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SUMMARY
Q: How should the Model Law be interpreted?
A: I n interpreting the Model Law, regard shall be had to:
a. Its international origin
b. To the need of uniformity in its interpretation
c. Resort may be made to the travaux preparatories
d. The report of the Secretary General of the United Nations Commission on International Trade Law dated March 25, 1985
entitled, “International Commercial Arbitration: Analytical Commentary on Draft Trade identified by reference number A/CN
9/264”
[GROUP 5]
International Commercial Arbitration under the ADR Act of 2004 and its Implementing Rules and Regulations
1
ARELLANO UNIVERSITY SCHOOL OF LAW
Alternative Dispute Resolution
Sundays, 10:00 AM - 12:00 NN, Moot Court
2nd Semester, 2018
Atty. David Ballesteros
a. If at least one party so requests not later than the pre-trial conference
b. Upon the request of both parties thereafter
Refer the parties to arbitration unless it finds that the arbitration agreement is:
a. Null and void
b. Inoperative
c. Incapable of being performed
Q: May the courts dismiss the action for arbitration motu proprio?
A: Y
es, as a general rule, a court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a
party so requests, refer the parties to arbitration. However, courts may dismiss an action for arbitration motu proprio if it finds that the
arbitration agreement is null and void, inoperative or incapable of being performed.
Q: When is the arbitral tribunal deemed constituted?
A: T
he arbitral tribunal is deemed constituted when the sole arbitrator or the third arbitrator who has been nominated, has accepted the
nomination and written communication of said nomination and acceptance has been received by the party making request.
Q: May the parties request for an interim measure of protection in arbitral proceedings? Where should the request for interim
measure of protection be made?
A: I t is not incompatible with an arbitration agreement for a party to request:
a. Before the constitution of the tribunal, from a Court an interim measure of protection and for the Court to grant such
measure.
b. After constitution of the arbitral tribunal and during arbitral proceedings, a request for an interim measure of protection or
modification thereof, may be made with the arbitral tribunal or to the extent that the tribunal has no power to act or is unable
to act effectively, the request may be made with the Court.
Q: In what cases may an interim measure of protection be allowed?
A: A
n interim measure of protection may be necessary:
1. To prevent irreparable loss or injury
2. To provide security for the performance of an obligation
3. To produce or preserve any evidence
4. To compel any other appropriate act or omission
Q: What is the effect if the party does not comply with the order for interim or provisional relief?
A: A party who does not comply with the order shall be liable for all damages resulting from non-compliance, including all expenses, and
reasonable attorney’s fees, paid in obtaining the order’s judicial enforcement.
Q: What are the interim measures of protection available to the parties in an arbitration proceeding?
A: S uch interim measures may include but are not limited to:
1. Preliminary injunction directed against a party
2. Appointment of receivers or detention
3. Preservation, inspection of property that is the subject of the dispute arbitration
Q: Where should the arbitration be conducted?
A: T he parties are free to agree on the place of arbitration.
Failing such agreement:
a. The place of arbitration shall be Metro Manila, unless the arbitral tribunal, having regard to the circumstances of the case,
including the convenience of the parties shall decide on a different place of arbitration.
b. The arbitration tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for
consultation among it members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property or
documents.
Q: What is the language to be used in arbitration proceedings?
A: T he parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement:
a. The language to be used shall be English in international arbitration; and
b. English and Filipino for domestic arbitration, unless the arbitrational tribunal shall determine a different or another language
or languages to be used in proceedings
This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and
any award, decision or other communication by the arbitral tribunal. The arbitral tribunal may order that any documentary evidence shall
be accompanied by a translation into the language or languages agreed upon by the parties.
[GROUP 5]
International Commercial Arbitration under the ADR Act of 2004 and its Implementing Rules and Regulations
2
ARELLANO UNIVERSITY SCHOOL OF LAW
Alternative Dispute Resolution
Sundays, 10:00 AM - 12:00 NN, Moot Court
2nd Semester, 2018
Atty. David Ballesteros
[GROUP 5]
International Commercial Arbitration under the ADR Act of 2004 and its Implementing Rules and Regulations
3
ARELLANO UNIVERSITY SCHOOL OF LAW
Alternative Dispute Resolution
Sundays, 10:00 AM - 12:00 NN, Moot Court
2nd Semester, 2018
Atty. David Ballesteros
[GROUP 5]
International Commercial Arbitration under the ADR Act of 2004 and its Implementing Rules and Regulations
4
ARELLANO UNIVERSITY SCHOOL OF LAW
Alternative Dispute Resolution
Sundays, 10:00 AM - 12:00 NN, Moot Court
2nd Semester, 2018
Atty. David Ballesteros
PRESENTED BY:
CASILANA, KRISH
VILLAR, MAAN
MANDAP, JEP
JOVELLANOS, EUNICE
BELTRAN, CLAIRE
[GROUP 5]
International Commercial Arbitration under the ADR Act of 2004 and its Implementing Rules and Regulations
5