Judicial Relief Involving the Issue of Existence, Validity and Enforceability of the Arbitration Agreement. (Rules 3.1 to 3.

22, ADR Rules) Refers To 1. Existence of the arbitration agreement, or whether or not there is an arbitration agreement; 2. !ali"it# of t$e ar%itratio& a'ree(e&t, or whether or not the arbitration agreement complies with all the essential requisites for a valid contract; 3. )&forcea%ilit# of t$e ar%itratio& a'ree(e&t, or whether or not the arbitration agreement is enforceable in accordance with Article 1403 of the ivil ode!1 "E#$%E A%"&'%A'&$( 1! 'he arbitration proceeding has not )et commenced; and *! 'here is between the parties a dispute regarding the existence, validit) or enforceabilit) of the arbitration agreement! A#'E% A%"&'%A'&$(

Referral to ADR. Rules 4.1 to 4.8, Special ADR Rules

Interim Measures of rotection. (Rules 5.1 to 5.6, Special ADR Rules)

A!!ointment of Arbitrators (Rules 6.1 to 6.9, Special ADR Rules)

"hallenge to A!!ointment of Arbitrator (Rules 7.1 to 7.9, Special ADR Rules)

#ermination of Mandate of Arbitrator (Rules 8.1 to 8.8, Special ADR Rules)

1! ,hen an arbitrator becomes "e +ure or "e facto unable to perform his function or for other reasons fail to act without undue dela); *! 'he arbitrator, upon request of an) part), fails or refuses to withdraw from his office; 3! 'he appointing authorit) fails or refuses to decide on the termination of the mandate of the arbitrator within such period of time as ma) be allowed under the applicable rule or, in the absence thereof, within thirt) /30+ da)s from the time the request is brought before him; and 4! An) part) see1s 0udicial action in terminating the mandate of the arbitrator!

1! 'here is alread) a pending court action! *! 'here is either a pre* actio& ar%itratio& a'ree(e&t or a prese&tactio& ar%itratio& a'ree(e&t. 'he arbitration agreement is preactio& if executed prior to the filing of an action, and it is prese&tactio& if executed after the filing of the action! 3! And one or both parties desire to undergo arbitration! &f there

1! Either i+ before the commencement of arbitration, or ii+ after the commencement of the arbitration but prior to the constitution of the arbitral tribunal, or iii+ after its constitution but the arbitral tribunal has no power to act or is unable to act effectivel); and *! ,here either part) desires to secure interim measures of protection! A measure of protection ma) either be i&teri( or te(porar#.

1! 'here is failure to appoint an arbitrator under the following circumstancesa! ,here an) of the parties in an institutional arbitration i+ failed or refused to appoint an arbitrator or ii+ the parties have failed to reach an agreement iii+ or when the two designated arbitrators have failed to reach an agreement 'he institution under whose rules arbitration is to be conducted fails to perform its dut) as appointing authorit) *! ,here the arbitration is a" $oc and the parties failed to provide a method for appointing or method agreed upon is ineffective and the &". fails to act 3! ,here the parties agreed that their dispute

1! a! 'he challenge to the appointment of an arbitrator before the arbitral tribunal is not successful, and b! the appointing authorit) fails or refuses to act on the challenge within such period of time as ma) be allowed under the applicable rule or in the absence thereof, within thirt) /30+ da)s from receipt of the request; and *! 'he aggrieved part) wants to secure 0udicial action on the challenge!

1! 'he arbitration proceeding has alread) commenced, the arbitral tribunal has been constituted and has rendered a preliminar) ruling on its 0urisdiction; and *! A part) desires to challenge the arbitral tribunal2s ruling on the issue of 0urisdiction!

