Those seeking to initiate arbitration proceedings in the Republic of the Philippines should keep in mind that their arbitration agreement is to be concluded in written form & signed by them or their legal representatives. If parties can’t reach an agreement on arbitrators’ appointment, they should apply to 1st instance courts for guidance. Depending on the complexity of a dispute, the latter may appoint 1 or 3 adjudicators .
Arbitrators’ appointment can be contested if there’s a suspicion of their impartiality. These objections may be filed even after the initiation of arbitration in the Republic of the Philippines.
The Philippines: Arbitration
The ADR Law & Arbitration Act contain some general provisions related to resolution of disputes through arbitration in the Republic of the Philippines. According to them, initiating an arbitration is possible if:
- 2 or more individuals reach an agreement on referring a dispute to arbitration (the subject of which can be a reason for a claim);
- a clause is included in a contract whereby parties pledge to resolve a dispute through arbitration in the Republic of the Philippines.
The following disputes cannot be resolved through arbitration in the Republic of the Philippines:
- labor disputes;
- individuals’ civil status;
- duration of marriages;
- courts’ jurisdiction;
- criminal responsibility;
- family law.
Philippines: Resolution of Disputes Through Arbitration
It’s possible for parties to reach an agreement on a deadline by which awards will have to be delivered. To be deemed valid, their agreement must be in written form.
If no agreement is reached, an award must be delivered within one month. A deadline can be extended by mutual agreement of parties. Awards delivered by tribunals must be in written form & bear signatures of all arbitrators. Copies of the award are to be provided to both parties.
Those planning to resolve a dispute through arbitration in the Republic of the Philippines should be mindful of the fact that an arbitration award is deemed binding on both parties. Hence, parties can’t appeal an award delivered by an arbitration tribunal. An award may not be reversed, with the exception of cases provided for by the UML.
An award delivered by an arbitration tribunal is executed identically to a decision rendered by a court of 1st instance. Enforcement & recognition of foreign arbitration awards in the Republic of the Philippines is regulated by the NYC.
Considering resolving a dispute through arbitration in the Republic of the Philippines? Need advice on arbitration regulation in the Republic of the Philippines? Please consider contacting IQ Decision UK.