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SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION


The Specific Court Reliefs
A. Judicial Relief Involving the Issues of Existence, Validity and Enforceability of the Arbitration
Agreement (Rules 3.1 to 3.22 Special ADR Rules)
The issues involved in these proceedings are:
1. Existence of the arbitration agreement whether or not there is an arbitration
agreement;
2. Validity of the arbitration agreement whether or not the arbitration agreement
complies with all the essential requisites for a valid contract;
3. Enforceability of the arbitration agreement whether or not the arbitration
agreement is enforceable in accordance with Article 1403 of the Civil Code.
This judicial relief is applicable only to arbitration proceedings conducted in the
Philippines.
The proceedings of this nature are summary.
This special proceeding is the procedural mechanism for the enforcement of the
contract to arbitrate.
Judicial Relief Before Commencement of Arbitration
(Rules 3.2 to 3.11, Special ADR Rules)
These rules apply when the following circumstances are present:
1. The arbitration proceeding has not yet commenced; and
2. There is between the parties a dispute regarding the existence, validity or
enforceability of the arbitration agreement.
The procedural rules are as follows:
1. Petition.
Filed with the Regional Trial Court (RTC) where any of the parties resides
or has his principal place of business.
The petition should state facts showing:
i. The legal capacity of the parties to sue and be sued;
ii. The nature and the substance of the dispute;
iii.
The grounds and circumstances relied upon by the petitioner; and
iv. The relief sought.
The petition must be verified and must be accompanied by a certification
of non-forum shopping.
An authentic copy of the arbitration agreement should be attached to the
petition unless the ground relied upon is the non-existence or
unenforceability of the arbitration agreement.

Copy of the petition shall be served upon the respondent before it is filed
in court.

2. Comment/opposition.
Within 15 days from service of the petition, the respondent must file his
comment or opposition.
3. Court action.
The court must exercise judicial restraint and defer to the competence or
jurisdiction of the arbitral tribunal to rule on its competence and
jurisdiction.
4. Relief against court action.
Prima facie determination. Such prima facie determination, however, shall
not be subject to a motion for reconsideration, appeal or certiorari, but
shall be without prejudice to the right of any party to raise the same issues
before the arbitral tribunal or the court.
If the court finds the arbitration agreement inexistent, invalid or
unenforceable, the aggrieved party may file a motion for reconsideration or
a petition for certiorari.
Judicial Relief After Arbitration Commences
(Rules 3.12 to 3.22, Special ADR Rules)
These rules apply when the following circumstances are present:
1. The arbitration proceeding has already commenced, the arbitral tribunal has been
constituted and has rendered a preliminary ruling on its jurisdiction; and
2. A party desires to challenge the arbitral tribunals ruling on the issue of jurisdiction.
The procedural rules are as follows:
1. Petition.
Within 30 days from receipt of the notice of a ruling from an arbitral
tribunal, an aggrieved party may file a petition with the RTC:
i. where the arbitration is taking place; or
ii. where any of the petitioners or respondents has his principal place
of business or residence, at the option of the petitioner.
The petition shall state:
i. the facts showing that the petitioner or respondent has legal
capacity to sue or be sued;
ii. the nature and the substance of the dispute;
iii.
the grounds and circumstances relied upon for the petition; and
iv. the relief sought.
Petitioner shall attach a copy of the request for arbitration and the ruling of
the tribunal.
Respondents shall be furnished with a copy of the petition before it is filed.
2. Comment/opposition.

Respondent should file his comment or opposition within 15 days from the
date of service of the petition.