shall be resolved b) three arbitrators but no method of appointing those arbitrators has been agreed upon, and the parties, and the appointing authorit) also fail to appoint the arbitrator 33An) part) or the appointed arbitrators request the court to act as the appointing authorit)! "onfidentiality% rotec tive &rders (Rules 1,.1 to 1,.1,, Special ADR Rules) 1! An A4% proceeding is pending; *! A part), counsel or witness disclosed information or was otherwise compelled to disclose information; 3! 'he disclosure was made under circumstances that would create a reasonable expectation, on behalf of the source, that the information shall be 1ept confidential; 4! 'he source of the "onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of Arbitral A(ards 1! An arbitral award has been rendered either in a 5i6 domestic arbitration; 5ii6 international commercial arbitration conducted in the .hilippines; 5iii6 foreign convention award; or 5iv6 foreign nonconvention award but with comit) and reciprocit) (as i& co&-e&tio& a.ar"). *! A part) see1s to 5i6 confirm, correct or "onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of A. A(ards "onfirmation, Recognition, Recognition ) "orrection or Vacation Enforcement or Enforcement of a of Dom. A. A(ard 'etting Aside of an *oreign A. A. I"A A. 1. /o&fir(atio& of the auses of Action1+ %ule 13 of the 8pecial domestic arbitral award, 1. Reco'&itio& a&" A4% %ules are applicable the petition for which e&force(e&t * can be onl) to co&-e&tio& and can be filed at an) time filed at an) time from as*i& co&-e&tio& a.ar"s ! after lapse of thirt) /30+ receipt of the award! da)s from receipt of the *+ %ule 13 is not arbitral award! 2. Setti&' asi"e the & A applicable to foreign award the petition for arbitral awards rendered 2. /orrectio& or which should be filed in a non9convention (o"ificatio& of the within three /3+ months countr) which does not domestic arbitral award! from the time the extend comit) or .etition must be filed not petitioner receives a reciprocit) to the later than thirt) /30+ cop) of the & A award .hilippines (&o&* da)s from receipt of the co&-e&tio& a.ar"s). arbitral award! 7rounds of %efusing 7rounds of %efusing %ecog! 'he) ma) nevertheless %ecog! 1! 'he part) ma1ing the be recogni:ed and 'he grounds are as application furnished enforced under 8ection followsproof that4;, %ule 3< of the 1<<=

Assistance in #a$ing Evidence (Rules 9.1 to 9.11, Special ADR Rules) 1! 'here is a pending arbitration, whether domestic or foreign; *! A part) desires to present evidence or the arbitral tribunal ordered the ta1ing of evidence, necessitating court assistance; and 3! 'he evidence is sought from a person, including a representative of a corporation, association, partnership or other entit), other than a part) to the arbitration or its

officers, found in the .hilippines!

information or the part) who made the disclosure has the right to prevent such information from being disclosed; >! 'he source of the information or the part) who made the disclosure has not given his express consent to an) disclosure; and ?! 'he applicant would be materiall) pre0udiced b) an unauthori:ed disclosure of the information obtained, or to be obtained, during the A4% proceeding

vacate the domestic arbitral award; 5ii6 recogni:e and enforce, or set aside an international commercial arbitral award rendered in the .hilippines; 5iii6 recogni:e and enforce a foreign convention award; or 5iv6 recogni:e and enforce a foreign as9in convention award!

a! ,here there was an evident miscalculation of figures, mista1e in the description of an) person, thing or propert) in the award; b! ,here the arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision c! ,here the arbitrators have omitted to resolve an issue submitted to them for resolution; d! ,here the award is imperfect in a matter of form not affecting the merits of the controvers), and if it had been a commissioner2s report, the defect could have been amended or disregarded b) the court! 3. !acatio& of the domestic arbitral award, the petition must also be filed not later than thirt) /30+ da)s from receipt a! 'he arbitral award was procured through corruption, fraud or other undue means; b! 'here was evident partialit) or corruption in the arbitral tribunal or an) of its members; c! 'he arbitral tribunal

%ules of a! A part) to the arbitration agreement is incapacitated, or the agreement is not valid under the agreed law or in default, under .hilippine law; b! A part) ma1ing the application to set aside enforcement was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; c! 'he award deals with a dispute not contemplated b) or not falling within the terms of the submission to arbitration, or contains decisions on matters be)ond the scope of the submission to arbitration; provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, onl) that part of the award which contains decisions on matters not submitted to arbitration ma) be set aside d! 'he composition of the arbitral tribunal or

ivil .rocedure

7rounds of %efusing %ecog! .hilippine courts ma) refuse recognition and enforcement to foreign arbitral award on an) of the following grounds (for 01, Sa(e 4 1rou&"s as 2/A 3e) e! 'he award has not )et become binding on the parties or has been set aside or suspended b) a court of the countr) in which that award was made (Sa(e 'rou&"s as 02 of 2/A)

was guilt) of misconduct or an) form of misbehavior that has materiall) pre0udiced the rights of a part); d! $ne or more of the arbitrators was disqualified to act as such under the law and willfull) refrained from disclosing such disqualification; e! 'he arbitral tribunal exceeded its powers f! 'he arbitration agreement did not exist, or is invalid for an) ground for the revocation of as contract or is otherwise unenforceable; or g! A part) to the arbitration is a minor or a person 0udiciall) declared to be incompetent 33the petition shall be filed onl) on behalf of the minor or the incompetent person, &t shall allege that 5i6 the other part) had 1nowingl) entered into a submission or agreement with such minor or incompetent; and 5ii6 the submission to arbitration was made b) a guardian or guardian a" lite( who

the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of .hilippine law from which the parties cannot derogate, or, failing such agreement, was not in accordance with .hilippine law; *! 'he court finds thata! 'he sub0ect matter of the dispute is not capable of settlement by arbitration under the law of the Philippines; or b! 'he recognition or enforcement of the award would be contrar) to public policy!

