9 ii Structure of arbitration proceedingsĬonsistent with the principle of party autonomy, 10 parties are at liberty to choose their mode of arbitration in resolving any dispute, whether ad hoc or institutional. However, the principle was incorporated under the ADR Act IRR 8 and adopted as a policy under the Philippine Supreme Court's Administrative Matter No. 7 The principle of Kompetenz-Kompetenz under Article 16 of the Model Law was noticeably not made expressly applicable to domestic arbitrations. 6 While domestic arbitration in the Philippines is primarily governed by the Arbitration Law, the ADR Act made certain provisions of the Model Law involving the validity of arbitration agreements, composition of the arbitral tribunal, as well as the conduct and termination of arbitral proceedings applicable to it. 5Ĭonversely, 'domestic arbitration' is defined as an 'arbitration that is not international'. 98 or the Implementing Rules and Regulations of the ADR Act (the ADR Act IRR).Īn arbitration is considered 'international' under Article 1(3) of the Model Law if: (1) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different states or (2) the place of arbitration, or place where a substantial part of the obligations is to be performed, is situated outside the state in which the parties have their places of business and (3) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. 4 The Department of Justice then issued Department Circular No. 2 The Philippines, through the ADR Act, has also adopted the 21 June 1985 Model Law on International Commercial Arbitration (the Model Law) of the United Nations Commission on International Trade Law (UNCITRAL) to govern international commercial arbitrations, 3 as well as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the NY Convention) for the enforcement and recognition of foreign arbitral awards covered by the said Convention. 876 or the Arbitration Law (the Arbitration Law). 9285 or the Alternative Dispute Resolution Act of 2004 (the ADR Act) and RA No. International and domestic commercial arbitrations in the Philippines are primarily governed by Republic Act (RA) No. I International and domestic commercial arbitration
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