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SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION The Specific Court Reliefs
A. Judicial Judicial Relief Relief Involving Involving the Issues of Existence, Existence, Validit Validityy and Enforceabili Enforceability ty of the Arbitration Arbitration Agreement (Rules .1 to .!! "#ecial A$R Rules%
&he issues involved in these #roceedings are' 1. Existence of the arbitration agreement agreement )hether or not there is an arbitration agreement* !. Validity of the arbitration agreement agreement )hether or not the arbitration agreement com#lies )ith all the essential re+uisites for a valid contract* . Enforceab Enforceabilit ilityy of the arbitrati arbitration on agreemen agreement t )hethe )hetherr or not the arbitr arbitrati ation on agreement is enforceable in accordance )ith Article 1- of the ivil ode.
&his &his /udici /udicial al relief relief is a##li a##licab cable le only only to arbit arbitrat ration ion #rocee #roceedin dings gs condu conducte ctedd in the 0hili##ines.
&he #roceedings of this nature are summary.
&his s#ecial #roceeding #roceeding is the #rocedural #rocedural mechanism mechanism for the enforceme enforcement nt of the contract to arbitrate.
Judicial Relief Before Commencement Commencement of Arbitration (Rules .! to .11, "#ecial A$R Rules% &hese rules a##ly )hen the follo)ing circumstances are #resent' 1. &he arbit arbitrati ration on #rocee #roceeding ding has not not yet commenced* commenced* and !. &her &heree is bet) bet)ee eenn the the #art #artie iess a dis# dis#ut utee rega regard rdin ingg the the exis existe tenc nce, e, vali validi dity ty or enforceability of the arbitration agreement. &he #rocedural rules are as follo)s' 1. Petition.
iled )ith the Regional &rial ourt (R&% )here any of the #arties resides or has his #rinci#al #lace of business. &he #etition should state facts sho)ing' i. &he legal ca#acity of the #arties to sue and be sued* ii. &he nature and the substance of the dis#ute* iii. &he grounds and circumstances relied u#on by the #etitioner* and iv. iv. &he relief sought. &he #etition must be verified and must be accom#anied by a certification of non2forum sho##ing. An authentic co#y of the arbitration agreement should be attached to the #eti #etitition on unle unless ss the the grou ground nd reli relied ed u#on u#on is the the non2 non2ex exis iste tenc ncee or unenforceability unenforceability of the arbitration agreement.
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o#y of the #etition shall be served u#on the res#ondent before it is filed in court.
. Comment!o""osition. 3ithin 14 days from service of the #etition, the res#ondent must file his comment or o##osition. #. Court action. &he court must exercise /udicial restraint and defer to the com#etence or /urisdiction of the arbitral tribunal to rule on its com#etence and /urisdiction. $. Relief against court action. 0rima facie determination. "uch #rima facie determination, ho)ever, shall not be sub/ect to a motion for reconsideration, a##eal or certiorari, but shall be )ithout #re/udice to the right of any #arty to raise the same issues before the arbitral tribunal or the court. If the court finds the arbitration agreement inexistent, invalid or unenforceable, the aggrieved #arty may file a motion for reconsideration or a #etition for certiorari. Judicial Relief After Arbitration Commences (Rules .1! to .!!, "#ecial A$R Rules% &hese rules a##ly )hen the follo)ing circumstances are #resent' 1. &he arbitration #roceeding has already commenced, the arbitral tribunal has been constituted and has rendered a #reliminary ruling on its /urisdiction* and !. A #arty desires to challenge the arbitral tribunal5s ruling on the issue of /urisdiction. &he #rocedural rules are as follo)s' 1. Petition.
3ithin - days from recei#t of the notice of a ruling from an arbitral tribunal, an aggrieved #arty may file a #etition )ith the R&' i. )here the arbitration is ta6ing #lace* or ii. )here any of the #etitioners or res#ondents has his #rinci#al #lace of business or residence, at the o#tion of the #etitioner. &he #etition shall state' i. the facts sho)ing that the #etitioner or res#ondent has legal ca#acity to sue or be sued* ii. the nature and the substance of the dis#ute* iii. the grounds and circumstances relied u#on for the #etition* and iv. the relief sought. 0etitioner shall attach a co#y of the re+uest for arbitration and the ruling of the tribunal. Res#ondents shall be furnished )ith a co#y of the #etition before it is filed.
