil law

b. Party was not given proper notice of the appointment of an Ar or arbit proceeding/ unabale to present case

c. Award delas with a dispute not contemplated/beyond the scope of submission to arbit

d. If can be separated, only those not submitted may be set asidee. Composition of AT was not in accordance w/ the agreement of

the parties unless such was in conflict with law of the countrt in whuch it was made

f. Set aside or suspended by the court of the country in which the award was mind

b. Court finds that:a. Incapable of settlement or resolution by arbit in Phil lawb. Contrary to public policy

Court shall disregard any ground for opposing the recognition and enforcement of foreign arbitral award in accordane to the ground provided by NYC BUT have NO power to set aside or vacate a FArA

Rule on Judicial Review on Arbit in the Phils (not FARA)

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MR APPEALMR w/n the non-extendible pdof 15 days from recipet of the questioned ruling or order is allowed in the ff:

a. Granting/Denying Interim Protection Measure

b. Denying requests for appointment of Ar

c. Denying assistance in taking evidence

d. Confirm , PTV. PTC/M domestic ArA

e. Setting Aside ICAAf. Setting Aside ICAA/ Dismissing

PSA/ not recognize/enforceg. Ring/Eing/ Dismissing PTR/E ICAAh. Dismissing to Enforce an ICAAi. R/Eing a FARA or Refusalj. Granting or dismissing a P to

Enforce a Deposited Mediated Settlement Agreement

k. Reversing the ruling of the AT upholding its jurisdiction

l. Arbit Agreement – inexistent, invalid, unenforceable

m. Upholding or reversing Ats jurisdiction

n. Denying Requests for ADRo. Enjoining or refusing to to enjoin

party from divulging confidential info

p. Suspending Proceedings to set aside FArA and referral back to AT

q. Adjourning or deferring a ruling on a PSA/R/R ICAA

MR not allowed by RTC from the ff rulings

a. PF determination upholding the existence, validity or enforceability of na Arbit Agreement

b. Order reffering to ADRc. “ appointing Ard. Ruling n the challenge

of appointment of Are. Order resolving issue of

termination of a mandate of an Ar

f. Order granting assistance in taking evid

No Appeal or C on the merits of an ArA

Appeal to CA is allowed from the ff final orders of RTC:

a. Granting/Denying Interim Protection Measure

b. Denying requests for appointment of Ar

c. Denying assistance in taking evidence

d. Confirm , PTV. PTC/M domestic ArAe. Setting Aside ICAAf. Setting Aside ICAA/ Dismissing PSA/

not recognize/enforceg. Ring/Eing/ Dismissing PTR/E ICAAh. Dismissing to Enforce an ICAAi. R/Eing a FARA or Refusalj. Granting or dismissing a P to

Enforce a Deposited Mediated Settlement Agreement

k. Reversing the ruling of the AT upholding its jurisdiction

Appeal by:1. filing a verified PFR in 7 legivle copies w/

CA + proof of service on the adverse party and RTC within 15 days from notice of the decisionor denial of MR by RTC

2. Original copy shall me marked original by P

3. Post bond Within 15 days form receipt of PFR; failure shall be ground to dismiss PFR

Appeal shall not stay award, j, fo or r sought to be reviewed unled DA direct otherwise

C/Appeal or mutually exclusive

GR: the court can only vacate or set aside the decision of an AT upon clear showing that an award suffers from any of the infirmities or grounds for vcataing arbitral award

If RTC is asked to set aside on any ground other than those provided in SADR, the court shall entertain only if the same aounts to a violation of public policy

Not set aside or vacate merely on the ground of error of fact/law or both

Petition for Certiotari is Allowed to be Filed in CA within 15 days from notice of j/o/rc (no extension) when:

RTC acted w/o/excess/gadalej No appeal or any plain, speedy or adequate eremed on the ordinary course of law May be filed in the ff orders

a. Holding Domestic Arbit Agreement – inexistent, invalid, unenforceableb. Reversing the ruling of the AT upholding its jurisdictionc. Denying Requests for ADRd. Granting/Denying Interim Protection Measuree. Confirm , PTV. PTC/M domestic ArAf. Suspending Proceedings to set aside FArA and referral back to ATg. Allowing a party to enforce ICAA or FARA pending appealh. Adjourning or deferring on whether to set aside, recognize and or enforce an ICAAi. Denying a petition for assistance in taking evodance

AT shall onlybe a nominal party and not rq tp submit any pleadings; AT ot Ar may submit pleadings or written submission if the same serves interest of the court

In petitions relating to E/R AT shall not be included even as a nominal party but may be notified of the proceedings and furnished with court

Appeal to Certiorari to SC Not a matter of right but a matter of sound judicial discretion Granted only for serious and compelling reasons Grounds or closely analogous to :

o Failed to apply applicable standard or test for Jr prescribed for SADR in arriving at the decision, resulting in substantial prejudice to the aggrieved party

o Erred in upholding a final order or decision despite lack of J of the court that rendered fo/d

o Failed to apply any provision, principle, policy, rule in SADR; substantial prejudice

o Committed an errr so egregious and harmful to a party as to amount to an undeniable excess of J

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