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SPECIAL COURT RELIEFS

RULE 3
JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE, VALIDITY AND
ENFORCEABILITY OF THE ARBITRATION AGREEMENT
When is judicial relief in ADR Cases available?
The judicial relief provided in Rule 3, whether resorted to before or after
commencement of arbitration, shall apply only when the place of arbitration
is in the Philippines.
I. Judicial Relief before Commencement of Arbitration
Purpose: To determine any question concerning the existence, validity and
enforceability of such arbitration agreement
Who: Any party to the arbitration
When: Any time prior to commencement of arbitration
Venue: RTC where any of the petitioners or respondents has his principal place
of business or residence
Grounds: Arbitration is, under the applicable law, invalid void, unenforceable
or inexistent.
A. Court Action
The court must exercise judicial restraint in accordance with the policy set
forth in Rule 2.4, deferring to the competence or jurisdiction of the arbitral
tribunal to rule on its competence or jurisdiction.
B. Relief against Court Action
A prima facie determination by the court upholding the existence, validity or
enforceability of an arbitration agreement shall not be subject to a motion for
reconsideration, appeal or certiorari.
C. Proper Remedy
1. Raise the issue of the existence, validity and enforceability of the
arbitration agreement before the arbitral tribunal 
2. Raise the issue of the existence, validity and enforceability of the
arbitration agreement before the court in an action to vacate or set aside the
arbitral award

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II. Judicial Relief after Commencement of Arbitration

Purpose: Judicial relief from the ruling of the arbitration tribunal on a
preliminary question upholding or declining its jurisdiction
Who: Any party to the arbitration
When: Within thirty (30) days after receipt of notice of ruling
Venue: RTC where any of the petitioners or respondents has his principal place
of business or residence
Grounds: Arbitration is, under the applicable law, invalid void, unenforceable
or inexistent.
A. Court Action
 Period for resolving action – Thirty (30) days
 No injunction of arbitration proceedings
 Grounds for dismissal
a. Failure to comply with Rule 3.16 – Contents of Petition
b. The petition does not appear to be prima facie meritorious
B. Relief against Court Action

Motion for Reconsideration – Allowed

Appeal – Not Allowed
Petition for Certiorari on Ruling Affirming Arbitration Tribunal’s Jurisdiction
– Not Allowed
Petition for Certiorari on Ruling that Arbitral Tribunal has no Jurisdiction –
Allowed

C. When not Allowed

Where the arbitral tribunal defers its ruling on preliminary question
regarding its jurisdiction until its final award. Such ruling shall not be
subject to a motion for reconsideration, appeal, or petition for certiorari.

D. Rendition of award before court decision on petition

1. Petition shall become moot and academic and shall be dismissed by the
RTC
2. Dismissal shall not bar the aggrieved party from raising the same issue
in a petition to vacate or set aside the award

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II. Common provisions

A. Contents of Petition
a. The facts showing that the persons named as petitioner or respondent
have legal capacity to sue or be sued;
b. The nature and substance of the dispute between the parties;
c. The grounds and the circumstances relied upon by the petitioner to
establish his position; and
d. The relief/s sought.

Note: The petitioner must attach to the petition an authentic copy of the
arbitration agreement.

B. Comment/Opposition
In both instances, Comment or Opposition must be filed within fifteen (15)
days from the service of the petition.

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RULE 4
REFERRAL TO ADR

Who: A party to a pending action filed in violation of the arbitration

agreement
When to request:
a). If with arbitration agreement – not later than pre-trial conference. After
the pre-trial, they may still request if all the parties agree
b). If without arbitration agreement – provided that parties subsequently
entered into an arbitration agreement, they may request the court anytime.