!. Comment!o""osition.
Res#ondent should file his comment or o##osition )ithin 14 days from the date of service of the #etition.
. Court action. ourt shall render /udgement on the basis of the #leadings filed and evidence submitted, )ithin - days from the time the #etition is submitted for resolution. om#etence2com#etence #rinci#le, courts are en/oined to exercise /udicial restraint and defer to the com#etence or /urisdiction of the arbitral tribunal to rule on its com#etence or /urisdiction. &he filing and #endency of the #etition for /udicial relief shall not be a cause for the court to en/oin the arbitration #roceeding and arbitral tribunal may #roceed )ith the arbitration and render the a)ard. . Relief against court action. Aggrieved #arty may file a motion for reconsideration of the order of the court, )hich shall not sub/ect to an a##eal. An order affirming /urisdiction of the arbitral tribunal not sub/ect to a #etition for certiorari, but an order denying /urisdiction may be sub/ect of such #etition. If arbitral tribunal decides to defer such ruling until the rendition of the arbitral a)ard, none of the #arties can see6 /udicial relief from the deferment. If the resolution is deferred or before the court could render any ruling, the arbitral tribunal renders final arbitral a)ard, the #ending #etition for /udicial relief )ill be rendered moot and academic and any #ending decision ought to be dismissed. In #etition for /udicial relief, the arbitrator or the members of the arbitral tribunal shall be nominal #arties. %ominal "arty is one )ho is named as #arty in an action although the real interest is )ith some other #arty. Real "arty&in&interest is the #arty )ho stands to be benefited or in/ured by the /udgment or the #arty entitled to the avails of the suit. 'ndis"ensable "arty is a #arty )ho has such an interest in the controversy or sub/ect matter that a final ad/udication cannot be made, in his absence, )ithout in/uring or affecting that interest. %ecessary "arty is one )ho is not indis#ensable but )ho ought to be /oined as a #arty if com#lete relief is to accorded as those )ho are already #arties, or for a com#lete determination or settlement of the claim sub/ect of an action.
7. Referral to A$R( Rules .1 to .8, "#ecial A$R Rules% &he situation contem#lated by this Rule is that )here' 1. &here is already a #ending court action* !. &here is either'
i. #re2action arbitration agreement 2 if executed #rior to the filling of an action i.e #re2causal arbitration agreement (agreement to submit to arbitration% or #resent2causal arbitration agreement (submission agreement% * or ii. #resent2action arbitration agreement ()hich is necessarily a submission agreement% 2 if executed after the filing of the action. . 9ne or both #arties desire to undergo arbitration. :ere are the #rocedural rules' 1. Re(uest!motion. &he #leading that initiates the referral to arbitration is a ;re+uest< or a ;motion< and not a #etition. &he motion shall contain an authentic co#y of the arbitration agreement and must be served u#on the res#ondent and be set for hearing. !. Comment!o""osition. =ust be filed )ithin 14 days from service of the re+uest or motion and must sho) that' i. &here is no agreement to refer the dis#ute to arbitration* ii. &he agreement is null and void* or iii. &he sub/ect matter is not ca#able of settlement or resolution by arbitration. . Court action. &he court may' i. >rant the motion if it finds #rima facie that there is a valid and enforceable arbitration agreement and that the sub/ect matter of the dis#ute is ca#able of arbitration* or ii. $eny it if the court finds other)ise. Arbitral #roceedings may be commenced or continued, and an a)ard may be made )hile the action is #ending in court. $. Relief against court action. &he order granting the motion for referral to arbitration shall be immediately executory and shall not be sub/ect to a motion for reconsideration, a##eal or #etition for certiorari. An order denying the re+uest for referral, although not sub/ect to a##eal, may be sub/ect for a motion for reconsideration and a #etition for certiorari.
