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Adr 10

The document discusses several key points about arbitration in the Philippines: 1) The law favors arbitration over litigation, and parties can ask courts to prioritize arbitration if a case has already been filed. 2) Parties have autonomy in arbitration and can refuse to participate or choose their own arbitrators. 3) Courts can provide interim relief during arbitration to preserve parties' rights, such as protecting perishable goods. 4) Arbitral tribunals can enforce their own decisions, but parties can also ask courts for enforcement assistance.

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MD Garcia
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58 views2 pages

Adr 10

The document discusses several key points about arbitration in the Philippines: 1) The law favors arbitration over litigation, and parties can ask courts to prioritize arbitration if a case has already been filed. 2) Parties have autonomy in arbitration and can refuse to participate or choose their own arbitrators. 3) Courts can provide interim relief during arbitration to preserve parties' rights, such as protecting perishable goods. 4) Arbitral tribunals can enforce their own decisions, but parties can also ask courts for enforcement assistance.

Uploaded by

MD Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ADR: October 13, 2020

 The policy of the law is in favor of arbitration


 If case is already filed, ask for priority to prioritize arbitration (arbitration agreement)
 Section 25 (3) (4)
 There may be defendants that may not be bound by arbitration- it depends. If they would opt to
participate, they can. If they do not want, civil action may continue to the civil case. (Section 25
(4) )
 Principle of Party Autonomy- if parties find no reason to enter into an arbitration agreement
anymore or that it is not beneficial to them or can no longer afford it, they can refuse to enter
into an arbitration agreement.
 What if there is a prejudicial question in the arbitration, should the case be suspended? NO.
Issue is civil. Even if a civil aspect of a criminal case, it is still civil. You cannot arbitrate a criminal
case. (Cite requisites of prejudicial question)
 You can archive a case if you cannot locate the defendant. (Not counted as pending) Now,
because of the amendments, you cannot indefinitely archive a case.
 You can refuse to enter into an arbitration: You can cite your reasons. (will be asked in exams)
 Section 26- Appointing power- you can choose your arbitrator
 Default: IBP President (Cayosa)
 3 arbitrators- one will break the tie
 There must be no discrimination
 No agreement to choose arbitrators- they recommend arbitrators
 Any party may request the court for interim measure of protection/ conservatory measures (e.g
on perishable items, tires of cars)
 To conserve the rights available to you, the merchandise—get from a tribunal (file a case in
court; different issue) –if there is no case yet and you want to protect interest. It is adversarial
but it can be summary in nature. If arbitration, you can ask from arbitral tribunal.
 If arbitral tribunal cannot enforce, you can go to court
 If case is already filed in court, in the court where the case was filed an which granted the
arbitral proceedings
 They issue it via the issuance of provisional remedies
 TRO- executive judge can issue it without hearing for 72 hours.
 If possible these procedures will be ex parte.
 Attachments, Summons
 If no cases yet to be filed (TRO or attachment), you have to serve it to the defendant (but if
there are still no summons), together with complaint and attachments. —to have jurisdiction
over the defendant.
 Not only material matters but also judicial affidavit and evidentiary matters (if you do not attach
it early, you cannot attach it anymore)
 Commercial/IPL- civil search warrants; applying for a search warrant is not a case in itself-> you
just get if there is probable cause.
 If asking for relief, you need to file for a security bond. (Double the amount usually)—Surety
bond (not the exact amount of damage) in CivPro (10% minimum)
 Must be by written application; with notice
 Can you have an ex parte: YES, in cases of extreme urgency, you need to explain to the Court
why.
 When is an Arbitral Tribunal Deemed Constituted.
 IMP- if there are no arbitrators yet, the COURT
 Presumption: since they voluntarily entered, they need to comply. If not, they need to go to
Court.

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