I. Contents/Form of Request
1. Must be in the form of a motion
2. State that the dispute is covered by arbitration agreement
3. Attach an authentic copy of the arbitration agreement
4. Shall contain a notice of hearing addressed to all the parties specifying
the date and time

II. Opposition
1. Filed within fifteen (15) days from service
2. Must show that:
a. There is no agreement to refer to arbitration; and/or
b. The agreement is null and void; and/or
c. The subject matter of the dispute is not capable of settlement or
resolution by arbitration

III. Court Action

1. Stay the action and refer the parties to arbitration; or
2. Continue with the judicial proceedings

IV. Remedies
1. Order referring the dispute to arbitration
• No motion for reconsideration, no appeal, no petition for certiorari
2. Order denying the request to refer to dispute to arbitration
• No appeal but may be subject of a motion for reconsideration and/or
petition for certiorari

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V. Multiple actions and parties

Improper defenses
a. Not all of the disputes subject of the civil action may be referred to
arbitration;
b. Not all of the parties to the civil action are bound by the arbitration
agreement and referral to arbitration would result in multiplicity of suits;
c. The issues raised in the civil action could be speedily and efficiently
resolved in its entirety by the court rather than in arbitration;
d. Referral to arbitration does not appear to be the most prudent action; or
e. The stay of the action would prejudice the rights of the parties to the civil
action who are not bound by the arbitration agreement.
The court may, however, issue an order directing the inclusion in
arbitration of those parties who are not bound by the arbitration agreement
but who agree to such inclusion provided those originally bound by it do not
object to their inclusion.
VI. Commencement or continuation of the Arbitration
Despite the pendency of the case, arbitral proceedings may nevertheless be
commenced or continued, and an award may be made, while the action is
pending before the court.

RULE 5
INTERIM MEASURES OF PROTECTION

Under Rule 5.1., any party may petition the court for interim measures of protection.
This petition may be filed before the arbitration is commenced, or even after the
commencement of the arbitration but before the constitution of the arbitration
tribunal. Tue Rule also provides that the petition may still be made even after the
constitution of the arbitral tribunal and at any time during the arbitral proceedings
provided that at this stage, only to the extent that the arbitral tribunal has no power
to act or is unable to act effectively.
GROUNDS under Rule 5.4.
The Rule does not limit the reasons for the Court to grant interim relifes of
protection, the enumeration provided for under the rule merely indicated the nature of
the reasons that the court shall consider:

a. The need to prevent irreparable loss or injury;

b. The need to provide security for the performance of any obligation;
c. The need to produce or preserve evidence; or

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d. The need to compel any other appropriate act or omission.

TYPES OF INTERIM MEASURES OF PROTECTION THAT THE COURT MAY

GRANT:
a. Preliminary injunction directed against a party to arbitration;
b. Preliminary attachment against property or garnishment of funds in the custody of
a bank or a third person;

The case of Home Bankers Savings and Trust Company v CA provides for an
application of this ground. In that case, the Supreme Court ruled that Far East Bank
and Trust Company (FEBTC) validly filed an action with the RTC for sum of money
with preliminary attachment. The Supreme Court ruled that Section 14 of RA 876 or
the Arbitration Law, allows the party to an arbitration proceeding to petition the court
to take measures to safeguard and/or conserve any matter which is the subject of the
dispute in arbitration. In this case, the prayer for preliminary attachment is
sanctioned by the Arbitration Law.

c. Appointment of a receiver;
d. Detention, preservation, delivery or inspection of property; or,
e. Assistance in the enforcement of an interim measure of protection granted by the
arbitral tribunal, which the latter cannot enforce effectively.

OTHER CASES WHERE INTERIM MEASURES OF PROTECTION ARE APPLIED

In DFA v BCA, the dispute between DFA and BCA as regards their Build-
Operate-Transfer Agreement at the time of the referral to arbitration, the ad hoc
tribunal approved BCA’s request to apply in court for issuance of subpoena where
BCA filed a petition for assistance in taking evidence pursuant to the IRR of ADR
Act of 2004. The Supreme Court also had the opportunity to rule that the deliberative
process privilege may be applied.

