Article 95p. 95

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

under Republic Act No. 876 , otherwise known as the

Arbitration

Law,

notwithstanding

the

provisions

of

Executive Order No. 1008 for mediated dispute outside

of the CIAC.

CHAPTER 3 - OTHER ADR FORMS

SEC. 18. Referral of Dispute to other ADR Forms . - The

parties may agree to refer one or more or all issues

arising in a dispute or during its pendency to other

forms of ADR such as but not limited to (a) the

evaluation of a third person or (b) a mini-trial, (c)

mediation-arbitration, or a combination thereof.

For purposes of this Act, the use of other ADR forms

shall be governed by Chapter 2 of this Act except where

it is combined with arbitration in which case it shall

likewise be governed by Chapter 5 of this Act.

CHAPTER 4 - INTERNATIONAL COMMERCIAL

ARBITRATION

SEC. 19. Adoption of the Model Law on International

Commercial Arbitration . - International commercial

arbitration shall be governed by the Model Law on

International Commercial Arbitration (the "Model Law")

adopted

by

the

United

Nations

Commission

on

International

Trade

Law

on

June

21,

1985 (United

Nations

Document

A/40/17)

and

recommended

approved on December 11, 1985, copy of which is hereto

attached as Appendix "A".

SEC. 20. Interpretation of Model Law . - In interpreting

the Model Law, regard shall be had to its international

origin

and

to

the

need

for

uniformity

in

its

interpretation and resort may be made to the travaux

preparatories and the report of the Secretary General of

the United Nations Commission on International Trade

Law

dated

March

25,

1985

entitled,

"International

Commercial

Arbitration:

Analytical

Commentary on

Draft

Trade

identified

by reference number A/CN.

9/264."

SEC. 21. Commercial Arbitration . - An arbitration is

"commercial"

if

it

covers

matters

arising

from all

relationships

of

a

commercial

nature,

whether

contractual or not. Relationships of a transactions: any

trade transaction for the supply or exchange of goods

or services; distribution agreements; construction of

works; commercial representation or agency; factoring;

leasing, consulting; engineering; licensing; investment;

financing; banking; insurance; joint venture and other

forms of industrial or business cooperation; carriage of

goods or passengers by air, sea, rail or road.

SEC.

22.

Legal

Representation

in

International

Arbitration . - In international arbitration conducted in

the Philippines, a party may be presented by any

person of his choice. Provided , that such representative,

unless

admitted

to

the

practice

of

law

in

the

Philippines,

shall

not

be

authorized

to

appear as

counsel

in

any

Philippine

court,

or

any

other

quasi-judicial body whether or not such appearance is

in relation to the arbitration in which he appears.

SEC. 23. Confidential of Arbitration Proceedings . -

The

arbitration

proceedings, including the records,

evidence and the arbitral award, shall be considered

confidential and shall not be published except (1) with

the consent of the parties, or (2) for the limited purpose

of disclosing to the court of relevant documents in

cases where resort to the court is allowed herein.

Provided, however, that the court in which the action or

the appeal is pending may issue a protective order to

prevent

or

prohibit

disclosure

of

documents

or

information

containing

secret

processes,

developments, research and other information where it

is

shown

that

the

applicant

shall

be

materially

prejudiced by an authorized disclosure thereof.

SEC. 24. Referral to Arbitration . - A court before which

an action is brought in a matter which is the subject

matter of an arbitration agreement shall, if at least one

party so requests not later that the pre-trial conference,

or upon the request of both parties thereafter, refer the

parties to arbitration unless it finds that the arbitration

agreement is null and void, inoperative or incapable of

being performed.

SEC. 25. Interpretation of the Act . - In interpreting the

Act, the court shall have due regard to the policy of the

law in favor of arbitration. Where action is commenced

by or against multiple parties, one or more of whom are

parties who are bound by the arbitration agreement

although the civil action may continue as to those who

are not bound by such arbitration agreement.

SEC.

26.

Meaning

of

"Appointing

Authority." .

-

"Appointing Authority" as used in the Model Law shall

mean the person or institution named in the arbitration

agreement as the appointing authority; or the regular

arbitration arbitration institution under whose rules the

arbitration is agreed to be conducted. Where the

parties

have

agreed

to

submit

their

dispute

to

institutional arbitration rules, and unless they have

agreed to a different procedure, they shall be deemed

to have agreed to procedure under such arbitration

rules for the selection and appointment of arbitrators.

In ad hoc arbitration, the default appointment of an

arbitrator shall be made by the National President of

the Integrated Bar of the Philippines (IBP) or his duly

authorized representative.

SEC.

27. What Functions May be Performed by

Appointing Authority . - The functions referred to in

Articles 11(3), 11(4), 13(3) and 14(1) of the Model Law shall

be performed by the Appointing Authority, unless the

latter shall fail or refuse to act within thirty (30) days

from receipt of the request in which case the applicant

may renew the application with the Court.

SEC. 28. Grant of Interim Measure of Protection . -

(a) It is not incompatible with an arbitration agreement

for

a

party

to request, before constitution of the

tribunal, from a Court an interim measure of protection

and

for

the

Court

to

grant

such

measure.

After

constitution of the arbitral tribunal and during arbitral

proceedings,

a request for an interim measure of

protection or modification thereof, may be made with

the arbitral tribunal or to the extent that the arbitral

tribunal has no power to act or is unable to act

effectively, the request may be made with the Court.

The arbitral tribunal is deemed constituted when the

sole arbitrator or the third arbitrator who has been

nominated, has accepted the nomination and written

communication of said nomination and acceptance

has been received by the party making request.

(b) The following rules on interim or provisional relief

shall be observed:

(1) Any party may request that provision relief be

granted against the adverse party:

(2) Such relief may be granted:

(i) to prevent irreparable loss or injury:

(ii) to provide security for the performance of any

obligation;

(iii) to produce or preserve any evidence; or

(iv) to compel any other appropriate act or omission.

(3)

The

order

granting

provisional

relief

may

be

conditioned upon the provision of security or any act or

omission specified in the order.

(4) Interim or provisional relief is requested by written

application transmitted by reasonable means to the

Court or arbitral tribunal as the case may be and the

party against whom the relief is sought, describing in

appropriate detail the precise relief, the party against

whom the relief is requested, the grounds for the relief,

and evidence supporting the request.

(5) The order shall be binding upon the parties.

© Compiled By RGL

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