was not authori:ed to do so b) a competent court! 'he foregoing grounds are exclusive and the court cannot consider an) other ground! A!!ointment of Arbitrators (Rules 6.1 to 6.9, Special ADR Rules)

Judicial Relief Involving the Issue of Existence, Validity and Enforceability of the Arbitration Agreement. (Rules 3.1 to 3.22, ADR Rules) Petition "E#$%E A%"&'%A'&$( 1) 4etitio&. 'he initiator) pleading for 0udicial relief before the commencement of arbitration is a petition filed with the %egional 'rial ourt of i+ parties resides or ii+ has his principal place of business! A#'E% A%"&'%A'&$( 1. 4etitio&.13 ,ithin thirt) /30+ da)s from receipt of the notice of a ruling from an arbitral tribunal, an aggrieved part) ma) file a petition with the %egional 'rial ourt i) where the arbitration is

Referral to ADR. Rules 4.1 to 4.8, Special ADR Rules

Interim Measures of rotection. (Rules 5.1 to 5.6, Special ADR Rules)

"hallenge to A!!ointment of Arbitrator (Rules 7.1 to 7.9, Special ADR Rules)

#ermination of Mandate of Arbitrator (Rules 8.1 to 8.8, Special ADR Rules)

1. 4etitio&. 'he petition for the appointment of an arbitrator shall be filed with the %egional 'rial ourt i+ where the principal place of business of an) of the parties is located; ii+ if an) of the parties are individuals, where those individuals reside; or iii+ in the (ational apital %egion, at the option of the petitioner

1. Re5uest6(otio&. 'he pleading that initiates the referral to arbitration is a request or a motion and not a petition because the %ules on referral to A4% contemplate the existence of a pending court action alread) initiated either b) a complaint or a petition!

1. 4etitio&. 'he application for an interim measure of protection is initiated b) filing a petition filed with the %egional 'rial ourt of the place i+ where an) of the parties has his principal place of business or residence; or ii+ where an) of the acts sought to be en0oined are being performed or threatened to be performed; or iii+ where the real propert) sub0ect of the arbitration is situated, at the option of the petitioner

1. 4etitio&. 'he petition for the appointment of an arbitrator shall be filed with the %egional 'rial ourt i+ where the principal place of business of an) of the parties is located; ii+ if an) of the parties are individuals, where those individuals reside; or iii+ in the (ational apital %egion, at the option of the petitioner

1. 4etitio&. 'he petition for the appointment of an arbitrator shall be filed with the %egional 'rial ourt i+ where the principal place of business of an) of the parties is located; ii+ if an) of the parties are individuals, where those individuals reside; or iii+ in the (ational apital %egion, at the option of the petitioner

ta1ing place, or ii+ where an) of the petitioners or respondents has his principal place of business or residence, at the option of the petitioner,

2. /o((e&t6oppositio&. 'he comment or opposition must be filed within fifteen /1>+ da)s from service of the request or motion

2. /o((e&t6oppositio&. 'he respondent should file his comment or opposition within fifteen /1>+ da)s from the date of service of the petition

2. /o((e&t6oppositio&. 'he comment or opposition must be filed within fifteen /1>+ da)s from service of the petition

2. /o((e&t6oppositio&. 'he comment or opposition must be filed within fifteen /1>+ da)s from the service of the petition

2. /o((e&t6oppositio&. 'he comment or opposition must be filed within fifteen /1>+ da)s from the service of the petition

2. /o((e&t6oppositio&. 'he comment or opposition must be filed within fifteen /1>+ da)s from the service of the petition

Assistance in #a$ing Evidence (Rules 9.1 to 9.11, Special ADR Rules) 1. 4etitio&. 'he petition shall be filed with the %egional 'rial ourt where i+ arbitration proceedings are ta1ing place; ii+ the witness resides or ma) be found; iii+ the evidence ma) be found, at the option of