In accordance )ith the #rinci#le of #reference for A$R, courts are #rohibited from denying the re+uest for referral of some or all of the #arties to arbitration for any of the follo)ing reasons' 1. ?ot all of the dis#utes sub/ect of the civil action may be referred to arbitration* !. ?ot all of the #arties to the civil action are bound by the arbitration agreement and referral to arbitration )ould result in multi#licity of suits* . &he issues raised in the civil action could be s#eedily and efficiently resolved in its entirety by the court rather than in arbitration* . Referral to arbitration does not a##ear to be the most #rudent action* or
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4. &he stay of the action )ould #re/udice the rights of the #arties to the civil action )ho are not bound by the arbitration agreement.
@egal effects of the non2a##lication of the arbitration clause to a case' i. the /udicial #roceedings conducted beyond the #oint )hen the dis#ute should have been referred to arbitration are rendered invalid* ii. the decisions, including those of the a##ellate courts, must be vacated and set aside* iii. the case must be remanded to the court a +uo to be sus#ended at said #oint* and iv. the #etitioner and res#ondent must then be referred to arbitration #ursuant to the arbitration clause.
. Interim =easures of 0rotection (Rules 4.1 to 4., "#ecial A$R Rules% &hese rules contem#late the situation' 1. Either' i. 7efore the commencement of arbitration, or ii. After the commencement of the arbitration but #rior to the constitution of the arbitral tribunal* or iii. After the arbitral tribunal5s constitution but it has no #o)er to act or is unable to act effectively. !. 3here a #arty desires to secure interim measures of #rotection.
=easures of #rotection may either be' '.
'nterim )easures of Protection &he #arties may re+uest from the court, the follo)ing interim measures' i. 0reliminary in/unction directed against a #arty to arbitration* ii. 0reliminary attachment against #ro#erty or garnishment of funds in the custody of a ban6 or third #erson* iii. A##ointment of a receiver* iv. $etention, #reservation, delivery or ins#ection of #ro#erty* or v. Assistance in the enforcement of an interim measure of #rotection granted by arbitral tribunal )hich it cannot enforce effectively. Rules of #rocedure for the a##lication of interim measures' 1. Petition. iling a #etition )ith the R& of the #lace )here' i. Any of the #arties has his #rinci#al #lace of business or residence* or ii. Any of the acts sought to be en/oined are being #erformed or threatened to be #erformed* or iii. &he real #ro#erty sub/ect of the arbitration is situated, at the o#tion of the #etitioner. 0rior notice must be served u#on the adverse #arty unless the #etitioner alleges in the #etition an a##lication for an ex "arte tem"orary "rotective measure to the effect that there is an urgent need to either' i. #reserve #ro#erty* •
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ii. iii.
#revent the res#ondent from dis#osing of, or concealing, the #ro#erty* or #revent the relief #rayed for from becoming illusory because of #rior notice, and the court finds that the reasons given are meritorious.
!. Comment!o""osition. =ust be filled 14 days from service of the #etition. •
. Court action. &he court must resolve the #etition )ithin - days from the' i. "ubmission of the o##osition* or ii. B#on the la#se of the #eriod to file the same* or iii. rom the termination of the hearing that may be set if there is need for clarification or further argumentation. •
. Relief against court action. 9rder granting or denying an interim measure may be sub/ect of a motion for reconsideration, a##eal or a #etition for certiorari. •
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*em"orary +rder of Protection or *em"orary Protective )easure,*+P or *P)an in/unctive relief the office of )hich is to #reserve #ro#erty sub/ect matter of the arbitration, #revent the dis#osition or concealment thereof, or #revent the relief #rayed for from becoming moot and academic, during the #eriod that the court is resolving the a##lication for the interim #rotective measure. Issued on the follo)ing conditions' 1. &here is an urgent need to' i. #reserve #ro#erty* ii. #revent the res#ondent from dis#osing of, or concealing, the #ro#erty* iii. #revent the relief #rayed for from becoming illusory because of #rior notice. !. &he #etitioner shall #ost bond to ans)er for any damage that the res#ondent may suffer as a result thereof* . It shall be valid only for !- days from the service on the #arty re+uired to com#ly unless extended but not for more than !days* . $uring the !- day #eriod and any extension, the court shall determine the #ro#riety of issuing the #rinci#al interim #rotective measure re+uested* and 4. It can be lifted by the res#ondent by #osting an a##ro#riate counter2bond as determined by the court. &90 or &0= is similar to tem#orary restraining order (&R9% in that these measures are tem#orary in character, intended to ensure the efficacy of the #rinci#al relief. &90 or &0= vs &R9 •
