Special ADR

Rules
Proceedings Under the
Special ADR Rules are
SPECIAL
PROCEEDINGS
 Proceedings Summary in Nature
1 day & for purposes of clarifying facts
Issue of existence, validity or enforceability of the
Arbitration Agreement

Referral to ADR

Interim Measures of Protection

Appointment of Arbitrator

Challenge to the Appointment of Arbitrator

Confidentiality/Protective Orders
Termination of Mandate of Arbitrator

Assistance in Taking Evidence

Confirmation, Correction or Vacation of Domestic

Arbitration

Recognition and Enforcement or Setting Aside of an ICA

Award

Recognition and Enforcement of a Foreign Arbitral

Award

Deposit and Enforcement of Mediated Settlement

Agreements
Procedure
Service (personal or courier) of
petition to be done by Petitioner
Proof of Service to be attached
to the Petition
Respondent may file response
within 15 days from receipt of
notice
Hearing be conducted not later
than 5 days from lapse of
period to file response
All pleading, motion,
A Certification
opposition,
Against Forum
comment, defense
Shopping shall be
or claim supported
appended to all
by verified
initiatory pleadings
statements
Prohibited submissions
a. Motion to dismiss;
b. Motion for bill of particulars;
c. Motion for new trial or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension, except in cases where
an ex-parte temporary order of protection has
been issued;
f. Rejoinder to reply;
g. Motion to declare a party in default;
h. Any other pleading specifically disallowed
under any provision of the Special ADR Rules.
 • arbitral tribunal shall
be accorded the first
opportunity or
Competence- competence to rule
Competence on the issue of
Principle whether or not it has
the competence or
jurisdiction to decide
a dispute submitted
to it for decision
 On the existence, validity
and enforceability of such
arbitration agreement,
Judicial relief is available only
when the place of arbitration
is in the Philippines and
before the start of the
proceedings
How Filed? • Verified petition

• RTC where any of the

Where Filed? parties’ residence or place
of business

• Names, nature of the

What to dispute, grounds relied
allege? upon and Relief sought
 • 15 days from receipt of
When to file service of petition
Comment

• Allowed in this case

Interim measure of
protection?

• prima facie determination

Relief against court upholding the arbitration
action agreement IS NOT subject
to MR, appeal, certiorari
 Judicial relief after
arbitration proceedings
commences on the
matter of the tribunal’s
jurisdiction.
 • Any of the parties to the
Who Files? arbitration

• RTC where any of the

parties’ reside or has
Where Filed? business OR where
arbitration is

• arbitration agreement is
What to invalid, inexistent or
allege? unenforceable
 • Request for arbitration
What to attach? • Ruling of the Tribunal

• Within 15 days from

When to comment? receipt of the petition

• 30 days from submission;

Court Action • With MR, no appeal
• No injunction against the
arbitration
 • Court action is moot and
Ruling of tribunal academic
before court
decides?

• As a nominal party
Implead the
Tribunal
 Referral to ADR
(pursuant to an Arbitration
Agreement or Submission
Agreement)
1. Can be done by any party
to the case before PTC
2. After PTC, made by all
parties
 Order referring to Order denying
arbitration shall be referral has no
immediately appeal but subject
executory, no MR, to MR and
appeal or certiorari certiorari
Interim Measures of
Protection
 Venue Grounds

Need to prevent
Place of residence or
irreparable loss or
principal business
injury

Need to provide
Where acts sought to security for the
be enjoined is done performance of any
obligation

Location of the real Need to produce or

property subject of preserve evidence or
arbitration compel act/omission
Measures Granted by the Court

Preliminary injunction directed

against a party to arbitration

Preliminary attachment

Appointment of a receiver

Detention, preservation, delivery

or inspection of property
 Dispensing with
prior notice when If the Order is
the petitioner issued ex-parte,
alleges in the the validity is only
petition that there for 20 days
is an urgent need Respondent may
to either (a) file counter-bond
preserve property, to stay the
(b) prevent the effectivity of the
respondent from Order
disposing them
If respondent was If the Order is
given an issued ex-parte,
opportunity to be the validity is only
heard, Order is for 20 days
immediately Respondent may
executory, but file counter-bond
may be MR to stay the
and/or appeal or effectivity of the
certiorari Order
Appointment, Challenge
and Termination of
Mandate of the Arbitrator
 Court can be Appointing
Authority in the ff circumstances:
In an institution
arbitration In ad hoc,
All cases when
where where the IBP
the Appointing
institution president fails
Authority fails
failed or or refuses to
to act
refused to act
appoint,
 The court may, at
order appointing
its option, also
an arbitrator shall
require each party
be immediately
to submit a list of
executory, not be
not less than
the subject of MR,
three (3)
appeal or
proposed
certiorari; denial
arbitrators
ma y be MR, or
together with their
certiorari
curriculum vitae.
 Party can file a Order of the
petition to court resolving
challenge the the petition shall
Arbitrator only be immediately
when the executory and
appointing shall not be the
authority fails or subject of MR,
refuses to act on appeal or
the challenge certiorari
Ground for termination of Mandate:
• arbitrator becomes de jure or de facto unable
to perform his function or
• other reasons fails to act without undue
delay and that arbitrator, upon request of any
party, fails or refuses to withdraw from his
office
Thank You