"onfidentiality% rotec tive &rders (Rules 1,.1 to 1,.1,, Special ADR Rules) 1. 4etitio& or (otio&. i) &f there is no pending court proceeding, the initiator) pleading shall be a petition to be filed with the %egional 'rial ourt of the place where the order ma) be implemented! ii+ &f there is such a

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of Arbitral A(ards

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of A. A(ards "onfirmation, Recognition, Recognition ) "orrection or Vacation Enforcement or Enforcement of a of Dom. A. A(ard 'etting Aside of an *oreign A. A. I"A A. 1. 4etitio&. 'he initiator) 1! .etition! 'he petition 1! .etition! 'he petition pleading for shall be filed with the can filed at an) time confirmation, correction %egional 'rial ourt after receipt of the or vacation of a domestic i+ where arbitration foreign arbitral award arbitral award in the first proceedings were and shall be filed with instance is a petition to conducted; the %egional 'rial ourt be filed with the %egional ii+where an) of the i+ where the assets to be 'rial ourt having assets to be attached or attached or levied upon 0urisdiction over the levied upon is located; are located; place iii+ here the act to be ii+ where the act to be i+ in which one of the en0oined will be or is en0oined is being

the petitioner

pending court proceeding, a motion on the %' where the action is pending! A separate petition will be improper because that will amount to multiplicit) of suits and forum9shopping! 33A cop) of the petition shall be served upon the respondent before it is filed in court!

parties is doing business; ii+ where an) of the parties resides; iii+ where the arbitration proceedings was conducted!

being performed; an) of the parties to arbitration resides or has his place of business; or vi+ &n the (ational apital Audicial %egion, at the option of the petitioner

performed; iii+ in the principal place of business in the .hilippines of an) of the parties; iv+ if an) of the parties is an individual, where an) of those individuals resides; or 5v6 in the (ational apital Audicial %egion, at the option of the petitioner!

*! omment@opposition! 'he comment or opposition must be filed within fifteen /1>+ da)s from service of the petition!

*! omment@opposition! 'he comment or opposition must be filed within fifteen /1>+ da)s from service of the petition or motion!

*! omment@petition9in9 opposition! &f the petition is sufficient in form and substance, the court shall cause notice and a cop) of the petition to be delivered to the respondent! 3! ,ithin fifteen /1>+ da)s from receipt of such notice, the respondents ma) file a comment,opposition, or a petition9in9 opposition! Repl#. 'he petitioner ma) file a repl) within fifteen /1>+ da)s from receipt thereof!11 A!!ointment of Arbitrators (Rules 6.1 to 6.9, Special ADR Rules)

*! (otice, opposition and repl)! &f the petition is sufficient in form and substance, the court shall cause a cop) of the petition to be delivered to the respondent directing him to file an opposition thereto, including a petition for recognition or to set aside in opposition thereto, within fifteen /1>+ da)s from receipt of the petition! 'he petitioner ma) file a repl) within fifteen /1>+ da)s from receipt of the opposition @ petition in opposition! "hallenge to A!!ointment of Arbitrator (Rules 7.1 to 7.9, Special ADR Rules)

*! (otice and opposition! &f the petition is sufficient in form and substance, the court shall cause notice and a cop) of the petition to be delivered to the respondent who ma) file a verified opposition thereto within thirt) /30+ da)s from receipt of the notice and petition!

Judicial Relief Involving the Issue of Existence, Validity and Enforceability of the Arbitration Agreement. (Rules 3.1 to 3.22, ADR

Referral to ADR. Rules 4.1 to 4.8, Special ADR Rules

Interim Measures of rotection. (Rules 5.1 to 5.6, Special ADR Rules)

#ermination of Mandate of Arbitrator (Rules 8.1 to 8.8, Special ADR Rules)

Rules) Contents of the Petition "efore Arbitration i+ the legal capacit) of the parties to sue and be sued; ii+ the nature and substance of the dispute; iii+ the grounds and circumstances relied b) the petitioner; iv+ the relief@s sought! v+ petition must be verified and vi+ a certification of non9 forum shopping! vii+ An authentic cop) of the arbitration agreement unless the ground relied upon is the nonexistence or unenforceabilit) of the arbitration agreement! viii+ A cop) of the petition shall be served upon the respondent before it is filed in court! After Arbitration i+ the facts showing that the petitioner or respondent has legal capacit) to sue or be sued; ii+ the nature and substance of the dispute; 5iii6 the grounds and circumstances relied upon for the petition; and iv+ the reliefs sought!

ontents of .etition i+ allegations and submissions in support of the request for referral to arbitration ii+ authentic cop) of the arbitration agreement and, iii+ must be served to the adverse part) first