3. Court action.
Court shall render judgement on the basis of the pleadings filed and
evidence submitted, within 30 days from the time the petition is submitted
for resolution.
Competence-competence principle, courts are enjoined to exercise judicial
restraint and defer to the competence or jurisdiction of the arbitral tribunal
to rule on its competence or jurisdiction.
The filing and pendency of the petition for judicial relief shall not be a
cause for the court to enjoin the arbitration proceeding and arbitral tribunal
may proceed with the arbitration and render the award.
4. Relief against court action.
Aggrieved party may file a motion for reconsideration of the order of the
court, which shall not subject to an appeal.
An order affirming jurisdiction of the arbitral tribunal not subject to a
petition for certiorari, but an order denying jurisdiction may be subject of
such petition.
If arbitral tribunal decides to defer such ruling until the rendition of the
arbitral award, none of the parties can seek judicial relief from the
deferment.
If the resolution is deferred or before the court could render any ruling, the
arbitral tribunal renders final arbitral award, the pending petition for judicial
relief will be rendered moot and academic and any pending decision ought
to be dismissed.
In petition for judicial relief, the arbitrator or the members of the arbitral
tribunal shall be nominal parties.
Nominal party is one who is named as party in an action although the real
interest is with some other party.
Real party-in-interest is the party who stands to be benefited or injured by
the judgment or the party entitled to the avails of the suit.
Indispensable party is a party who has such an interest in the controversy
or subject matter that a final adjudication cannot be made, in his absence,
without injuring or affecting that interest.
Necessary party is one who is not indispensable but who ought to be
joined as a party if complete relief is to accorded as those who are already
parties, or for a complete determination or settlement of the claim subject
of an action.
B. Referral to ADR( Rules 4.1 to 4.8, Special ADR Rules)
The situation contemplated by this Rule is that where:
1. There is already a pending court action;
2. There is either:

i. pre-action arbitration agreement - if executed prior to the filling of an action


i.e pre-causal arbitration agreement (agreement to submit to arbitration)
or present-causal arbitration agreement (submission agreement) ; or
ii. present-action arbitration agreement (which is necessarily a submission
agreement) - if executed after the filing of the action.
3. One or both parties desire to undergo arbitration.
Here are the procedural rules:
1. Request/motion.
The pleading that initiates the referral to arbitration is a request or a
motion and not a petition.
The motion shall contain an authentic copy of the arbitration agreement
and must be served upon the respondent and be set for hearing.
2. Comment/opposition.
Must be filed within 15 days from service of the request or motion and
must show that:
i. There is no agreement to refer the dispute to arbitration;
ii. The agreement is null and void; or
iii.
The subject matter is not capable of settlement or resolution by
arbitration.
3. Court action.
The court may:
i. Grant the motion if it finds prima facie that there is a valid and
enforceable arbitration agreement and that the subject matter of
the dispute is capable of arbitration; or
ii. Deny it if the court finds otherwise.
Arbitral proceedings may be commenced or continued, and an award may
be made while the action is pending in court.
4. Relief against court action.
The order granting the motion for referral to arbitration shall be
immediately executory and shall not be subject to a motion for
reconsideration, appeal or petition for certiorari.
An order denying the request for referral, although not subject to appeal,
may be subject for a motion for reconsideration and a petition for certiorari.
In accordance with the principle of preference for ADR, courts are prohibited from denying
the request for referral of some or all of the parties to arbitration for any of the following
reasons:
1. Not all of the disputes subject of the civil action may be referred to arbitration;
2. Not all of the parties to the civil action are bound by the arbitration agreement and
referral to arbitration would result in multiplicity of suits;
3. The issues raised in the civil action could be speedily and efficiently resolved in its
entirety by the court rather than in arbitration;
4. Referral to arbitration does not appear to be the most prudent action; or

5. The stay of the action would prejudice the rights of the parties to the civil action who
are not bound by the arbitration agreement.
Legal effects of the non-application of the arbitration clause to a case:
i. the judicial proceedings conducted beyond the point when the dispute should have
been referred to arbitration are rendered invalid;
ii. the decisions, including those of the appellate courts, must be vacated and set
aside;
iii.
the case must be remanded to the court a quo to be suspended at said point; and
iv. the petitioner and respondent must then be referred to arbitration pursuant to the
arbitration clause.
C. Interim Measures of Protection (Rules 5.1 to 5.6, Special ADR Rules)
These rules contemplate the situation:
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 the arbitral tribunals constitution but it has no power to act or is unable to act
effectively.
2. Where a party desires to secure interim measures of protection.
Measures of protection may either be:
I.

