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DEFINITIONS
Arbitration a voluntary dispute resolution process in
which one or more arbitrators, appointed in accordance with the agreement of the parties or rules promulgated pursuant to law, resolve a dispute by rendering an award Arbitrator the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement Arbitral award any partial or final decision by an arbitrator in resolving the issue in a controversy
arbitration agreement have, at the time of the conclusion of such agreement, their places of business in different states Domestic arbitration arbitration that is not international
INTERNATIONAL ARBITRATION
Considered to be international if
The parties to an arbitration agreement have, at the time of the conclusion of such
be performed or the place with which the subject matter of the dispute is most closely connected
Governed by UNCITRAL Model Law
DOMESTIC ARBITRATION
Considered to be domestic if
arbitration that is not international If the dispute is between parties who have their place of business in the Philippines,
obligations are performed within the country, and there is no stipulation in their agreement that the subject matter of the agreement relates to another country
lawful agent
An agreement that incorporates, by reference, a document that contains an
agreement, they will be referred to arbitration, while those who are not bound by said agreement may still be subject to civil action
Choice of arbitrators
Legal age Full enjoyment of civil rights Literate Not related by blood or marriage within the 6th degree to any of the parties
involved
No interest or any personal bias in the subject matter Does not advocate the cause of either party
aggrieved party may file with [a trial court] with jurisdiction over the parties involved, a copy of the demand for arbitration under the contract to arbitrate (Section 5b)
Submission of an existing controversy may be filed by any party and shall
be duly executed by both parties; failure to do so allows the aggrieved party to follow the procedure prescribed in Sections 5a and b
Hearing can proceed in the absence of any party who fails to be present at such hearing
(Section 12)
An award cannot be made solely due to the default of a party (Section 12) Any party desiring to be represented by counsel shall notify the other party/parties of
(Section 15)
Parties can opt to submit an agreed written statement of facts, yet such procedure
hearing, with all parties receiving copies of the written decision To validate, any party may apply to the court with the jurisdiction an order confirming the award, unless there are grounds to vacate the award
arbitral award
Procured by corruption, fraud, or other undue means Evident partiality by any of the arbitrators Misconduct (e.g. refusal to postpone the hearing despite sufficient
arbitration (1985)
Interpretation
Provisions on domestic arbitration are more-or-less similar to international arbitration They part ways in the interpretations of RA 876 and the Model Law Alternative Disputes Resolution Act of 2004: interpreting the Model Law should take into
prior to the constitution of the arbitral tribunal or even during the arbitration proceedings to the extent that the arbitral tribunal has no power to act or is unable to act effectively
jurisdiction
Equal treatment for all parties Parties can choose and agree on the procedure to be followed by the arbitral tribunal and
award
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 the Model Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with the Model Law If the court finds that the subject matter of the dispute is not capable of settlement by arbitration under the law of this State (the Philippines) If the court finds that the award is in conflict with the public policy of this State Application should be made within three months from the date on which the party making that application received the award
under some incapacity, or the said agreement is not valid under the law to which parties have subjected it or, failing any indication thereon, under the law of this state
The party making the application was not given proper notice of the appointment of
an arbitrator or of the arbitral proceedings or was otherwise unable to present his case
The award deals with a dispute not contemplated by or not falling within the terms
of the submission to arbitration, or contains decisions on matters beyond 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, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside
arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards
incapacity; or the said agreement is not valid under the law to which parties have subjected it or, failing any indication thereon, under the law of the country where the award was made
The party against whom the award is invoked was not given proper notice of
the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case
The award deals with a dispute not contemplated by or not falling within the
terms of the submission to arbitration, or it contains decisions on matters beyond 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, that part of the award which contains decisions on matters submitted may be recognized and enforced
furnishes to the competent court where recognition or enforcement is sought, proof that
The composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place
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, or under the law of which, that award was made
If the court finds that the subject-matter of the dispute is not capable of
CONSOLIDATED AND REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURT ANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR)
A.M. No. 11-1-6-SC-PHILJA
compromise agreement of the parties and help solve the problem of court docket congestion Empower the parties to resolve their own disputes Give practical effect to the State Policy expressly stated in the Alternative Dispute Resolution Act of 2004 (RA No. 9285)
to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangement to resolve disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets
JDR judge with continuing effort to secure a settlement; if failed, turn over the case to a new judge. Trial judge shall continue with pre-trial proper and proceed to try and decide the case.