&nterim Beasures in 7eneral 1+ .rior notice must be served upon the adverse *+ "ased on the grounds; i+ preserve propert); ii+ prevent the respondent from disposing of, or concealing, the propert), iii or prevent the relief pra)ed for from becoming illusor) because of prior notice, '$.@'.B 1+ Ex parte motion *+ 8howing urgent need to either i+ preserve propert); ii+ prevent the respondent from disposing of, or concealing the propert); or iii+ prevent the relief pra)ed for from being illusor) because of prior notice

ontents of $pposition i+ there is no agreement to refer the dispute to arbitration; ii+ the agreement is null and void; or iii+ the sub0ect matter of the dispute is not capable of settlement or resolution b) arbitration!

ontents of .etition i+ the general nature of the dispute; ii+ a description of the procedure for the appointment of the arbitrators, if there is an), and the agreement containing such procedure; iii+ the number of the arbitrators agreed upon or the absence of such an agreement; iv+ the special qualifications of the arbitrators if there is an) agreement thereon; v+ the fact that the appointing authorit), without 0ustifiable cause, has failed or refused to act as such within the time prescribed or within a reasonable time, from the date a request was made; and vi+ the petitioner is not the cause of the dela) or in the failure of the appointment of the arbitrator! vii+ 'he petition should contain an authentic cop) of the arbitration agreement, viii+ proof that the appointing authorit) has been notified

ontents of .etition i+ the name of the arbitrator challenged and his address; ii+ the grounds for the challenge; iii+ the facts showing that the ground for the challenge has been expressl) or impliedl) re0ected b) the challenged arbitrator; and iv+ the facts showing that the appointing authorit) failed or refused to act on the challenge! v+ A cop) of the petition shall be served upon the respondent before it if filed in court!

ontents of .etition i+ the name of the arbitrator whose mandate is sought to be terminated; ii+ the grounds for the termination; iii+ the fact that one or all of the parties had requested the arbitrator to withdraw but he failed or refused to accede; iv+ the fact that one or all of the parties requested the appointing authorit) to act on the request but is unable or has failed to act within thirt) /30+ da)s from the request or within such period of time as ma) have been agreed upon b) the parties or allowed under the applicable rule! v+ A cop) of the petition shall be served upon the respondent before it is filed in court!

v+ petitioner shall attach a cop) of the request for arbitration and vi+ ruling of the arbitral tribunal vii+ respondents shall be furnished with a cop) of the petition before it is filed!

of the filing of the petition for appointment with the court! ix+ 'he petition shall be served upon the respondent before it is filed in court!

Assistance in #a$ing Evidence (Rules 9.1 to 9.11, Special ADR Rules)

"onfidentiality% rotec tive &rders (Rules 1,.1 to 1,.1,, Special ADR Rules)

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of Arbitral A(ards

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of A. A(ards "onfirmation, Recognition, Recognition ) "orrection or Vacation Enforcement or Enforcement of a of Dom. A. A(ard 'etting Aside of an *oreign A. A. I"A A. ontents of .etition i+ addresses of the parties and an) change thereof; ii+ the 0urisdictional issues raised b) a part) during arbitration proceedings; iii+ the grounds relied upon; and 5iv6 the date of receipt of the arbitral award and the circumstances under which it was received b) the petitioner! v+ authentic cop) of the arbitration agreement, vi+ authentic cop) of the arbitral award, vii+ certification against ontents of .etition i+ the addresses of record of the parties; ii+ that the arbitration agreement or submission exists; iii+ the names of the arbitrators and proof of their appointment; iv+ that an arbitral award was issued and the date when the petitioner received it; and v+ the relief sought! 'he petitioner shall attach to the petition a+ an authentic cop) of the arbitration agreement; b+ an authentic cop) of ontents of .etition i+ the addresses of the parties; ii+ in the absence of an) indication in the award, the countr) where the arbitral award was rendered and whether such countr) is a signator) to the (ew Cor1 onvention; and iii+ the relief sought! 'he petition should contain an i+ authentic cop) of the arbitration agreement; ii+ an authentic cop) of the arbitral award, and iii+ a translation of the

ontents of .etition i+ the fact there is an on9 going arbitration proceeding even if such proceeding cannot continue due to some legal impediments; ii+ the arbitral tribunal ordered the ta1ing of evidence or the part) desires to present evidence to the arbitral tribunal; iii+ the materialit) or relevance of the evidence to be ta1en; and 5iv6 the names and addresses of the intended witnesses, place where the

ontents of .etition i+ that the information sought to be protected was obtained, or would be obtained, during an A4% proceeding; ii+ the applicant would be materiall) pre0udiced b) the disclosure of that information; iii+ the person or persons who are being as1ed to divulge the confidential information participated in the A4% proceedings; and iv+ the time, date and place when the A4%

evidence ma) be found, or the place where the acts required are to be done!