Interim Measures of Protection


The parties may request from the court, the following interim measures:
i. Preliminary injunction directed against a party to arbitration;
ii. Preliminary attachment against property or garnishment of funds in the
custody of a bank or third person;
iii.
Appointment of a receiver;
iv. Detention, preservation, delivery or inspection of property; or
v. Assistance in the enforcement of an interim measure of protection
granted by arbitral tribunal which it cannot enforce effectively.
Rules of procedure for the application of interim measures:
1. Petition.
Filing a petition with the RTC of the place where:
i. Any of the parties has his principal place of business or
residence; or
ii. Any of the acts sought to be enjoined are being
performed or threatened to be performed; or
iii.
The real property subject of the arbitration is situated, at
the option of the petitioner.
Prior notice must be served upon the adverse party unless the
petitioner alleges in the petition an application for an ex parte
temporary protective measure to the effect that there is an urgent
need to either:
i. preserve property;

ii.
iii.

prevent the respondent from disposing of, or concealing,


the property;
or prevent the relief prayed for from becoming illusory
because of prior notice, and the court finds that the
reasons given are meritorious.

2. Comment/opposition.
Must be filled 15 days from service of the petition.
3. Court action.
The court must resolve the petition within 30 days from the:
i. Submission of the opposition; or
ii. Upon the lapse of the period to file the same; or
iii.
From the termination of the hearing that may be set if
there is need for clarification or further argumentation.
4. Relief against court action.
Order granting or denying an interim measure may be subject of a
motion for reconsideration, appeal or a petition for certiorari.
II.

Temporary Order of Protection or Temporary Protective Measure(TOP or TPM)


an injunctive relief the office of which is to preserve property
subject matter of the arbitration, prevent the disposition or
concealment thereof, or prevent the relief prayed for from
becoming moot and academic, during the period that the court is
resolving the application for the interim protective measure.
Issued on the following conditions:
1. There is an urgent need to:
i. preserve property;
ii. prevent the respondent from disposing of, or
concealing, the property;
iii.
prevent the relief prayed for from becoming illusory
because of prior notice.
2. The petitioner shall post bond to answer for any damage that
the respondent may suffer as a result thereof;
3. It shall be valid only for 20 days from the service on the party
required to comply unless extended but not for more than 20
days;
4. During the 20 day period and any extension, the court shall
determine the propriety of issuing the principal interim
protective measure requested; and
5. It can be lifted by the respondent by posting an appropriate
counter-bond as determined by the court.
TOP or TPM is similar to temporary restraining order (TRO) in that
these measures are temporary in character, intended to ensure
the efficacy of the principal relief.
TOP or TPM vs TRO

1. TOP or TPM is susceptible of extension for not more than 20


days while TRO is non-extendible and becomes functus oficio
after the lapse of 20 days from service.
2. Bond is required for a TOP or TPM unlike TRO which does
not generally require the posting of a bond.
3. TOP or TPM may be lifted through the posting of a counter
bond which is not true of a TRO.
D. Appointment of Arbitrators (Rules 6.1 to 6.9, Special ADR Rules)
The rules on the judicial appointment of arbitrators apply if:
1. There is a failure to appoint under the following circumstances:
a. Where any of the parties in an institutional arbitration failed or refused to appoint
an arbitrator, or the parties have failed to reach an agreement on the sole
arbitrator or when the two designated arbitrators failed to reach an agreement on
the third or presiding arbitrator and the institution under whose rules arbitration is
to be conducted fails or is unable to perform its duty as appointing authority within
reasonable time from receipt of the request for appointment;
b. Where the arbitration is ad hoc and the parties failed to provide a method for
appointing or replacing an arbitrator, or substitute arbitrator, or the method agreed
upon is ineffective, and the national President of the Integrated Bar of the
Philippines (IBP) or his duly authorized representative fails or refuses to act within
such period as may be allowed under the pertinent rules of the IBP or within such
period as may be agreed upon by the parties, or in the absence thereof, within 30
days from receipt of such request for appointment; or
c. Where the parties agreed that their dispute shall be resolved by three arbitrators
but no method of appointing those arbitrators has been agreed upon, and the
parties, and subsequently, the appointing authority, fails or refuses to appoint the
arbitrator within a reasonable time from receipt of the request to do so.
2. And any party or the appointed arbitrators request the court to act as the appointing
authority and appoint the arbitrator or third arbitrator as the case may be.
Rules of procedure for the judicial appointment of arbitrators:
1. Petition.
Filed with RTC:
i. Where the principal place of business of any of the parties is located;
ii. If any of the parties are individuals, where those individuals reside; or
iii.
In the National Capital Judicial Region, at the option of the petitioner.
The petition shall state:
i. The general nature of the dispute
ii. Description of the procedure for the appointment of the arbitrators, if
there is any, 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 any agreement
thereon;