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1. &90 or &0= is susce#tible of extension for not more than !days )hile &R9 is non2extendible and becomes functus oficio after the la#se of !- days from service. !. 7ond is re+uired for a &90 or &0= unli6e &R9 )hich does not generally re+uire the #osting of a bond. . &90 or &0= may be lifted through the #osting of a counter bond )hich is not true of a &R9. $. A##ointment of Arbitrators (Rules .1 to .D, "#ecial A$R Rules% &he rules on the /udicial a##ointment of arbitrators a##ly if' 1. &here is a failure to a##oint under the follo)ing circumstances' a. 3here any of the #arties in an institutional arbitration failed or refused to a##oint an arbitrator, or the #arties have failed to reach an agreement on the sole arbitrator or )hen the t)o designated arbitrators failed to reach an agreement on the third or #residing arbitrator and the institution under )hose rules arbitration is to be conducted fails or is unable to #erform its duty as a##ointing authority )ithin reasonable time from recei#t of the re+uest for a##ointment* b. 3here the arbitration is ad hoc and the #arties failed to #rovide a method for a##ointing or re#lacing an arbitrator, or substitute arbitrator, or the method agreed u#on is ineffective, and the national 0resident of the Integrated 7ar of the 0hili##ines (I70% or his duly authoried re#resentative fails or refuses to act )ithin such #eriod as may be allo)ed under the #ertinent rules of the I70 or )ithin such #eriod as may be agreed u#on by the #arties, or in the absence thereof, )ithin days from recei#t of such re+uest for a##ointment* or c. 3here the #arties agreed that their dis#ute shall be resolved by three arbitrators but no method of a##ointing those arbitrators has been agreed u#on, and the #arties, and subse+uently, the a##ointing authority, fails or refuses to a##oint the arbitrator )ithin a reasonable time from recei#t of the re+uest to do so. !. And any #arty or the a##ointed arbitrators re+uest the court to act as the a##ointing authority and a##oint the arbitrator or third arbitrator as the case may be. Rules of #rocedure for the /udicial a##ointment of arbitrators' 1. Petition. iled )ith R&' i. 3here the #rinci#al #lace of business of any of the #arties is located* ii. If any of the #arties are individuals, )here those individuals reside* or iii. In the ?ational a#ital Judicial Region, at the o#tion of the #etitioner. &he #etition shall state' i. &he general nature of the dis#ute ii. $escri#tion of the #rocedure for the a##ointment of the arbitrators, if there is any, and the agreement containing such #rocedure* iii. &he number of the arbitrators agreed u#on or the absence of such an agreement* iv. &he s#ecial +ualifications of the arbitrators if there is any agreement thereon*
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&he fact that the a##ointing authority, )ithout /ustifiable cause, has failed or refused to act as such )ithin the time #rescribed or )ithin a reasonable time, from the date of re+uest made* and &he #etitioner is not the cause of the delay or in failure of the a##ointment of the arbitrator.
!. Comment!o""osition. =ust be filed )ithin 14 days from service of the #etition. . Court action. ourt may re+uire each #arty to submit a list of not less than #ro#osed arbitrators together )ith their curriculum vitae from )hom the court may a##oint the arbitrator. 0rior a##ointment, if the court is informed that the a##ointing authority has already made an a##ointment, it shall dismiss the #etition. . Relief against court action. &he order of the court a##ointing an arbitrator shall be immediately executory and shall not be the sub/ect of a motion for reconsideration, a##eal or certiorari. &he order denying the #etition is sub/ect of a motion for reconsideration, a##eal or certiorari. E. hallenges to A##ointment of Arbitrator (Rules C.1 to C.D, "#ecial A$R Rules% &he rules of #rocedure on the /udicial challenge to the a##ointment of arbitrators a##ly to the follo)ing situation' 1. &he challenge to the a##ointment of an arbitrator before the arbitral tribunal is not successful, and the a##ointing authority fails or refuses to act on the challenge )ithin such #eriod of time as may be allo)ed under the a##licable rule or, in the absence thereof, )ithin - days from recei#t of the re+uest* and !. &he aggrieved #arty )ants to secure /udicial action on the challenge. &he #rocedure for the challenge to the a##ointment of an arbitrator before the court is as follo)s' 1. Petition. iled )ith the R&' i. )here the #rinci#al #lace of business of any of the #arties is located* ii. if any of the #arties are individuals, )here those individuals reside* or iii. in the ?ational a#ital Judicial Region, at the o#tion of the #etitioner. &he #etition shall state' i. the name of the arbitrator challenged and his address* ii. the grounds for challenge* iii. the facts sho)ing that the ground for the challenge has been ex#ressly or im#liedly re/ected by the challenged arbitrator* and iv. the facts sho)ing that the a##ointing authority failed or refused to act on the challenge.