proceedings too1 place! ontents of the omment @ $pposition i+ the information is not confidential ii+ the information was not obtained during an A4% proceeding; iii+ there was a waiver of confidentialit); or iv+ the petitioner or movant is precluded from asserting confidentialit)!

forum shopping, viii+ authentic cop) of the appointment of the arbitral tribunal!

the arbitral award; c+ the verification and certification against forum shopping; and d+ an authentic cop) of the appointment of the arbitrator or the arbitral tribunal

arbitral award or the agreement certified b) than official, sworn translator, or a diplomatic or consular agent, if these documents are not in English

Judicial Relief Involving the Issue of Existence, Validity and Enforceability of the Arbitration Agreement. (Rules 3.1 to 3.22, ADR Rules)

Referral to ADR. Rules 4.1 to 4.8, Special ADR Rules

Interim Measures of rotection. (Rules 5.1 to 5.6, Special ADR Rules)

A!!ointment of Arbitrators (Rules 6.1 to 6.9, Special ADR Rules)

"hallenge to A!!ointment of Arbitrator (Rules 7.1 to 7.9, Special ADR Rules)

#ermination of Mandate of Arbitrator (Rules 8.1 to 8.8, Special ADR Rules)

ourt action "efore Arbitration &n resolving the petition, the court must exercise 0udicial restraint and defer to the competence or 0urisdiction of the arbitral tribunal to rule on its competence and 0urisdiction! After Arbitration 'he court shall render 0udgment on the basis of the pleadings filed and evidence submitted, within thirt) /30+ da)s from the time the petition is submitted for resolution &n view of the co(pete&ce* co(pete&ce pri&ciple, courts are en0oined to exercise 0udicial restraint and defer to the competence or 0urisdiction of the arbitral tribunal to rule on its competence or 0urisdiction! 'he filing and pendenc) of the petition for 0udicial relief shall not be a cause for the court to en0oin the arbitration proceeding and the arbitral tribunal ma) /ourt actio&. 'he court ma) either i+ grant the motion if it finds pri(a facie that there is a valid and enforceable arbitration agreement and that the sub0ect matter of the dispute is capable of arbitration; or ii+ den) it if the court finds otherwise!33 Either wa), the court should sta) the 0udicial proceedings while the motion for referral is pending resolution! Arbitral proceedings, however, ma) be commenced or continued, and an award ma) be made thereon, while the action is pending in court!34 As in the case of 0udicial relief involving the issues of existence, validit) and enforceabilit) of an arbitration agreement, the finding of the court that a valid and enforceable arbitration agreement exists and that the dispute involved is capable of arbitration, resulting in the grant of the motion /ourt actio&. 'he court shall resolve the petition within thirt) /30+ da)s from the i+ submission of the opposition, or ii+ upon the lapse of the period to file the same, or iii+ from termination of the hearing that ma) be set if there is need for clarification or further argument! &f the basis for the petition for an interim measure is the nonconstitution of the arbitral tribunal, the court, upon being informed of the subsequent constitution of the arbitral tribunal, shall defer action on the petition unless it is established that the arbitral tribunal has no power to act on an) such interim measure of protection or is unable to act thereon effectivel)! 'he interim measure of protection issued b) the court is without pre0udice to the subsequent grant, modification, amendment, revision or &n addition to ma1ing the appointment, the court ma) require each part) to submit a list of not less than three /3+ proposed arbitrators together with their curriculu( -itae from whom the court ma) appoint the arbitrator!?* .rior to the appointment, if the court is informed that the appointing authorit) has alread) made an appointment, it shall dismiss the petition 'he court has an) of the following options in resolving the petitiona! 7rant the petition b) removing the challenged arbitrator if it finds merit in the petition; b! 4ismiss the petition if there is no merit thereto; c! Allow the challenged arbitrator to withdraw as arbitrator; d! Accept the challenge and remove the arbitrator if i+ the part) or parties who named and appointed the challenged arbitrator agree to the challenge and withdraw the appointment; ii+ the other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator; or iii+ the challenged arbitrator fails or refuses to submit his comment on the petition or 'he court shall grant the petition and terminate the mandate of the arbitrator if it finds merit in the petition; otherwise it shall dismiss the petition! A substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced!=;

proceed with the arbitration and render the award

for referral, is pri(a facie, and not conclusive!

revocation thereof b) the arbitral tribunal!44

the brief of legal arguments as directed b) the court, or he fails to ob0ect to his removal!