v.
vi.

The fact that the appointing authority, without justifiable cause, has
failed or refused to act as such within the time prescribed or within a
reasonable time, from the date of request made; and
The petitioner is not the cause of the delay or in failure of the
appointment of the arbitrator.

2. Comment/opposition.
Must be filed within 15 days from service of the petition.
3. Court action.
Court may require each party to submit a list of not less than 3 proposed
arbitrators together with their curriculum vitae from whom the court may
appoint the arbitrator.
Prior appointment, if the court is informed that the appointing authority has
already made an appointment, it shall dismiss the petition.
4. Relief against court action.
The order of the court appointing an arbitrator shall be immediately executory
and shall not be the subject of a motion for reconsideration, appeal or
certiorari.
The order denying the petition is subject of a motion for reconsideration,
appeal or certiorari.
E. Challenges to Appointment of Arbitrator (Rules 7.1 to 7.9, Special ADR Rules)
The rules of procedure on the judicial challenge to the appointment of arbitrators apply to
the following situation:
1. The challenge to the appointment of an arbitrator before the arbitral tribunal is not
successful, and the appointing authority fails or refuses to act on the challenge within
such period of time as may be allowed under the applicable rule or, in the absence
thereof, within 30 days from receipt of the request; and
2. The aggrieved party wants to secure judicial action on the challenge.
The procedure for the challenge to the appointment of an arbitrator before the court is as
follows:
1. Petition.
Filed with the RTC:
i. where the principal place of business of any of the parties is located;
ii. if any of the parties are individuals, where those individuals reside; or
iii.
in the National Capital Judicial Region, at the option of the petitioner.
The petition shall state:
i. the name of the arbitrator challenged and his address;
ii. the grounds for challenge;
iii.
the facts showing that the ground for the challenge has been
expressly or impliedly rejected by the challenged arbitrator; and
iv. the facts showing that the appointing authority failed or refused to act
on the challenge.

2. Comment/opposition.
The challenged arbitrator or other parties may file a comment or opposition
within 15 days from service of the petition.
3. Court action.
Court options in resolving the petition:
a. Grant the petition by removing the challenged arbitrator if it finds merit
in the petition;
b. Dismiss 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 party 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 the brief of legal arguments as
directed by the court, or he fails to object to his removal.
4. No relief against court action.
The court order resolving the petition is immediately executory and not subject
to a motion for reconsideration, appeal or certiorari.
F. Termination of Mandate of Arbitrator (Rules 8.1 to 8.8, Special ADR Rules)
In the judicial challenge to an arbitrator, the arbitrator is sought to be removed on the
ground of partiality or non-compliance with the qualifications required him. In the judicial
termination of the mandate of an arbitrator, the arbitrator who has been validly appointed
has become incapable of performing his functions or has become unable to do so.
The rules apply when:
1. An arbitrator becomes de jure or de facto unable to perform his functions or for other
reasons fail to act without undue delay;
2. The arbitrator, upon request of any party, fails or refuses to withdrawal from his office;
3. The appointing authority fails or refuses to decide on the termination of the mandate of
the arbitrator within such period of time as may be allowed under the applicable rule
or, in the absence thereof, within 30 days from the time the request is brought before
him; and
4. Any party seeks judicial action in terminating the mandate of the arbitrator.
The procedure is as follows:
1. Petition.
Filed with the RTC:
i. where the principal place of business of any of the parties is located;
ii. where any of the parties who are individuals reside; or
iii.
in the National Capital Judicial Region, at the option of the petitioner.
The petition shall state:

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i.
ii.
iii.

the name of the arbitrator whose mandate is sought to be terminated;


the grounds for the termination;
the fact that one or all of the parties had requested the arbitrator to
withdrawal but he failed or refused to accede;
iv. the fact that one or all of the parties requested the appointing
authority to act on the request but is unable or has failed to act within
30 days from the request or within such period of time as may have
been agreed upon by the parties or allowed under the applicable
rule.
Copy of the petition shall be served upon the respondent before it is filed in
court.
2. Comment/opposition.
Must be filed within 15 days from service of the petition.
3. Court action.
The court shall grant the petition if it finds merit, otherwise dismiss the petition.
If granted, a substitute arbitrator shall be appointed according to the rules
applicable.

4. No relief against court action.


Any court order resolving the petition shall immediately executory and shall not be subject to
motion for reconsideration, appeal or petition for certiorari.
G. Assistance in Taking Evidence (Rules 9.1 to 9.11, Special ADR Rules)
The relief is available whether the arbitration is domestic or foreign. ( an exception to the
principle that Special ADR rules are applicable only to domestic arbitration and Philippine
ICA.
Arbitral tribunal is not clothed with authority to cite persons or parties in contempt, however
the court may impose sanctions, including the citation of contempt.
The rules apply to following situation:
1. There is a pending arbitration, whether domestic or foreign;
2. A party desires to present evidence or the arbitral tribunal ordered the taking of
evidence, necessitating court assistance; and
3. The evidence is sought from a person, including a representative of a corporation,
association, partnership or other entity, other than a party to the arbitration or its
officers, found in the Philippines.
Examples of court assistance in taking evidence are enumerated in Rule 9.5 of the Special
ADR Rules. They correspond to the different classes of evidence under the Rules of court.
Thus:
1. On Testimonial evidence:
a. To comply with a subpoena ad testificandum; and
b. To appear as witness before an officer for the taking of his deposition upon oral examination or
written interrogatories.

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2. On documentary evidence:
a. To comply with a subpoena duces tecum;
b. To allow the examination and copying of documents.
3. On real evidence:
a. To allow the physical examination of the condition of persons, or the inspection of things or
premises and, when appropriate, to allow the recording or documentation of the conditions of
persons, things or premises (i.e. taking photographs, video recording or using other means of
recording or documentation).
The procedure is as follows:
1. Petition.
Filed with the RTC where:
i. arbitration proceedings are taking place;
ii. the witness resides or may be found;
iii.
the evidence may be found, at the option of the petitioner.
Must state:
i. The fact there is an on- going arbitration proceeding even if such
proceedings cannot continue due to some legal impediments;
ii. The arbitral tribunal ordered the taking of evidence or a party desires
to present evidence to the arbitral tribunal;
iii.
The materiality or relevance of the evidence to be taken;
iv. The names and addresses of the intended witnesses, place where
the evidence may be found or where the acts required to be done.
Petition shall be served upon the respondent before it is filed in court.
2. Comment / Opposition.
Must be filed within 15 days from service of the petition.

3. Court action.
If the evidence sought is not privileged, and is material and relevant, the court shall grant the
request for assistance in taking evidence and shall order the petitioner to pay costs attendant to
such assistance.
4. Relief against court action.
The order granting the request for assistance in taking evidence shall be immediately executory
and not subject to a motion for reconsideration, appeal or petition for certiorari.
If the court declines the request, petitioner may file a motion for reconsideration, appeal or
petition for certiorari.
H. Confidentiality/Protective Orders (Rules 10.1 to 10.10, Special ADR Rules)
Refers to judicial enforcement of the confidential nature of information disclosed or
obtained during an ADR proceeding.
The rules apply when:
1. An ADR proceeding is pending;

