Article 96p. 96

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(6) Either party may apply with the Court for assistance

in Implementing or enforcing an interim measure

ordered by an arbitral tribunal.

(7) A party who does not comply with the order shall be

liable for all damages resulting from noncompliance,

including all expenses, and reasonable attorney's fees,

paid in obtaining the order's judicial enforcement.

SEC. 29. Further Authority for Arbitrator to Grant

Interim Measure of Protection . - Unless otherwise

agreed by the parties, the arbitral tribunal may, at the

request of a party, order any party to take such interim

measures of protection as the arbitral tribunal may

consider necessary in respect of the subject matter of

the dispute following the rules in Section 28, paragraph

2. Such interim measures may include but shall not be

limited to preliminary injuction directed against a party,

appointment of receivers or detention, preservation,

inspection of property that is the subject of the dispute

in arbitration. Either party may apply with the Court for

assistance in implementing or enforcing an interim

measures ordered by an arbitral tribunal.

SEC. 30. Place of Arbitration . - The parties are free to

agree

on

the

place

of

arbitration.

Failing

such

agreement, the place of arbitration shall be in Metro

Manila, unless the arbitral tribunal, having regard to the

circumstances of the case, including the convenience

of the parties shall decide on a different place of

arbitration.

The arbitral tribunal may, unless otherwise agreed by

the parties, meet at any place it considers appropriate

for

consultation

among

its

members,

for

hearing

witnesses, experts, or the parties, or for inspection of

goods, other property or documents.

SEC. 31. Language of the Arbitration . - The parties are

free to agree on the language or languages to be used

in the arbitral proceedings. Failing such agreement, the

language to be used shall be English in international

arbitration,

and

English

or

Filipino

for

domestic

arbitration, unless the arbitral tribunal shall determine a

different or another language or languages to be used

in the proceedings. This agreement or determination,

unless otherwise specified therein, shall apply to any

written statement by a party, any hearing and any

award, decision or other communication by the arbitral

tribunal.

The arbitral tribunal may order that any documentary

evidence shall be accompanied by a translation into the

language or languages agreed upon by the parties or

determined in accordance with paragraph 1 of this

section.

CHAPTER 5 - DOMESTIC ARBITRATION

SEC.

32.

Law

Governing

Domestic

Arbitration . -

Domestic arbitration shall continue to be governed by

Republic

Act

No.

876 ,

otherwise

known

as

"The

Arbitration Law" as amended by this Chapter. The term

"domestic arbitration" as used herein shall mean an

arbitration that is not international as defined in Article

(3) of the Model Law.

SEC.

33.

Applicability

to

Domestic Arbitration . -

Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the

Model Law and Section 22 to 31 of the preceding

Chapter 4 shall apply to domestic arbitration.

CHAPTER 6 - ARBITRATION OF

CONSTRUCTION DISPUTES

SEC.

34.

Arbitration

of

Construction

Disputes:

Governing

Law .

-

The

arbitration

of

construction

disputes shall be governed by Executive Order No. 1008,

otherwise

known

as

the

Constitution

Industry

Arbitration Law.

SEC. 35. Coverage of the Law . - Construction disputes

which fall within the original and exclusive jurisdiction

of the Construction Industry Arbitration Commission

(the "Commission") shall include those between or

among parties to, or who are otherwise bound by, an

arbitration agreement, directly or by reference whether

such

parties

are

project

owner,

contractor,

subcontractor, quantity surveyor, bondsman or issuer of

an insurance policy in a construction project.

The Commission shall continue to exercise original and

exclusive

jurisdiction

over

construction

disputes

although the arbitration is "commercial" pursuant to

Section 21 of this Act.

SEC. 36. Authority to Act as Mediator or Arbitrator . -

By written agreement of the parties to a dispute, an

arbitrator may act as mediator and a mediator may act

as arbitrator. The parties may also agree in writing that,

following a successful mediation, the mediator shall

issue the settlement agreement in the form of an

arbitral award.

SEC. 37. Appointment of Foreign Arbitrator . - The

Construction Industry Arbitration Commission (CIAC)

shall promulgate rules to allow for the appointment of a

foreign arbitrator or coarbitrator or chairman of a

tribunal

a

person

who

has

not

been

previously

accredited by CIAC: Provided, That:

(a) the dispute is a construction dispute in which one

party is an international party

(b) the person to be appointed agreed to abide by the

arbitration rules and policies of CIAC;

(c) he/she is either coarbitrator upon the nomination of

the international party; or he/she is the common choice

of the two CIAC-accredited arbitrators first appointed

one of whom was nominated by the international party;

and

(d) the foreign arbitrator shall be of different nationality

from the international party.

SEC. 38. Applicability to Construction Arbitration . -

The provisions of Sections 17 (d) of Chapter 2, and

Section 28 and 29 of this Act shall apply to arbitration of

construction disputes covered by this Chapter.

SEC.

39.

Court

to

Dismiss

Case

Involving

a

Construction Dispute . - A regional trial court which a

construction dispute is filed shall, upon becoming

aware, not later than the pretrial conference, that the

parties had entered into an arbitration to be conducted

by the CIAC, unless both parties, assisted by their

respective counsel, shall submit to the regional trial

court a written agreement exclusive for the Court,

rather than the CIAC, to resolve the dispute.

CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL

AWARDS

A. DOMESTIC AWARDS

SEC. 40. Confirmation of Award . - The confirmation of

a domestic arbitral award shall be governed by Section

23 of Republic Act No. 876 .

A domestic arbitral award when confirmed shall be

enforced in the same manner as final and executory

decisions of the Regional Trial Court.

The confirmation of a domestic award shall be made by

the regional trial court in accordance with the Rules of

Procedure to be promulgated by the Supreme Court.

A CIAC arbitral award need not be confirmed by the

regional trial court to be executory as provided under

E.O. No. 1008.

SEC. 41. Vacation Award . - A party to a domestic

arbitration may question the arbitral award with the

appropriate regional trial court in accordance with the

rules of procedure to be promulgated by the Supreme

Court only on those grounds enumerated in Section 25

of Republic Act No. 876 . Any other ground raised

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