Likewise, in Federal Express Corporation v Airfreight the concept of the

Confidentiality Protective Order was applied where the Supreme Court ratiocinated
that Arbitration Proceedings are not to be used to elicit admissions or
disclosures to be used against the same party in another proceeding.

RULE 5.8 AS TO THE REQUIREMENT OF FILING A COMMENT OR OPPOSITION

As a general rule, the comment or opposition must be filed within 15 days from
the service of the petition, otherwise, under Rule 5.9 (2) If the other parties fail to file
their opposition on or before the day of the hearing, the court shall motu proprio
render judgment only on the basis of the allegations in the petition that are
substantiated by supporting documents and limited to what is prayed for therein.

By way of exception, where there are circumstances that justify the urgent need
to preserve the property, prevent the respondent from concealing or disposing of the
property or render the relief prayed for as illusory, the court may issue a temporary
order of protection. Likewise, under Rule 5.7, prior notice may also be dispensed with
when the petitioner alleges in the petition that there is urgent need to preserve the
property, prevent the concealment or disposal of the property and prevent the relief

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prayed for from becoming illusory. In other words, in certain cases, prior notice may
be dispensed with and a temporary order of protection that is immediately
executory may be issued which shall be valid only for a period of 20 days.

The respondent has the option of having the temporary order of protection lifted
by posting an appropriate counter-bond as determined by the court.

If the respondent requests the court for an extension of the period to file his opposition
or comment or to reset the hearing to a later date, and such request is granted, the
court shall extend the period of validity of the ex-parte temporary order of protection
for no more than twenty days from expiration of the original period.

RULE 6
APPOINTMENT OF ARBITRATORS

In RA 877, the parties may stipulate the naming or appointing of arbitrator or

arbitrators. If no method is provided, the Regional Trial Court shall designate an
arbitrator or arbitrators

INSTANCES WHERE THE RTC SHALL APPOINT AN ARBITRATOR OR

ARBITRATORS

(a) If the parties to the contract or submission are unable to agree upon a single
arbitrator; or

(b) If an arbitrator appointed by the parties is unwilling or unable to serve, and his
successor has not been appointed in the manner in which he was appointed; or

(c) If either party to the contract fails or refuses to name his arbitrator within fifteen
days after receipt of the demand for arbitration; or

(d) If the arbitrators appointed by each party to the contract, or appointed by one party
to the contract and by the proper Court, shall fail to agree upon or to select the third
arbitrator.

(e) The court shall, in its discretion appoint one or three arbitrators, according to the
importance of the controversy involved in any of the preceding cases in which the
agreement is silent as to the number of arbitrators.

(f) Arbitrators appointed under this section shall either accept or decline their
appointments within seven days of the receipt of their appointments. In case of
declination or the failure of an arbitrator or arbitrators to duly accept their
appointments the parties or the court, as the case may be, shall proceed to appoint a
substitute or substitutes for the arbitrator or arbitrators who decline or failed to
accept his or their appointments.

Likewise, in RA 876, there may be appointment of additional arbitrators: Where a

submission or contract provides that two or more arbitrators therein designated or to

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be thereafter appointed by the parties, may select or appoint a person as an additional

arbitrator, the selection or appointment must be in writing. Such additional arbitrator
must sit with the original arbitrators upon the hearing.
WHEN THE COURT MAY ACT AS APPOINTING AUTHORITY (Note that these
instances are exclusive as can be gleamed from the words “only in the following
instances)

a. Where any of the parties in an institutional arbitration failed or refused to

appoint an arbitrator or when the parties have failed to reach an agreement
on the sole arbitrator (in an arbitration before a sole arbitrator) or when the
two designated arbitrators have failed to reach an agreement on the third or
presiding arbitrator (in an arbitration before a panel of three arbitrators),
and the institution under whose rules arbitration is to be conducted fails or
is unable to perform its duty as appointing authority within a reasonable
time from receipt of the request for appointment;