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!. Comment!o""osition. &he challenged arbitrator or other #arties may file a comment or o##osition )ithin 14 days from service of the #etition. . Court action. ourt o#tions in resolving the #etition' a. >rant the #etition by removing the challenged arbitrator if it finds merit in the #etition* b. $ismiss the #etition if there is no merit thereto* c. Allo) the challenged arbitrator to )ithdra) as arbitrator* d. Acce#t the challenge and remove the arbitrator if* i. the #arty or #arties )ho named and a##ointed the challenged arbitrator agree to the challenge and )ithdra) the a##ointment* ii. the other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator* or iii. the challenged arbitrator fails or refuses to submit his comment on the #etition or the brief of legal arguments as directed by the court, or he fails to ob/ect to his removal. . %o relief against court action. &he court order resolving the #etition is immediately executory and not sub/ect to a motion for reconsideration, a##eal or certiorari. . &ermination of =andate of Arbitrator (Rules 8.1 to 8.8, "#ecial A$R Rules%
In the /udicial challenge to an arbitrator, the arbitrator is sought to be removed on the ground of #artiality or non2com#liance )ith the +ualifications re+uired him. In the /udicial termination of the mandate of an arbitrator, the arbitrator )ho has been validly a##ointed has become inca#able of #erforming his functions or has become unable to do so. &he rules a##ly )hen' 1. An arbitrator becomes de ure or de facto unable to #erform his functions or for other reasons fail to act )ithout undue delay* !. &he arbitrator, u#on re+uest of any #arty, fails or refuses to )ithdra)al from his office* . &he a##ointing authority fails or refuses to decide on the termination of the mandate of the arbitrator )ithin such #eriod of time as may be allo)ed under the a##licable rule or, in the absence thereof, )ithin - days from the time the re+uest is brought before him* and . Any #arty see6s /udicial action in terminating the mandate of the arbitrator. &he #rocedure is as follo)s' 1. Petition. iled )ith the R&' i. )here the #rinci#al #lace of business of any of the #arties is located* ii. )here any of the #arties )ho are individuals reside* or iii. in the ?ational a#ital Judicial Region, at the o#tion of the #etitioner. &he #etition shall state'
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the name of the arbitrator )hose mandate is sought to be terminated* the grounds for the termination* the fact that one or all of the #arties had re+uested the arbitrator to )ithdra)al but he failed or refused to accede* iv. the fact that one or all of the #arties re+uested the a##ointing authority to act on the re+uest but is unable or has failed to act )ithin - days from the re+uest or )ithin such #eriod of time as may have been agreed u#on by the #arties or allo)ed under the a##licable rule. o#y of the #etition shall be served u#on the res#ondent before it is filed in court.
!. Comment!o""osition. =ust be filed )ithin 14 days from service of the #etition. . Court action. &he court shall grant the #etition if it finds merit, other)ise dismiss the #etition. If granted, a substitute arbitrator shall be a##ointed according to the rules a##licable.