Summary Procedure, including the civil liability for violation of BP 22, except those which by law may not be compromised
special proceedings for the settlement of estates all civil and criminal cases filed with a certificate to file action issued by
the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law
the civil aspect of Quasi-Offenses under Title 14 of Revised Penal Code the civil aspect of less grave felonies punishable by correctional
penalties not exceeding 6 years imprisonment, where the offended party is a private person
from the exclusive and original jurisdiction granted to the first-level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980 all cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980 all civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par (3) of the Judiciary Reorganization Act of 1980 all habeas corpus decided by the first level courts in the absence of the RTC judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980.
Civil cases which by law cannot be compromised (Article 2035, New Civil Code)
Other criminal cases not covered under paragraphs 3 to 6 above. Habeas Corpus petitions
4.
5.
All cases under Republic Act No. 9262 ( Violence Against Women and Children)
Cases with pending application for Restraining orders for Restraining Orders/Prelimenary Injunctions
Parties shall select a mutually acceptable mediator from among the list of accredited mediators. If no agreement is reached, PMC Unit Staff will choose by lot.
Mediator is considered an officer of the court while performing his duties. Mediator shall forthwith start the mediation process.
Mediator shall explain to both parties the mediation process, stressing the benefits of an early settlement of their dispute serving their mutual interests. Mediator may hold separate caucuses with each party to determine their respective real interests in the dispute.
No record, in any manner, shall be made during the mediation. Personal notes shall be shredded and destroyed. If no settlement is reached, case must be returned to the referring judge.
Sanctions: may be imposed on (a) a party who fails to appear before the Philippine Mediation Center Unit, (b) any person who engages in abusive conduct during mediation proceedings, as provided for by the rules of court, or (c) upon the initiative of the judge or upon motion of the interested party.
Settlement Full Settlement: Parties will draft the compromise agreement which shall be
procedures and completed their training in mediation, conciliation and neutral evaluation, are authorized to conduct JDR proceedings after parties failed to settle their disputes during CourtAnnexed Mediation at the Philippine Mediation Center Units (PMCU).
From the filing of a complaint to the conduct of CAM and JDR during the pre-trial stage
JDR judge briefs the parties and counsels of the CAM and JDR processes. He
then issues an Order of Referral of the case to Cam and directs the parties and their counsel to proceed to PCMU. The JDR judge then should include the presetting of the case for JDR not earlier than 45 days from the time the parties first personally appear at the PMCU so that JDR will be conducted immediately if the parties do not settle at CAM.
If dispute is not resolved at CAM, parties and their counsels shall appear at the
preset date at the JDR judge who will then conduct the JDR process.
JDR judge shall not preside over the trial of the case when parties did not settle
to JDR, which shall be conducted by another judge through raffle in multiple sala courts.
If settlement is reached during JDR, the JDR court shall take appropriate action
court, if any) regardless of the level of the latter court. The result of the JDR proceedings shall be referred to the court of origin for appropriate action, e.g., approval of the compromise agreement, trial, etc.
The parties may, by joint written motion, despite confidential information that may
be divulged during JDR proceedings, file a request that their case be not transferred to other courts for JDR and that they agree to have the trial judge continue the trial should the case not be settled through JDR.
agreements of the parties, through the efforts of the judge as a mediator, conciliator or neutral evaluator, shall contain a statement to the effect that the Judgments/Decisions were achieved through JDR.
This is to distinguish Judgments/Decisions approving compromise
appearing party his costs, including attorneys fees for that day up to treble such costs, payable on or before the date of the re-scheduled setting
Upon justifiable cause duly proved in the hearing of the motion to reconsider filed
by the absent party, the sanctions imposed may be lifted, set aside, or modified in the sound discretion of the JDR judge
A representative who appears on behalf of an individual or corporate party without
the required authorization by special power of attorney or board resolution, respectively, may similarly be imposed appropriate sanctions.
period of not exceeding 30 days, while judges of the Second Level Courts shall have a period of not exceeding 60 days.
A longer period, however, may be granted upon the discretion of the JDR judge if there is a high
probability of settlement and upon joint written motion of the parties. JDR conferences shall be set not more than two weeks apart so as to afford the parties ample time to negotiate meaningfully for settlement.
In criminal cases covered by CAM and JDR, where settlement on the civil aspect has been reached but the period of payment in accordance with the terms of settlement exceeds one year, the case may be archived upon motion of the prosecution, with notice to the private complainant and approval by the judge.
Compromise agreement by the parties to be submitted to the court for a judgment upon compromise
When full compliance is achieved, parties shall submit a satisfaction of claims or mutual withdrawal of parties claims and counterclaims.