b. In all instances where arbitration is ad hoc and the parties failed to provide
a method for appointing or replacing an arbitrator, or substitute arbitrator,
or the method agreed upon is ineffective, and the National President of the
Integrated Bar of the Philippines (IBP) or his duly authorized representative
fails or refuses to act within such period as may be allowed under the
pertinent rules of the IBP or within such period as may be agreed upon by
the parties, or in the absence thereof, within thirty (30) days from receipt of
such request for appointment;

c. Where the parties agreed that their dispute shall be resolved by three
arbitrators but no method of appointing those arbitrators has been agreed
upon, each party shall appoint one arbitrator and the two arbitrators thus
appointed shall appoint a third arbitrator. If a party fails to appoint his
arbitrator within thirty (30) days of receipt of a request to do so from the
other party, or if the two arbitrators fail to agree on the third arbitrator
within a reasonable time from their appointment, the appointment shall be
made by the Appointing Authority. If the latter fails or refuses to act or
appoint an arbitrator within a reasonable time from receipt of the request to
do so, any party or the appointed arbitrator/s may request the court to
appoint an arbitrator or the third arbitrator as the case may be.

RELIEF AGAINST COURT ACTION (Rule 6.9.)

There are 2 situations contemplated:

a. Where the appointment of an arbitrator is granted, such appointment an
arbitrator shall be immediately executory and shall not be the subject of a
motion for reconsideration, appeal or certiorari.

b. Where the appointment however is denied, such denial may be the subject of a
motion for reconsideration, appeal or certiorari

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RULE 7
CHALLENGE TO APPOINTMENT OF ARBITRATORS

When can the challenge be raised in Court?

Uner Rule 7.2, it is only when such Appointing Authority fails or refuses to act
on the challenge within such period as may be allowed under the applicable rule or in
the absence thereof, within thirty (30) days from receipt of the request, that the
aggrieved party may renew the challenge in court. Thus, as a rule, the aggrieved
party must first request the Appointing Authority to rule on the challenge

GROUNDS TO CHALLENGE ARBITRATOR

An arbitrator may be challenged on the basis of Section 10 of RA 876 among
others as to his or her qualifications (i.e.: that the person must be of legal age, in full
enjoyment of his civil rights, must know how to read and write, must not be within the
sixth degree to either party to the controversy, or one who has financial, fiduciary or
any kind of interest in the controversy or personal bias.)

Under Rule 7.4. as a general rule the nationality or professional qualification

of an arbitrator is not a ground to challenge an arbitrator unless the parties have
specified in their arbitration agreement a nationality and/or professional qualification
for appointment as arbitrator.

In RCBC Capital Corporation v. BDO Unibank Inc. the evident partiality of

Mr. Ian Barker, one of the arbitrators, was a ground to vacate an arbitral award.

REIMBURSEMENT OF EXPENSES AND REASONABLE COMPENSATION

Under Rule 7.9, notwithstanding that the arbitrator is challenged, the
challenged arbitrator is entitled to reimbursement of all reasonable expenses he
may have incurred in attending to the arbitration and to reasonable compensation
for his work on the arbitration unless of course, such party is in bad faith and is
established with reasonable certainty that he concealed or failed to disclose a ground
for his disqualification.

