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SUBJECT MATTER AND COVERAGE • The proceedings under the Special ADR Rules are generally
summary and therefore are conducted by way of submission
→ Rule 1.1. The Special Rules of Court on Alternative Dispute of verified pleadings, affidavits, and supporting documents,
Resolution (the "Special ADR Rules") shall apply to and except for the proceedings involving the confirmation,
govern the following cases: recognition and enforcement of arbitral awards which are
generally non-summary, and the deposit of mediated
1. Relief on the issue of Existence, Validity, or settlement agreements which is not a judicial proceeding.
Enforceability of the Arbitration Agreement;
2. Referral to Alternative Dispute Resolution ("ADR"); • As a consequence of the summary proceedings, the ff
3. Interim Measures of Protection; pleadings and motions or petitions are not allowed and shall
4. Appointment of Arbitrator; not be accepted for filing, and if inadvertently accepted, should
5. Challenge to Appointment of Arbitrator; not be considered by the court:
6. Termination of Mandate of Arbitrator;
7. Assistance in Taking Evidence; o Motion to dismiss
8. Confirmation, Correction or Vacation of Award in o Motion for bill of particulars
Domestic Arbitration; o Motion for new trial or for reopening of trial
9. Recognition and Enforcement or Setting Aside of o Petition for relief from judgment
an Award in International Commercial Arbitration; o Motion for extension, except in cases where
10. Recognition and Enforcement of a Foreign Arbitral an ex parte temporary restraining order of
Award; protection has been issued
11. Confidentiality/Protective Orders; and o Rejoinder to reply
12. Deposit and Enforcement of Mediated Settlement o Motion to declare a party in default
Agreements. o Any other pleading specifically disallowed
under ant provision of the Special ADR Rules
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TABACO BERNALES BOCALAN BORJA
Chapter 8- Special Rules of Court on ADR ADR
• If inadvertently accepted for filing, any of the foregoing motions ii. The court is in a better position to
or pleadings may be expunged from the records of the case. resolve the dispute subject of
arbitration;
NON-SUMMARY PROCEEDINGS iii. The referral would result in
multiplicity of suits;
iv. The arbitration proceeding has not
1. Confirmation, correction or vacation of commenced;
award in domestic arbitration; v. The place of arbitration is in a foreign
2. Recognition and enforcement of an award country;
in an international commercial arbitration; vi. One or more of the issues are legal
3. Recognition and enforcement of a foreign and one or more of the arbitrators
arbitral award. are not lawyers;
vii. One or more of the arbitrators are
• The technical rules on the service of summons ordinarily not Philippine nationals; or
applicable to regular court proceedings are not applicable viii. One or more of the arbitrators are
under the Special ADR Rules. Instead, the Special ADR Rules alleged not to possess the required
require, for non-summary proceedings, that the initiatory qualification under the arbitration
pleading be filed directly with the court which will then serve a agreement or law.
copy thereof to the respondent by personal service or courier.
If the court action is already pending, the initiatory pleading or 3. Doctrine of separability/severability – The arbitration
motion shall be served by personal service or courier upon the clause shall be treated as an agreement independent
respondent before it is filed in court. In the event that courier of the contract of which it forms part, and a decision
service is not available, resort may be had to service by that the contract is null and void shall not entail ipso
registered mail. jure the invalidity of the arbitration clause.
• The Special ADR Rules is one of the rules where filing and 4. Freedom to agree on the procedure to be followed in
service of pleadings by electronic means may be allowed by the conduct of arbitral proceedings – only in the
agreement of the parties. Proof of filing and service thereof absence of such agreement may the arbitral tribunal
shall be made in accordance with the Rules in Electronic conduct arbitration in the manner it considers
Evidence. appropriate.