. %o relief against court action. Any court order resolving the #etition shall immediately executory and shall not be sub/ect to motion for reconsideration, a##eal or #etition for certiorari. >. Assistance in &a6ing Evidence (Rules D.1 to D.11, "#ecial A$R Rules%
&he relief is available )hether the arbitration is domestic or foreign. ( an exce#tion to the #rinci#le that "#ecial A$R rules are a##licable only to domestic arbitration and 0hili##ine IA. Arbitral tribunal is not clothed )ith authority to cite #ersons or #arties in contem#t, ho)ever the court may im#ose sanctions, including the citation of contem#t. &he rules a##ly to follo)ing situation' 1. &here is a #ending arbitration, )hether domestic or foreign* !. A #arty desires to #resent evidence or the arbitral tribunal ordered the ta6ing of evidence, necessitating court assistance* and . &he evidence is sought from a #erson, including a re#resentative of a cor#oration, association, #artnershi# or other entity, other than a #arty to the arbitration or its officers, found in the 0hili##ines. Exam#les of court assistance in ta6ing evidence are enumerated in Rule D.4 of the "#ecial A$R Rules. &hey corres#ond to the different classes of evidence under the Rules of court. &hus'
1. 9n &estimonial evidence' a. &o com#ly )ith a sub#oena ad testificandum/ and b. &o a##ear as )itness before an officer for the ta6ing of his de#osition u#on oral examination or )ritten interrogatories.
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!. 9n documentary evidence' a. &o com#ly )ith a sub#oena duces tecum/ b. &o allo) the examination and co#ying of documents. . 9n real evidence' a. &o allo) the #hysical examination of the condition of #ersons, or the ins#ection of things or #remises and, )hen a##ro#riate, to allo) the recording or documentation of the conditions of #ersons, things or #remises (i.e. ta6ing #hotogra#hs, video recording or using other means of recording or documentation%. &he #rocedure is as follo)s' 1. Petition.
iled )ith the R& )here' i. arbitration #roceedings are ta6ing #lace* ii. the )itness resides or may be found* iii. the evidence may be found, at the o#tion of the #etitioner. =ust state' i. &he fact there is an on2 going arbitration #roceeding even if such #roceedings cannot continue due to some legal im#ediments* ii. &he arbitral tribunal ordered the ta6ing of evidence or a #arty desires to #resent evidence to the arbitral tribunal* iii. &he materiality or relevance of the evidence to be ta6en* iv. &he names and addresses of the intended )itnesses, #lace )here the evidence may be found or )here the acts re+uired to be done. 0etition shall be served u#on the res#ondent before it is filed in court.
!. Comment ! +""osition. =ust be filed )ithin 14 days from service of the #etition.
#. Court action. If the evidence sought is not #rivileged, and is material and relevant, the court shall grant the re+uest for assistance in ta6ing evidence and shall order the #etitioner to #ay costs attendant to such assistance. . Relief against court action. &he order granting the re+uest for assistance in ta6ing evidence shall be immediately executory and not sub/ect to a motion for reconsideration, a##eal or #etition for certiorari. If the court declines the re+uest, #etitioner may file a motion for reconsideration, a##eal or #etition for certiorari. :. onfidentialityF0rotective 9rders (Rules 1-.1 to 1-.1-, "#ecial A$R Rules% Refers to /udicial enforcement of the confidential nature of information disclosed or obtained during an A$R #roceeding. &he rules a##ly )hen' 1. An A$R #roceeding is #ending*
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!. A #arty, counsel or )itness disclosed information or )as other)ise com#elled to disclose information* . &he disclosure )as made under circumstances that )ould create a reasonable ex#ectation, on behalf of the source, that the information shall be 6e#t confidential* . &he source of the information or the #arty )ho made the disclosure has the right to #revent such information from being disclosed* 4. &he source of the information or the #arty )ho made the disclosure has not given his ex#ress consent to any disclosure* and . &he a##licant )ould be materially #re/udiced by an unauthoried disclosure of the information obtained, or to be obtained, during the A$R #roceeding. &he #rocedure is as follo)s'
1. Petition or motion. If there is no #ending court #roceeding, filed )ith the R& of the #lace )here the order may be im#lemented. o#y of the #etition shall be served u#on the res#ondent before it is filed in court. If there is #ending court #roceeding, a##licant should file )ith the court )here the #roceeding is #ending a motion to en/oin the disclosure or to su##ress the confidential information. &he #etition or motion must state' i. that the information sought to be #rotected )as obtained, or )ould be obtained, or )ould be obtained, during A$R #roceeding* ii. the a##licant )ould be materially #re/udiced by the disclosure of that information* iii. the #erson or #ersons )ho are being as6 to divulge the confidential information #artici#ated in the A$R #roceedings* and iv. the time, date and #lace )hen the A$R #roceedings too6 #lace. !. Comment!o""osition. =ust be filed )ithin 14 days from service of the #etition or motion. omment or o##osition may be accom#anied by #roof that' i. the information is not confidential* ii. the information )as not obtained during an A$R #roceeding* iii. there )as a )aiver of confidentiality* or iv. the #etitioner or movant is #recluded from asserting confidentiality. . Court action. If meritorious, order shall be issue to en/oin the #erson involved from divulging confidential information. ourt shall im#ose #ro#er sanction, including citation for contem#t, against any #erson )ho disobeys the order of the court to cease from divulging confidential information. . Relief against court action. Immediately executory and may not en/oined )hile the order is being +uestioned before the a##ellate courts. &he order en/oining or refusing to en/oin #ersons involved from divulging confidential information may be the sub/ect of a motion for reconsideration or a##eal, but not a #etition for certiorari.
