Article 97p. 97

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

against a domestic arbitral award shall be disregarded

by the regional trial court.

B. FOREIGN ARBITRAL AWARDS

SEC. 42. Application of the New York Convention . -

The New York Convention shall govern the recognition

and enforcement of arbitral awards covered by the said

Convention.

The

recognition

and

enforcement

of such arbitral

awards

shall

be

filled

with regional trial court in

accordance

with

the

rules

of

procedure

to

be

promulgated by the Supreme Court. Said procedural

rules shall provide that the party relying on the award

or applying for its enforcement shall file with the court

the original or authenticated copy of the award and the

arbitration agreement. If the award or agreement is not

made in any of the official languages, the party shall

supply a duly certified translation thereof into any of

such languages.

The applicant shall establish that the country in which

foreign arbitration award was made is a party to the

New York Convention.

If

the

application

for

rejection

or

suspension

of

enforcement of an award has been made, the regional

trial court may, if it considers it proper, vacate its

decision and may also, on the application of the party

claiming recognition or enforcement of the award,

order the party to provide appropriate security.

SEC. 43. Recognition and Enforcement of Foreign

Arbitral

Awards

Not

Covered

by

the

New York

Convention . - The recognition and enforcement of

foreign arbitral awards not covered by the New York

Convention

shall

be

done

in

accordance

with

procedural rules to be promulgated by the Supreme

Court.

The

Court

may,

grounds

of

comity

and

reciprocity, recognize and enforce a nonconvention

award as a convention award.

SEC.

44.

Foreign

Arbitral

Award

Not

Foreign

Judgment . - A foreign arbitral award when confirmed

by a court of a foreign country, shall be recognized and

enforced

as

a

foreign

arbitral

award

and

not

a

judgment of a foreign court.

A

foreign

arbitral

award,

when

confirmed by the

regional trial court, shall be enforced as a foreign

arbitral award and not as a judgment of a foreign court.

A

foreign

arbitral

award,

when

confirmed by the

regional trial court, shall be enforced in the same

manner as final and executory decisions of courts of

law of the Philippines.

SEC. 45. Rejection of a Foreign Arbitral Award . - A

party to a foreign arbitration proceeding may oppose

an application for recognition and enforcement of the

arbitral award in accordance with the procedural rules

to be promulgated by the Supreme Court only on those

grounds enumerated under Article V of the New York

Convention.

Any

other

ground

raised

shall

be

disregarded by the regional trial court.

SEC. 46. Appeal from Court Decisions on Arbitral

Awards .

-

A

decision

of

the

regional

trial

court

confirming,

vacating,

setting

aside,

modifying

or

correcting an arbitral award may be appealed to the

Court of Appeals in accordance with the rules of

procedure to be promulgated by the Supreme Court.

The losing party who appeals from the judgment of the

court confirming an arbitral award shall required by the

appealant court to post counterbond executed in favor

of the prevailing party equal to the amount of the

award in accordance with the rules to be promulgated

by the Supreme Court.

SEC. 47. Venue and Jurisdiction . - Proceedings for

recognition

and

enforcement

of

an

arbitration

agreement or for vacation, setting aside, correction or

modification of an arbitral award, and any application

with a court for arbitration assistance and supervision

shall be deemed as special proceedings and shall be

filled with the regional trial court (i) where arbitration

proceedings are conducted; (ii) where the asset to be

attached or levied upon, or the act to be enjoined is

located; (iii) where any of the parties to the dispute

resides or has his place of business; or (iv) in the

National Judicial Capital Region, at the option of the

applicant.

SEC. 48. Notice of Proceeding to Parties . - In a special

proceeding for recognition and enforcement of an

arbitral award, the Court shall send notice to the parties

at their address of record in the arbitration, or if any

party cannot be served notice at such address, at such

party's last known address. The notice shall be sent at

least fifteen (15) days before the date set for the initial

hearing of the application.

CHAPTER 8 - MISCELLANEOUS PROVISIONS

SEC. 49. Office for Alternative Dispute Resolution . -

There is hereby established the Office for Alternative

Dispute

Resolution

as an attached agency to the

Department

of

Justice

(DOJ)

which

shall

have

a

Secretariat to be headed by an executive director. The

executive director shall be appointed by the President

of the Philippines.

The objective of the office are:

(a) to promote, develop and expand the use of ADR in

the private and public sectors; and

To

assist

the

government

to

monitor,

study

and

evaluate the use by the public and the private sector of

ADR, and recommend to Congress needful statutory

changes to develop. Strengthen and improve ADR

practices in accordance with world standards.

SEC. 50. Powers and Functions of the Office for

Alternative

Dispute

Resolution .

-

The

Office

for

Alternative Dispute Resolution shall have the following

powers and functions:

(a) To formulate standards for the training of the ADR

practitioners and service providers;

(b) To certify that such ADR practitioners and ADR

service

providers

have

undergone the professional

training provided by the office;

(c) To coordinate the development, implementation,

monitoring,

and

evaluation

of

government

ADR

programs;

(d) To charge fees for their services; and

(e) To perform such acts as may be necessary to carry

into effect the provisions of this Act.

SEC. 51. Appropriations . - The amount necessary to

carry out the provisions of this Act shall be included in

the General Appropriations Act of the year following its

enactment into law and thereafter.

SEC. 52. Implementing Rules and Regulations (IRR) . -

Within one (1) month after the approval of this Act, the

secretary of justice shall convene a committee that

shall formulate the appropriate rules and regulations

necessary for the implementation of this Act. The

committee, composed of representatives from:

(a) the Department of Justice;

(b) the Department of Trade and Industry;

(c)

the

Department

of

the

Interior

and

Local

Government;

(d)

the

president

of

the

Integrated

Bar

of

the

Philippines;

(e) A representative from the arbitration profession; and

(f) A representative from the mediation profession; and

(g) A representative from the ADR organizations

shall within three (3) months after convening, submit

the

IRR

to

the

Joint

Congressional

Oversight

Committee for review and approval. The Oversight

© Compiled By RGL

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