Unsettled part pf the dispute: Trial shall proceed on the merits of the case of parties file a motion to do so
JDR judge shall proceed to conduct trial on the merits of the case once parties file a joint written motion for him to do so.
If no joint written motion is made, JDR Judge shall turn over the case to a new judge for the pre-trial proper and trial.
there being no joint written motion submitted by the parties, as stated in the last preceding paragraphs, the JDR judge shall turn over the case to the trial judge, determined by re-raffle in multiple sala courts or to the originating court in single sala courts, as the case may be, to conduct pretrial proper.
The trial judge to whom the case was turned over, shall expeditiously
proceed to trial after the pre-trial and, thereafter, render judgment in accordance with the established facts, evidence, and the applicable laws.
CONFIDENTIALITY
Any and all matters discussed or communications made,
including requests for mediations, including requests for mediation, and documents presented during the mediation proceedings before the Philippine Mediation Center or the JDR proceedings before the trial judge, shall be privileged and confidential and the same shall be inadmissible as evidence for any purpose in any other proceedings.
However, evidence or information that is otherwise admissible does not
conciliation and early neutral evaluation to the trial judge or to any other person. All JDR conferences shall be conducted in private.
and consultant to their clients Less directive role in order to allow the parties more opportunities to craft their own agreement They shall perform the following functions:
1.
Help their clients comprehend the mediation process and its benefits and allow them to assume greater responsibility in making decisions for the success for the success of mediation in resolving the dispute
The substantive issues involved in the dispute. Prioritization of resolution in terms of important to client Understanding the position of the other side and the underlying fears,
other possibilities.
The best, worst, and most likely alternatives to a negotiated agreement.
3.
Assist in preparing a compromise agreement that is not contrary to law, morals, good customs, public order or public policy so that the same may be approved by the court, paying particular attention to issues of voluntary compliance of what have been agreed upon or otherwise to issues of enforcement in case of breach. Assist, wherever applicable, in the preparation of a manifestation of satisfaction of claims and mutual withdrawal of complaint and counterclaim as basis for the court to issue an order of dismissal.
4.
income therefrom shall constitute a special fund, to be known as the SCPHILJA-PMC Mediation Trust Fund, which shall be administered and disbursed in accordance with guidelines set by court issuances. All revenues of the PMC Office from sources other than the mediation fees above shall form part of its Special ADR Fund (SAF).
of Court.
THE PHILIPPINE MEDIATION CENTER OFFICE (PMCO) AND MEDIATION CENTER UNITS
Serve for 3 years unless: (1) Terminated by resignation (2) Transferred residence or place of work (3) Withdrawal of appointment of PB with the consent of the majority of the members of the lupon
Vacancy
shall be filled by lot to be drawn by the lupon chairman
SECTION 407
LEGAL ADVICE ON MATTERS INVOLVING QUESTIONS OF LAW
The provincial, city legal officer or prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law to the Punong Barangay or any lupon or pangkat member whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay.
SECTION 408
SUBJECT MATTER FOR AMICABLE SETTLEMENT; EXCEPTION THERETO
Where one party is the government When one party is a public officer or employee
The lupon of each Barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes EXCEPT:
SECTION 410
PROCEDURE FOR AMICABLE SETTLEMENT
Who may initiate proceeding --Any individual who has a cause of action against another individual may complain Issuance of summons; hearing; grounds for disqualification--The pangkat shall convene not later than 3 days from its constitution, on the day and hour set by the chairman.
Period to arrive at a settlement--The pangkat shall arrive at a settlement of resolution of the dispute within 15 days from the day it convenes.
Mediation by lupon chairman--Upon receipt of the complaint, the lupon chairman shall within the next working day summon both sides to appear before him for a mediation.
Suspension of prescriptive period of offenses--While the dispute is under mediation, the prescriptive period for offenses and cause for action under existing laws shall be interrupted upon filing of the complaint with the PB.
Conciliation among members of Indigenous cultural communities: The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities.
No complaint shall be filed directly in court unless there has been a confrontation between the parties before the lupon chairman or the pangkat and that no settlement has been reached.
SOURCE
http://oca.judiciary.gov.ph/issuances/circulars/OCA%20Circular%20No.
%2051-2011%20with%20attachment.pdf
http://definitions.uslegal.com/a/arbitral-award/ http://www.lawphil.net/statutes/repacts/ra1953/ra_876_1953.html http://www.lawphil.net/statutes/repacts/ra2004/ra_9285_2004.html
http://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/06-
54671_Ebook.pdf