ALTERNATIVE DISPUTE RESOLUTION

Course Outline - SY 2015-2016

I.
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Introduction
What is Conflict? And How to Manage Conflict.

II.
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Common Types of Dispute Settlement

Negotiation
Inquiry and fact finding
Mediation
Good offices
Conciliation
Arbitration

III.
International Dispute Resolutions
- Overview of International Law
- Basic principles of international law (sovereignty, jurisdiction, independence, etc.)
- Article 33, Paragraph 1 of the United Nations Charter
- International Court of Justice.
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Some of Alternative Dispute Settlement Institutions

- Permanent Court of Arbitration (Hague Convention 1907)
- International Court Arbitration (International Chamber of Commerce)
- United Nations Commission for International Trade Law (1985 UNCITRAL Model
Law On International Commercial Arbitration)
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1958 New York Convention

How to Settle International Business Dispute

- Types of Arbitration
- Arbitral tribunal
- Arbitration Proceedings
- Lex arbitri and the law of the subject matter
- Award (rendering, recognition, enforcement, etc)

IV.
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Domestic Dispute Resolutions

Introduction to Domestic Dispute Resolution
Arbitration Law (Republic Act No. 876)
Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285)
DOJ department Circular No. 98 s 2009 (Implementing Rules and Regulations of
Alternative Dispute Resolution Act of 2004)
A.M. No. 07-11-08-SC (Special Rules of Court on Alternative Dispute Resolution)

Dear Students:
You are required to research and study the above subject topics. Classes will be
conducted by lecture and recitation per session. Attendance is mandatory. There will be
midterm and final examination with quizzes in between. Please designate a class
representative who will directly communicate with me (once designated I will give that
person my mobile and email for class assignments and important announcements). See
you soon!
- Prof. Ever