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RULE 8
TERMINATION OF THE MANDATE OF ARBITRATOR
1. NATURE OF THE RELIEF?
-Allows any party to arbitration to request for the termination of the mandate
of an arbitrator.
2. GROUNDS? (RULE 8.1)
-Where an arbitrator becomes de jure or de facto unable to perform his
function or;
- for other reasons fails to act without undue delay;
- and that arbitrator, upon request of any party, fails or refuses to withdraw
from his office.
3. WHEN TO REQUEST TERMINATION?(RULE 8.2)
-any party may file with the court a petition to terminate the mandate of that
arbitrator, provided the following circumstances are present:
a. If an arbitrator refuses to withdraw from his office
b. and subsequently, the Appointing Authority fails or refuses to decide on
the termination of the mandate of that arbitrator within such period as
may be allowed under the applicable rule or:
c. in the absence thereof, within 30 days from the time the request is
brought before him.
4. WHERE TO FILE REQUEST? (RULE 8.3)
-at that petitioner’s option, a petition to terminate the mandate of an
arbitrator may be filed with the Regional Trial Court :
(a) where the principal place of business of any of the parties is located;
(b) where any of the parties who are individuals resides, or;
(c) in the National Capital Region.
5. CONTENTS OF THE PETITION? (RULE 8.4)
a. The name of the arbitrator whose mandate is sought to be terminated;
b. The ground/s for termination;
c. The fact that one or all of the parties had requested the arbitrator to
withdraw but he failed or refused to do so;

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d. The fact that one or all of the parties requested the Appointing
Authority to act on the request for the termination of the mandate of the
arbitrator and failure or inability of the Appointing Authority to act within 30
days from the request of a party or parties or within such period as may have
been agreed upon by the parties or allowed under the applicable rule.
The petitioner shall further allege that one or all of the parties had requested
the arbitrator to withdraw but he failed or refused to do so.
6. ACTION OF ARBITRATOR? (RULE 8.5.)
-The arbitrator concerned may submit a comment/opposition to be filed within
15 days from service of the petition.
7. ACTION OF THE COURT? (RULE 8.6.)
a. If the court finds merit in the petition, it shall terminate the mandate
of the arbitrator who refuses to withdraw from his office;
b. otherwise, it shall dismiss the petition.
8. EFFECT OF ORDER? (RULE 8.7 and RULE 8.8)
a. Any order of the court resolving the petition shall be immediately
executory and shall not be subject of a motion for reconsideration, appeal or
petition for certiorari.
b. Where the mandate of an arbitrator is terminated, or he withdraws
from office for any other reason, or because of his mandate is revoked by
agreement of the parties or is terminated for any other reason, a substitute
arbitrator shall be appointed according to the rules that were applicable to the
appointment of the arbitrator being replaced.

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RULE 9
ASSISTANCE IN TAKING EVIDENCE
1. NATURE OF THE RELIEF? (RULE 9.1)
-Any party to an arbitration, whether domestic or foreign, may request the
court to provide assistance in taking evidence.
2. WHEN ASSISTANCE MAY BE SOUGHT? (RULE 9.2)
-Assistance may be sought at any time during the course of the arbitral
proceedings when the need arises
3. WHERE ASSISTANCE MAY BE SOUGHT? (RULE 9.3)
- At the option of the petitioner, a petition for assistance in taking evidence
may be filed with Regional Trial Court where:
(a) arbitration proceedings are taking place;
(b) the witnesses reside or may be found, or;
(c) where the evidence may be found.
4. GROUND? (RULE 9.4)
-The court may grant or execute the request for assistance in taking evidence
within its competence and according to the rules of evidence.
5. TYPES OF ASSISTANCE? (RULE 9.5)
a. To comply with a subpoena ad testificandum and/or subpoena duces
tecum;
b. To appear as a witness before an officer for the taking of his deposition
upon oral examination or by written interrogatories;
c. To allow the physical examination of the condition of persons, or the
inspection of things or premises and, when appropriate, to allow the recording
and/or documentation of condition of persons, things or premises (i.e.,
photographs, video and other means of recording/documentation);
d. To allow the examination and copying of documents; and
e. To perform any similar acts.
6. CONTENTS OF THE PETITION? (RULE 9.6)
a. The fact that there is an ongoing arbitration proceeding even if such
proceeding could not continue due to some legal impediments;

