ADR REVIEW:

FORMS OF ARBITRATION:
1. BRGY CONCILIATION
-all allowed except lawyers
-if party do not attend, no sanction
2. LABOR ARBITRATION
- If party do not attend, no sanction
- The arbiter who handles the case has no power to compel parties to attend
- It is arbitration because parties present evidence
3. Construction Arbitration
-CIA - EO 10058 = has the original and exclusive jurisdiction on all cases with
contract of cosntruction
- Parties should not file the case to the court as it may be dismissed for lack of
jurisdiction
-parties need to submit themselves to arbitration commission for CIA to acquire
jurisdiction
HOW CIA AQCUIRE JURISDITION?
When the parties:
A. pay fees
B. appear in person
C. signed the agreement
D. sign the minutes
4. Consumer Arbitration
- Consumer Arbitration Offices - has the jurisdiction
- Parties are not prohibited from filing the case in the court
5. Corporate Arbitration
- Corporate dispute
-Stock holders
SEC has jurisdiction
court - jurisdiction over intra-corporate dispute

6. Partnership
- Civil ode
7. Administrative Arbitration
8. Environmental Mediation - DENR jurisdiction
9. Executive Arbitration
10. Foreign Arbitration - commercial dispute of international character
11. Banking Arbitration
12. Mining Arbitration - DENR jurisdiction
13. Maritime arbitration
14. Insurance arbitration - Insurance commission has jurisdiction. Party cannot
file with the Adjudication board unless denied in the Arbitration
15. Intellectual property Arbitration
16. Securities ARbitration

JURISDITION-ARBITRATION - conferred by Law and the parties

MEDIATION - offered by law only

KATARUNGANG PAMBARANGGAY
party should be a resident
nonresident but the party complained should be a resident
If another brgy as long as included in one City
If living in another city/province as long as it is adjacent

LETURE - 02.14.15
ARBITRATION
- More strict than mediation but less stricter than court proceedings because court
trial requires decorum and rules of court
1.Preparatory Matter
selection of 3 panels and chairman

2. Submission of Pleadings
Announcement of Ground rules
Statement of issues by the arbitrators
Opening of Arbitration hearing (hearing an go on the whole day)
3. Arbitration proper Hearing
Opening statement - plaintiff first, net defendant. Even minimal issues can be
disused
Evidence presentation - Offer of rebuttal evidence, evidence of plaintiff
4. Losing Argument
Defendant first, net is plaintiff
Final Argument
5. Final and POST Arbitration Matter
- Arrangement for site inspection
-announcement of date of release of award
6. Completion of Hearing record

Valid Proceedings - compelled. If not, present evidence ex parte

Arbitrator Deadlock
Vacate the Decision Award
-confirm or modify decision
Challenge the Appropriate Arbitrators or Disqualify and then ask the court for panel
arbitration

Question of LAw
*RESEARH YOUR OPPOSING OUSEL
*BE NIE TO ARBITRATOR
*BE PREPARED
*BE SURE TO IMPRESS
*BE READY TO ROSS EAMINE BEAUSE THERE IS NO RE-SETTING
*MOVE TO MODIFY AND ORREET MISTAKE PROPMTY

*IF ALL FAILS, LITIGATE SOME MORE AND HAVE THE ASE REVIEWED BY THE HIGHER
OURT
COVERAGE
60% ARBITRATION
40% PAST LETURE