Assistance in #a$ing Evidence (Rules 9.1 to 9.11, Special ADR Rules)

"onfidentiality% rotec tive &rders (Rules 1,.1 to 1,.1,, Special ADR Rules)

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of Arbitral A(ards

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of A. A(ards "onfirmation, Recognition, Recognition ) "orrection or Vacation Enforcement or Enforcement of a of Dom. A. A(ard 'etting Aside of an *oreign A. A. I"A A. 7eari&'. 'he proceedings for the confirmation, correction or vacation of domestic arbitral awards ma) either be summar) or regular! &f the court finds through the petition or petition9 inopposition thereto that there are issues of fact, it shall require the parties to submit the affidavits of all their witnesses /within a period of not more than fifteen 51>6 da)s from 7eari&'. 'he court ma) conduct the hearing through i+ the submission of briefs of legal arguments if the issue is mainl) one of law; or ii+ submission of affidavits of witnesses, repl) affidavits and documents in support thereof if there are issues of fact relating to the grounds relied upon for the petition! Dp to this point, the proceedings are summar) in nature! 'he court ma) conduct the hearing through i+ the submission of briefs of legal arguments if the issue is mainl) one of law; or ii+ submission of affidavits of witnesses, repl) affidavits and documents in support thereof if there are issues of fact relating to the grounds relied upon for the petition! 'he proceeding is summar) up to this stage! &n resolving the petition,

/ourt actio&. &f the evidence sought is not privileged, and is material and relevant, the court shall grant the request for assistance in ta1ing evidence and shall order the petitioner to pa) the costs attendant to such assistance!<*

/ourt actio&. &f the court finds the petition or motion meritorious, it shall issue an order en0oining the persons involved from divulging confidential information! 'he court shall impose the proper sanction, including citation for contempt, against an) person who disobe)s the order of the court to cease from divulging confidential information!

receipt of the order+ and repl) affidavits /within ten 5106 da)s from receipt of the affidavits to be replied to+, attaching thereto the documents relied upon in support of the statements of fact contained in the affidavits! Dp to this stage, the proceedings are summar)! Suspe&sio& of t$e procee"i&'s. &n a petition to set aside, the court, upon motion of part), ma) suspend the proceedings in order to give the arbitral tribunal an opportunit) to resume the arbitral proceedings or ta1e such other action as will eliminate the grounds for setting aside!

the court shall either Eowever, if, on the basis of the petition, the opposition, the affidavits and repl) affidavits, the court finds a need to conduct an oral hearing, it shall set the case for hearing during which the affidavits of witnesses shall ta1e the place of their direct examination i+ recogni:e and@or enforce; or ii+ refuse to recogni:e and enforce the foreign arbitral award, depending on the presence or absence of an) of the grounds to refuse the recognition or enforcement!

Judicial Relief Involving the Issue of Existence, Validity and Enforceability of the Arbitration Agreement. (Rules 3.1 to 3.22, ADR

Referral to ADR. Rules 4.1 to 4.8, Special ADR Rules

Interim Measures of rotection. (Rules 5.1 to 5.6, Special ADR Rules)

A!!ointment of Arbitrators (Rules 6.1 to 6.9, Special ADR Rules)

"hallenge to A!!ointment of Arbitrator (Rules 7.1 to 7.9, Special ADR Rules)

#ermination of Mandate of Arbitrator (Rules 8.1 to 8.8, Special ADR Rules)

Rules) %eleif Against Action

ourt Relief a'ai&st court actio&. 'he order granting the motion for referral to arbitration shall be immediatel) executor) and shall not be sub0ect to a motion for reconsideration, appeal or petition for certiorari! $n the other hand, an order den)ing the request for referral, although not sub0ect to appeal, ma) be the sub0ect of a motion for reconsideration and a petition for certiorari! 'he opportunit) to reverse a ruling adverse to arbitration is made available b) wa) of a motion for reconsideration or a petition for certiorari! Relief a'ai&st court actio&. &f the protective measure was issued in a proceeding whereat the adverse part) was given an opportunit) to be heard, the order of the court granting the petition shall be immediatel) executor), but ma) be the sub0ect of a motion for reconsideration, appeal or a petition for certiorari! $therwise, the order of the court, except a te(porar# protecti-e (easure, shall not be immediatel) executor)! Relief a'ai&st court actio&. 'he order of the court appointing an arbitrator shall be immediatel) executor) and shall not be the sub0ect of a motion for reconsideration, appeal or certiorari! An order of the court den)ing the petition for appointment of an arbitrator ma), however, be the sub0ect of a motion for reconsideration, appeal or certiorari +o Relief A'ai&st /ourt Actio&. An) order of the court resolving the petition shall be immediatel) executor) and shall not be sub0ect to a motion for reconsideration, appeal or certiorari! +o Relief A'ai&st /ourt Actio&. An) order of the court resolving the petition shall be immediatel) executor) and shall not be sub0ect to a motion for reconsideration, appeal or certiorari!