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onfirmation, Recognition, Enforcement, orrection, Vacation or "etting Aside of Arbitral A)ards ( Rules 11 to 1, "#ecial A$R Rules% &he circumstances covered by these rules are as follo)s' 1. An arbitral a)ard has been rendered either in' i. domestic arbitration* ii. 0hili##ine IA* iii. foreign arbitration resulting in a convention a)ard or non2convention a)ard but )ith comity and reci#rocity. !. A #arty see6s to' i. confirm, correct or vacate the domestic arbitral a)ard* ii. recognie and enforce, or set aside the 0hili##ine IA a)ard* or iii. recognie and enforce the foreign convention a)ard or foreign as2in convention a)ard.
Ia. onfirmation, orrection or Vacation of $omestic Arbitral A)ards (Rules 11.1 to 11.D, "#ecial A$R Rules% Judicial affirmation of a domestic arbitral a)ard is done through ;confirmation5 and not ;recognition<. ;Recognition< #ertains to the grant of legal effect by 0hili##ine courts to an arbitral a)ard )ith foreign elements. auses of Action and >rounds 1. Confirmation of the domestic arbitral a)ard #etition for )hich can be filed at any time after the la#se of - days from recei#t by the #etitioner of the arbitral a)ard, unless it is filed in o##osition to a #etition for vacation in )hich case the #etition for confirmation may be filed at any time after the filing of the #etition for vacation. . Correction or modification of the domestic arbitral a)ard must be filed not later than - days from recei#t of the arbitral a)ard, unless the correction is a##lied for a su##lementary relief to a #etition for confirmation in )hich case the correction may be a##lied for at the same time as the filing of the #etition for confirmation. &he grounds are as follo)s' a. 3here there )as an evident miscalculation of figures or an evident mista6e in the descri#tion of any #erson, thing or #ro#erty referred to in the a)ard* b. 3here the arbitrators have a)arded u#on a matter not submitted to them, not affecting the merits of the decision u#on the matter submitted* c. 3here the arbitrators have omitted to resolve an issue submitted to them for resolution* or d. 3here the a)ard is im#erfect in a matter of form not affecting the merits of the controversy, and if it had been a commissioner5s re#ort, the defect could have been amended or disregarded by the court. #. Vacation of the domestic arbitral a)ard the #etition or #etition2in2o##osition for )hich must be filed not later than days from recei#t of the arbitral a)ard. >rounds are as follo)s'
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a. &he arbitral a)ard )as #rocured through corru#tion, fraud or other undue means* b. &here )as evident #artiality or corru#tion in the arbitral tribunal or any of its members* c. &he arbitral tribunal )as guilty of misconduct or any form of misbehavior that has materially #re/udiced the rights of any #arty* d. 9ne or more of the arbitrators )as dis+ualified to act as such under the la) and )illfully refrained from disclosing such dis+ualification* e. &he arbitral tribunal exceeded its #o)ers, or so im#erfectly executed them, such that a com#lete, final and definite a)ard u#on the sub/ect matter submitted to them )as not made* f. &he arbitration agreement did not exist, or is invalid for any ground for the revocation of a contract or is other)ise unenforceable* or g. A #arty to the arbitration is a minor or a #erson /udicially declared to be incom#etent, in )hich case, the #etition shall be filed only on behalf of the minor or the incom#etent #erson, and shall allege that' i. the other #arty had 6no)ingly entered into a submission or agreement )ith such minor or incom#etent* and ii. the submission to arbitration )as made by a guardian or guardian ad litem )ho )as not authoried to do so by a com#etent court. &he foregoing grounds are exclusive and the court cannot consider any other ground.