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b. The arbitral tribunal ordered the taking of evidence or the party

desires to present evidence to the arbitral tribunal;
c. Materiality or relevance of the evidence to be taken; and
d. The names and addresses of the intended witness/es, place where the
evidence may be found, the place where the premises to be inspected are
located or the place where the acts required are to be done.
7. COMMENT? (RULE 9.7)
-The comment/opposition must be filed within 15 days from service of the
petition.
8. ACTION OF THE COURT? (RULE 9.8)
-If the evidence sought is not privileged, and is material and relevant, the
court shall grant the assistance in taking evidence requested and shall order
petitioner to pay costs attendant to such assistance.
9. EFFECT OF ORDER? (RULE 9.9)
a. The order granting assistance in taking evidence shall be
immediately executory and not subject to reconsideration or appeal.
b. If the court declines to grant assistance in taking evidence, the
petitioner may file a motion for reconsideration or appeal.
10. ASSISTANCE AVAILABLE PRIOR ARBITRATION? (RULE 9.10)
This refers to “perpetuation of testimony before the arbitral tribunal is
constituted”. This relief may be availed at any time before arbitration is
commenced or before the arbitral tribunal is constituted, any person who
desires to perpetuate his testimony or that of another person may do so in
accordance with Rule 24 of the Rules of Court(Dispositions Before Action or
Pending Appeal).
11. DISOBEDIENCE TO ORDER? (RULE 9.11)
– The court may impose the appropriate sanction on any person who
disobeys its order to testify when required or perform any act required of him.

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RULE 10
CONFIDENTIALITY/PROTECTIVE ORDERS
1. NATURE OF THE RELIEF? (RULE 10.1)
– recognizes the right to prevent confidential information from being further
disclosed without the express written consent of the source or the party who
made the disclosure.
 Note "Confidential information" means any information, relative to the
subject of mediation or arbitration, expressly intended by the source not
to be disclosed, or obtained under circumstances that would create a
reasonable expectation on behalf of the source that the information shall
not be disclosed.
 It shall include
(1) communication, oral or written, made in a dispute resolution
proceedings, including any memoranda, notes or work product of the
neutral party or non-party participant, as de5ned in this Act;
(2) an oral or written statement made or which occurs during mediation
or for purposes of considering, conducting, participating, initiating,
continuing of reconvening mediation or retaining a mediator; and
(3) pleadings, motions manifestations, witness statements, reports 5led
or submitted in an arbitration or for expert evaluation(Sec.3(h),R.A.No.
9285)
2. WHO MAY AVAIL OF SUCH RELIEF? (RULE 10.1)
-A party, counsel or witness who disclosed or who was compelled to disclose
information relative to the subject of ADR under circumstances that would
create a reasonable expectation, on behalf of the source, that the information
shall be kept confidential.
 Note in interpreting the phrase “information relative to the subject of
mediation or arbitration” the court held that the phrase need not be
strictly confined to the discussion of the core issues in the arbitral
dispute. By definition, "relative" simply means "connected to," which
means that parties in arbitration proceedings are encouraged to discuss
openly their grievances and explore the circumstances which might have
any connection in identifying the source of the conflict in the hope of
finding a better alternative to resolve the parties' dispute.( Federal
Express corporation vs. Airfreight,2016.)

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3. WHEN REQUEST MAY BE SOUGHT? (RULE 10.2)

– A party may request a protective order at anytime there is a need to enforce
the confidentiality of the information obtained, or to be obtained, in ADR
proceedings.
4. WHERE REQUEST MAY BE SOUGHT? (RULE 10.3.)
a. The petition for a protective order may be filed with the Regional Trial
Court where that order would be implemented.
b. If there is a pending court proceeding in which the information
obtained in an ADR proceeding is required to be divulged or is being divulged,
the party seeking to enforce the confidentiality of the information may file a
motion with the court where the proceedings are pending to enjoin the
confidential information from being divulged or to suppress confidential
information.
5. GROUNDS? (RULE 10.4)
A protective order may be granted only if it is shown that the applicant
would be materially prejudiced by an unauthorized disclosure of the
information obtained, or to be obtained, during an ADR proceeding.
6. CONTENTS OF THE MOTION OR PETITION, NOTICE TO OTHER PARTY?
(Rule 10.5 and 10.6)
–The petition or motion must state the following:
a. That the information sought to be protected was obtained, or would be
obtained, during an ADR proceeding;
b. The applicant would be materially prejudiced by the disclosure of that
information;
c. The person or persons who are being asked to divulge the confidential
information participated in an ADR proceedings; and
d. The time, date and place when the ADR proceedings took place.
Apart from the other submissions, the movant must set the motion for hearing
and contain a notice of hearing in accordance with Rule 15 of the Rules of
Court (not later than 10 days after the filing of the motion).
Notice of a request for a protective order made through a motion shall be made
to the opposing parties in accordance with Rule 15 of the Rules of Court