"efore Arbitration Relief a'ai&st court actio&. 'he determination b) the court upholding is merel) pri(a facie. 8uch pri(a facie determination, however, shall not be sub0ect to a motion for reconsideration, appeal or certiorari, but shall be without pre0udice to the right of an) part) to raise the same issues before the arbitral tribunal or the court in a petition to vacate or set aside the arbitral award! After Arbitration 'he aggrieved part) ma) file a motion for reconsideration of the order of the court, which shall, however, not be sub0ect to an appeal! &f the arbitral tribunal, instead of rendering a preliminar) ruling on its 0urisdiction, decides to defer such ruling until the rendition of the arbitral award, none of the parties can see1

0udicial relief from the deferment! Botions for reconsideration, appeal and petitions for certiorari are not available to challenge the decision of the arbitral tribunal to defer the resolution of the preliminar) issues

Assistance in #a$ing Evidence (Rules 9.1 to 9.11, Special ADR Rules)

"onfidentiality% rotec tive &rders (Rules 1,.1 to 1,.1,, Special ADR Rules)

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of Arbitral A(ards

"onfirmation, Recognition, Enforcement, "orrection, Vacation or 'etting Aside of A. A(ards "onfirmation, Recognition, Recognition ) "orrection or Vacation Enforcement or Enforcement of a of Dom. A. A(ard 'etting Aside of an *oreign A. A. I"A A. /ourt actio&. 'he court ma) either confirm or vacate the award! &t shall confirm the award unless a ground exists to vacate the domestic arbitral award! 'he arbitral award carries with it the presumption that is has been issued in due course of the arbitration and is sub0ect to confirmation b) the court! &f the petition or petition9 in9opposition to vacate Audgment! 'he arbitral award carries with it the presumption of having been made and released in due course and is sub0ect to enforcement b) the court! &n resolving the petition, the court shall either set aside or enforce the arbitral award and ma) award costs including attorne)2s fees! 'he court shall not disturb the arbitral tribunal2s determination of facts or interpretation of the law! 'he court ma) ad0ourn or defer the rendition of a decision if in the meantime an application for the setting aside or suspension of the award has been made with a competent authorit) in the countr) where the award was made! 'he court, upon the application of the petitioner, ma) require the other part) to give suitable securit)! 'he principle of combined reliefs is not applicable in the

%elief against court action! 'he order granting the request for assistance in ta1ing evidence shall be immediatel) executor) and not sub0ect to a motion for reconsideration or appeal! &f the court declines to grant assistance in ta1ing evidence, the petitioner ma) file a motion for reconsideration or appeal! 8ince appeal is available against an order declining assistance, a

Relief a'ai&st court actio&. 'he order en0oining the persons involved from divulging confidential information shall be immediatel) executor) and ma) not be en0oined while the order is being questioned before the appellate courts! &f the court declines to en0oin the persons involved from divulging confidential information, the petitioner or movant ma) file a motion for reconsideration or appeal!103 'he order declining the in0unction

petition for certiorari is unavailing! Eowever, no prohibition is made against a petition for certiorari as a remed) against a court order granting assistance!

is not sub0ect to a petition for certiorari, appeal being available! Eowever, there is no prohibition against the filing of a petition for certiorari from an order granting the petition or motion!

the award contains an application for the court to refer the case bac1 to the arbitral tribunal that rendered the award for the purpose of ma1ing a new or revised award or to direct a new hearing, or in an appropriate case, to order a new hearing before a new arbitral tribunal, the members of which shall be chosen in the manner provided in the arbitration agreement, or submission, or the law, the court ma) grant such reliefs! &n an) case, the court shall not disturb the arbitral tribunal2s determination of facts and interpretation of the law!

proceedings for the recognition or enforcement of foreign arbitral awards because .hilippine courts have no authorit) or 0urisdiction to set aside or vacate foreign arbitral awards! 'he) can onl) grant recognition or refuse to recogni:e them!