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2. A party, counsel or witness disclosed information or was otherwise compelled to


disclose information;
3. The disclosure was made under circumstances that would create a reasonable
expectation, on behalf of the source, that the information shall be kept confidential;
4. The source of the information or the party who made the disclosure has the right to
prevent such information from being disclosed;
5. The source of the information or the party who made the disclosure has not given his
express consent to any disclosure; and
6. The applicant would be materially prejudiced by an unauthorized disclosure of the
information obtained, or to be obtained, during the ADR proceeding.
The procedure is as follows:

1. Petition or motion.
If there is no pending court proceeding, filed with the RTC of the place where
the order may be implemented.
Copy of the petition shall be served upon the respondent before it is filed in
court.
If there is pending court proceeding, applicant should file with the court where
the proceeding is pending a motion to enjoin the disclosure or to suppress
the confidential information.
The petition or motion must state:
i. that the information sought to be protected was obtained, or would
be obtained, or would be obtained, during ADR proceeding;
ii. the applicant would be materially prejudiced by the disclosure of that
information;
iii.
the person or persons who are being ask to divulge the confidential
information participated in the ADR proceedings; and
iv. the time, date and place when the ADR proceedings took place.
2. Comment/opposition.
Must be filed within 15 days from service of the petition or motion.
Comment or opposition may be accompanied by proof that:
i. the information is not confidential;
ii. the information was not obtained during an ADR proceeding;
iii.
there was a waiver of confidentiality; or
iv. the petitioner or movant is precluded from asserting confidentiality.
3. Court action.
If meritorious, order shall be issue to enjoin the person involved from divulging confidential
information.
Court shall impose proper sanction, including citation for contempt, against any person who
disobeys the order of the court to cease from divulging confidential information.
4. Relief against court action.
Immediately executory and may not enjoined while the order is being
questioned before the appellate courts.
The order enjoining or refusing to enjoin persons involved from divulging
confidential information may be the subject of a motion for reconsideration or
appeal, but not a petition for certiorari.

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I.

Confirmation, Recognition, Enforcement, Correction, Vacation or Setting Aside of Arbitral


Awards ( Rules 11 to 13, Special ADR Rules)
The circumstances covered by these rules are as follows:
1. An arbitral award has been rendered either in:
i. domestic arbitration;
ii. Philippine ICA;
iii.
foreign arbitration resulting in a convention award or non-convention award
but with comity and reciprocity.
2. A party seeks to:
i. confirm, correct or vacate the domestic arbitral award;
ii. recognize and enforce, or set aside the Philippine ICA award; or
iii.
recognize and enforce the foreign convention award or foreign as-in
convention award.

Ia. Confirmation, Correction or Vacation of Domestic Arbitral Awards (Rules 11.1 to 11.9, Special
ADR Rules)
Judicial affirmation of a domestic arbitral award is done through confirmation and not
recognition.
Recognition pertains to the grant of legal effect by Philippine courts to an arbitral
award with foreign elements.
Causes of Action and Grounds
1. Confirmation of the domestic arbitral award
petition for which can be filed at any time after the lapse of 30 days from
receipt by the petitioner of the arbitral award, unless it is filed in opposition to
a petition for vacation in which case the petition for confirmation may be filed
at any time after the filing of the petition for vacation.
2. Correction or modification of the domestic arbitral award
must be filed not later than 30 days from receipt of the arbitral award, unless
the correction is applied for a supplementary relief to a petition for
confirmation in which case the correction may be applied for at the same time
as the filing of the petition for confirmation. The grounds are as follows:
a. Where there was an evident miscalculation of figures or an evident
mistake in the description of any person, thing or property referred to in
the award;
b. Where the arbitrators have awarded upon a matter not submitted to
them, not affecting the merits of the decision upon the matter
submitted;
c. Where the arbitrators have omitted to resolve an issue submitted to
them for resolution; or
d. Where the award is imperfect in a matter of form not affecting the
merits of the controversy, and if it had been a commissioners report,
the defect could have been amended or disregarded by the court.
3. Vacation of the domestic arbitral award
the petition or petition-in-opposition for which must be filed not later than 30
days from receipt of the arbitral award.
Grounds are as follows:

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a. The arbitral award was procured through corruption, fraud or other undue
means;
b. There was evident partiality or corruption in the arbitral tribunal or any of
its members;
c. The arbitral tribunal was guilty of misconduct or any form of misbehavior
that has materially prejudiced the rights of any party;
d. One or more of the arbitrators was disqualified to act as such under the
law and willfully refrained from disclosing such disqualification;
e. The arbitral tribunal exceeded its powers, or so imperfectly executed
them, such that a complete, final and definite award upon the subject
matter submitted to them was not made;
f. The arbitration agreement did not exist, or is invalid for any ground for
the revocation of a contract or is otherwise unenforceable; or
g. A party to the arbitration is a minor or a person judicially declared to be
incompetent, in which case, the petition shall be filed only on behalf of
the minor or the incompetent person, and shall allege that:
i. the other party had knowingly entered into a submission or
agreement with such minor or incompetent; and
ii.
the submission to arbitration was made by a guardian or
guardian ad litem who was not authorized to do so by a
competent court.
The foregoing grounds are exclusive and the court cannot consider any other
ground.

Combination of Causes of Action


These are the proceedings involving domestic arbitral awards which cannot be
vacated or set aside.
The principle allows the combination of 2 or more reliefs to be pleaded in the same
proceeding.
Initiatory relief is that which is pleaded in the initiatory petition, while the relief-inopposition is that prayed for in order to oppose the initiatory relief.
Supplementary relief as in the case of a prayer for correction of an arbitral award in
support of a petition for confirmation.
Alternative relief as in the case of a prayer for correction as an alternative to a
petition to vacate in opposition to a petition for confirmation.
The following combinations are possible:
1. Confirmation/vacation
2. Confirmation/correction
3. Vacation/correction.
Combination is possible only in the following instances:
1. If the petition to vacate, with a filing period of 30 days from receipt of the
arbitral award, is filed first as it can be opposed by a petition-in-opposition for
confirmation which can be filed at any time after the petition to vacate has
been filed.
2. Or if the arbitral award is received ahead by the party intending to confirm it
and it is received later by the party intending to vacate it, in which case, the
filing period for the petition to set aside the arbitral award will overlap with the
filing period for the petition for confirmation.

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Ib. Recognition, Enforcement or Setting Aside of ICA Awards (Rules 12.1 to 12.14, Special ADR
Rules)
Causes of Action:
1. Recognition and Enforcement
Can be filed at any time from receipt of the award.
2. Setting aside an ICA award
Should be filed 3 months from the time the petitioner receives a copy of the
ICA award or resolution.
The grounds for setting aside an ICA award:
1. The party making the application furnishes proof that:
a. A party to the arbitration agreement was under some incapacity, or said
agreement is not valid under the law which the parties have subjected it or, failing
any indication thereof, under Philippine law;
b. The party making the application to set aside or resist 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. The award deals with a dispute not contemplated by or not falling within the terms
of the submission to arbitration, or contains decisions on matter beyond the scope
of the submission to arbitration.
d. The composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties, unless such agreement was in
conflict with a provision of Philippine law.
2. Or the court finds that:
a. The subject matter of the dispute is not capable of settlement by arbitration under
the law of the Philippines; or
b. The recognition or enforcement of the award would be contrary to public policy.
Ic. Recognition and Enforcement of Foreign Arbitral Awards (Rules 13.1 to 13.12, Special ADR
Rules)
A convention award is a foreign arbitral award made in a state which is a party to the
New York Convention.
As-in convention award is one which, although rendered in a state which is not a
party to the New York Convention, may be recognized and enforced by Philippine
courts by reasons of comity and reciprocity as if it is a convention award.
This rule is not applicable to foreign arbitral awards rendered in a non-convention
country which does not extend comity or reciprocity to the Philippines. They may be
recognized and enforced under Section 48, Rule 39 of the 1997 Rules of Civil
Procedure.
The grounds upon which Philippine courts may refuse recognition and enforcement to
foreign arbitral awards which, except for 1(e), constitute the same ground for setting
aside an ICA award:
1(e) The award has not yet become binding on the parties or has been set aside or
suspended by a court of the country in which that award was made.

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