Combination of Causes of Action &hese are the #roceedings involving domestic arbitral a)ards )hich cannot be vacated or set aside. &he #rinci#le allo)s the combination of ! or more reliefs to be #leaded in the same #roceeding. 'nitiatory relief is that )hich is #leaded in the initiatory #etition, )hile the relief&in& o""osition is that #rayed for in order to o##ose the initiatory relief. 0u""lementary relief as in the case of a #rayer for correction of an arbitral a)ard in su##ort of a #etition for confirmation. Alternative relief as in the case of a #rayer for correction as an alternative to a #etition to vacate in o##osition to a #etition for confirmation. &he follo)ing combinations are #ossible' 1. onfirmationFvacation !. onfirmationFcorrection . VacationFcorrection. ombination is #ossible only in the follo)ing instances' 1. If the #etition to vacate, )ith a filing #eriod of - days from recei#t of the arbitral a)ard, is filed first as it can be o##osed by a #etition2in2o##osition for confirmation )hich can be filed at any time after the #etition to vacate has been filed. !. 9r if the arbitral a)ard is received ahead by the #arty intending to confirm it and it is received later by the #arty intending to vacate it, in )hich case, the filing #eriod for the #etition to set aside the arbitral a)ard )ill overla# )ith the filing #eriod for the #etition for confirmation.
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Ib. Recognition, Enforcement or "etting Aside of IA A)ards (Rules 1!.1 to 1!.1, "#ecial A$R Rules% auses of Action' 1. Recognition and Enforcement an be filed at any time from recei#t of the a)ard. !. 0etting aside an 'CA aard "hould be filed months from the time the #etitioner receives a co#y of the IA a)ard or resolution.
&he grounds for setting aside an IA a)ard' 1. &he #arty ma6ing the a##lication furnishes #roof that' a. A #arty to the arbitration agreement )as under some inca#acity, or said agreement is not valid under the la) )hich the #arties have sub/ected it or, failing any indication thereof, under 0hili##ine la)* b. &he #arty ma6ing the a##lication to set aside or resist enforcement )as not given #ro#er notice of the a##ointment of an arbitrator or of the arbitral #roceedings or )as other)ise unable to #resent his case* c. &he a)ard deals )ith a dis#ute not contem#lated by or not falling )ithin the terms of the submission to arbitration, or contains decisions on matter beyond the sco#e of the submission to arbitration. d. &he com#osition of the arbitral tribunal or the arbitral #rocedure )as not in accordance )ith the agreement of the #arties, unless such agreement )as in conflict )ith a #rovision of 0hili##ine la). !. 9r the court finds that' a. &he sub/ect matter of the dis#ute is not ca#able of settlement by arbitration under the la) of the 0hili##ines* or b. &he recognition or enforcement of the a)ard )ould be contrary to #ublic #olicy. Ic. Recognition and Enforcement of oreign Arbitral A)ards (Rules 1.1 to 1.1!, "#ecial A$R Rules% A convention aard is a foreign arbitral a)ard made in a state )hich is a #arty to the ?e) Gor6 onvention. As&in convention aard is one )hich, although rendered in a state )hich is not a #arty to the ?e) Gor6 onvention, may be recognied and enforced by 0hili##ine courts by reasons of comity and reci#rocity as if it is a convention a)ard. &his rule is not a##licable to foreign arbitral a)ards rendered in a non2convention country )hich does not extend comity or reci#rocity to the 0hili##ines. &hey may be recognied and enforced under "ection 8, Rule D of the 1DDC Rules of ivil 0rocedure. &he grounds u#on )hich 0hili##ine courts may refuse recognition and enforcement to foreign arbitral a)ards )hich, exce#t for 1(e%, constitute the same ground for setting aside an IA a)ard' 1(e% &he a)ard has not yet become binding on the #arties or has been set aside or sus#ended by a court of the country in )hich that a)ard )as made.
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