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(service must be made ensuring that the other party receives notice thereto at
least 3 days before the date of hearing).

7. COMMENT/OPPOSITION OF OTHER PARTY? (Rule 10.7)

-The comment/opposition must be filed within 15 days from service of the
petition.
-The opposition or comment may be accompanied by written proof that:
(a) the information is not confidential;
(b) the information was not obtained during an ADR proceeding;
(c) there was a waiver of confidentiality, or;
(d) the petitioner/movant is precluded from asserting confidentiality.
8. EFFECT OF ORDER? (Rule 10.8)
a.If the court finds the petition or motion meritorious, it shall issue
an order enjoining a person or persons from divulging confidential information.
Principles applicable to all ADR proceedings in resolving the petition or motion:
i. Confidential information shall not be subject to discovery and shall be
inadmissible in any adversarial proceeding, whether judicial or quasi-
judicial.
ii. However, evidence or information that is otherwise admissible or subject to
discovery does not become inadmissible or protected from discovery solely
by reason of its use therein.
iii. For mediation proceedings, the court may be further guided by the other
principles stated under Rule 10.8

9. RELIEF AGAINST COURT ACTION? (RULE 10.9)

– When the court grants the petition; the order enjoining a person or persons
from divulging confidential information shall be immediately executory and
may not be enjoined while the order is being questioned with the appellate
courts.
-When the court denies the petition; If the court declines to enjoin a person
or persons from divulging confidential information, the petitioner may file a
motion for reconsideration or appeal.

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10. DISOBEDIENCE TO ORDER? (Rule 10.10)

-Any person who disobeys the order of the court to cease from divulging
confidential information shall be imposed the proper sanction by the court.

SUMMARY ON APPLICATION OF CONFIDENTIALITY ORDER

1. An ADR proceeding is pending;
2. A party, counsel or witness disclosed information or was otherwise
compelled to disclose information;
3. The disclosure was made under circumstances that would create a
reasonable expectation, on behalf of the source, that the information
shall be kept confidential;
4. The source of the information or the party who made the disclosure has
the right to prevent such information from being disclosed;
5. The source of the information or the party who made the disclosure has
not given his express consent to any disclosure; and
6. The applicant would be materially prejudiced by an unauthorized
disclosure of the information obtained, or to be obtained, during the ADR
proceeding.

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RULE 11; RULE 12; RULE 13

RULE 11CONFIRMATION, CORRECTION OR VACATION OF AWARD IN DOMESTIC
ARBITRATION;

RULE 12 RECOGNITION AND ENFORCEMENT OR SETTING ASIDE OF INTERNATIONAL

COMMERCIAL ARBITRATION AWARD – UNCITRAL MODEL LAW;

RULE 13 RECOGNITION OF FOREIGN ARBITRAL AWARD – NEW YORK CONVENTION

Domestic International Foreign Arbitration

Arbitration Commercial
Arbitration
As to what Republic Act No. UNCITRAL Model 1958 New York
Law governs 876 Law Convention
Effective: Adopted on June 21,
December 19, 1985 RA 9285 (ADR of
1953 2004)
Approved: June RA 9285 (ADR of
19, 1953 2004) Special ADR Rules

RA 9285 (ADR of Special ADR Rules

2004)
Effective: April 17,
2004
Approved: April 2,
2004

Special ADR Rules

Effective: October
30, 2009
Approved:
September 1, 2009
As to what Rule 11 Rule 12 Rule 13
Rule applies
As to who Parties to a Parties to a ICA (Rule Parties to Foreign
are the domestic 12.1) Arbitration (Rule
parties arbitration (Rule 13.1)
11.1)
As to court RTC (RA 875 Sec RTC (Article 4.34a RTC (RA 9825 sec
having 5) IRR) 42)

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jurisdiction
As to venue 1. Place which on 1. Where arbitration 1. Where assets are
of the parties is proceeding were to be attached or
doing business; conducted levied
2. Where the 2. Where any of the 2. Where act to be
parties reside; assets to be enjoined or is
or attached or levied; being performed
3. Where 3. Where the act to 3. Residence /
arbitration be enjoined or is Place of business
proceeding were being performed; of parties
conducted (Rule 4. Residence / Place 4. National capital
11.3) of Business of Judicial Region
parties (Rule 13.3)
5. National Capital
Judicial Region
(Rule 12.3)
As to Period After 30 days from Anytime from receipt At anytime after
to Confirm receipt of the of the award (Rule receipt of a foreign
award (Rule 11.2 12.2) arbitral award (Rule
A) 13.2)
Period to Within 30 days Within 3 months Within 30 days
Vacate (Rule 11.2 C) from receipt (Rule from receipt of
12.2 B) Notice and petition
A petition filed (Rule 13.6)
beyond the Prescribes after 3
reglementary months; results in
period shall be automatic approval
dismissed (Rule for recognition and
11.2 D) enforcement(Rule
12.2 C)
Period to Within 30 days
Modify (Rule 12.2 B)
As to Available upon Available upon Not available.
availability request. request.
of Unless there is
suspension Vacation Vacation proceeding ground to vacate,
proceeding will be will be suspended, the court must
suspended, the court will refer recognize and
arbitral tribunal to back to the arbitral confirm the award.
re-open and tribunal for It is immediately
conduct new proceedings to be executory. (Rule
hearing (Rule 11.8 resumed. 13.11)
[2]) (Rule 12.11)
As to Not required Must be verified Must be verified
whether (Rule 12.6) (Rule 13.7)

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verification
is required
As to 1. Corruption, 1. Defect in the Same with ICA
grounds for fraud or undue arbitration
vacating means agreement - A Additional:
2. Evident party was under • The award
partiality incapacity; has not yet
3. Arbitral agreement is become
tribunal was invalid under the binding on
guilty of law which the the parties or
Misconduct or parties have has been set
misbehavior subjected it; aside or
that has failing indication, suspended by
materially under Philippine a court of the
prejudiced the law. country in
rights of any 2. Violation of Due which the
party i.e. Process - The part award was
Refusing to was not given made
postpone a proper notice. (Rule 13.4,
hearing; to hear 3. Lack or Excess of RA 9285, Sec
pertinent and jurisdiction on the 42 and Sec
material part of arbitral 45, Article V
evidence tribunal – the of the New
4. Arbitrator/s award deals with York
was Disqualified dispute not Convention)
5. Arbitral contemplated
tribunal within the terms
Exceeded its of the submission
powers agreement
6. The arbitration 4. Violation of
agreement did arbitration
not Exist, agreement –
invalid or composition of
unenforceable arbitral tribunal
7. Party to was not in
arbitration is a accordance with
Minor or the agreement
judicially 5. Incapable of
declared settlement under
incompetent Philippine laws.
(Rule 11.4, RA 6. Award is against
876, Sec 24) Public policy of
the Philippines.
7. Party was a Minor
or Incompetent.

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Rule 12.4, RA
9285, Sec. 19,
UNCITRAL Model
Law, Article 36)

ASUNCION | BAGUIO | BALISI | CANJA