International Commercial Arbitration and Domestic Arbitration
International Commercial Arbitration
RA 9285
Arbitration is “commercial” if it
covers matters arising from all
relationships of a commercial
nature, whether contractual or
not. Relationships of a
commercial nature include, but
are not limited to, the following
transactions: any trade
transaction for the supply or
Definition of exchange of goods or services;
distribution agreements;
Commercial construction of works;
Arbitration 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. 21)
In interpreting this Act, the court
shall have due regard to the
Interpretation policy of the law in favor of
arbitration. (Sec. 25)
A party may be presented by
any person of his choice; such
representative, unless admitted
Legal
to the practice of law in the
Representation Philippines, shall not be
authorized to appear as
counsel in any Philippine court,
Domestic Arbitration
UNCITRAL UNCITRAL
RA 9285 RA 876
Model Law Model Law
The term “commercial” should be
given a wide interpretation so as
to cover matters arising from all
relationships of a commercial
nature, whether contractual or
not. Relationships of a
commercial nature include, but
are not limited to, the following
transactions: any trade
transaction for the supply or
exchange of goods or services;
distribution agreement;
commercial representation or
agency; factoring; leasing;
construction of works; consulting;
engineering; licensing;
investment; financing; banking;
insurance; exploitation agreement
or concession; joint venture and
other forms of industrial or
business cooperation; carriage of
goods or passengers by air, sea,
rail or road. (Footnote to Article 1
(1))
In the interpretation of this Law, In interpreting the Model
regard is to be had to its Law, regard shall be had to
international origin and to the its international origin and to
need to promote uniformity in its the need for uniformity in its
application and the observance of interpretation.
good faith. (Art. 2) (Sec. 25)
A party may be presented by No one other than a party to
any person of his choice; the arbitration, or a person
such representative, unless duly authorized in writing by
admitted to the practice of said party, or a practicing
law in the Philippines, shall attorney-at-law, shall be
not be authorized to appear permitted by the arbitrators to
as counsel in any Philippine represent before him or them
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 International Commercial Arbitration and Domestic Arbitration
or any other quasi-judicial body
(Sec. 22)
The court may refer the parties
to arbitration, if at least one
Referral to party so requests not later than
Arbitration the pre-trial conference, or
upon the request of both parties
thereafter (Sec. 24)
Before constitution of the
tribunal, request may be made
from a Court or after the
constitution of the arbitration
Request for
tribunal and during arbitral
Interim proceedings, request may be
Measures
made from the arbitral tribunal
or with the court if arbitral
tribunal has no power to act
(Sec. 28)
Default Number
of arbitrators
Where the parties have agreed
to submit their dispute to
institutional arbitration rules,
and unless they have agreed to
Procedure on
a different procedure, they shall
the Appointment be deemed to have agreed to
of Arbitrators
procedure under such
arbitration rules for the
selection and appointment of
arbitrators. (Sec. 26)
Grounds for
Challenge on the
Appointment of
an Arbitrator
Challenge
The court may refer the parties to
arbitration, if a party so requests
not later than when submitting his
first statement on the substance
of the dispute (Art. 8)
Before or during arbitral
proceedings, request may be
made from a court an interim
measure of protection (Art. 9)
Three (Art. 10)
The parties are free to agree on a
procedure of appointing the
arbitrator or arbitrators. (Art. 11)
Circumstances exist that give rise
to justifiable doubts as to
arbitrator’s impartiality or
independence, or arbitrator does
not possess qualifications agreed
to by the parties (Art. 12 (2))
While a request for decision is
court, or any other quasi- any party to the arbitration.
judicial body (Sec. 22) (Sec. 12)
The court may refer the
The court may refer the parties
parties to arbitration, if at
to arbitration, if a party so
least one party so requests
requests not later than when
not later than the pre-trial
submitting his first statement on
conference, or upon the
the substance of the dispute
request of both parties
(Art. 8)
thereafter (Sec. 24)
Before constitution of the
tribunal, request may be
made from a Court or after
the constitution of the
arbitration tribunal and
during arbitral proceedings,
request may be made from
the arbitral tribunal or with
the court if arbitral tribunal
has no power to act (Sec.
28)
Three (Art. 10) One or three (Sec. 8(f))
Where the parties have
agreed to submit their
dispute to institutional
arbitration rules, and unless
they have agreed to a The parties are free to agree on Shall be based on the
different procedure, they a procedure of appointing the contract/ submission for
shall be deemed to have arbitrator or arbitrators. (Art. 11) arbitration
agreed to procedure under
such arbitration rules for the
selection and appointment of
arbitrators. (Sec. 26)
Circumstances exist that give
rise to justifiable doubts as to Circumstances likely to create
arbitrator’s impartiality or a presumption of bias or
independence, or arbitrator which he believes might
does not possess qualifications disqualify him as an impartial
agreed to by the parties (Art. 12 arbitrator (Sec. 10)
(2))
While a request for decision is While the challenging incident
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 International Commercial Arbitration and Domestic Arbitration
Procedure
Upon failure or refusal of
Appointing Authority to act
within thirty (30) days from
Failure or
receipt of the request, the
impossibility to act
applicant may renew the
application with the Court. (Sec.
27)
Named person or institution in
the arbitration agreement in
Appointing
institutional arbitration, or
Authority
National IBP President in ad
hoc arbitration (Sec. 26)
(i) To prevent irreparable loss
or injury
(ii) To provide security for the
performance of any obligation
Interim
Measures of (iii) To produce of preserve any
Protection evidence; or
(iv) To compel any other
appropriate act or omission.
(Sec. 28 par. b(2))
Equal treatment
of parties
pending, the arbitral tribunal, pending, the arbitral tribunal, is discussed before the court,
including the challenged including the challenged the hearing or arbitration shall
arbitrator, may continue the arbitrator, may continue the be suspended, and it shall be
arbitral proceedings and make an arbitral proceedings and make continued immediately after
award. an award. the court has delivered an
(Art. 13(3)) (Art. 13(3)) order on the challenging
incident. (Sec. 11)
If an arbitrator becomes de jure or If an arbitrator becomes de jure
Upon failure or refusal of
de facto unable to perform his or de facto unable to perform
Appointing Authority to act
functions or for other reasons fails his functions or for other
within thirty (30) days from
to act without undue delay, his reasons fails to act without
receipt of the request, the
mandate terminates if he undue delay, his mandate
applicant may renew the
withdraws from his office or if the terminates if he withdraws from
application with the Court.
parties agree on the termination. his office or if the parties agree
(Sec. 27)
(Art. 14 (1)) on the termination. (Art. 14 (1))
Named person or institution
in the arbitration agreement
Court of First Instance (Secs.
in institutional arbitration, or
5(b), 8, 11)
National IBP President in ad
hoc arbitration (Sec. 26)
(a) Maintain or restore the status
quo pending determination of the
dispute;
(i) To prevent irreparable
loss or injury
(b) Take action that would
prevent, or refrain from taking
(ii) To provide security for
action that is likely to cause,
the performance of any
current or imminent harm or
obligation
prejudice to the arbitral process
itself;
(iii) To produce of preserve
any evidence; or
(c) Provide a means of preserving
assets out of which a subsequent
(iv) To compel any other
award may be satisfied; or
appropriate act or omission.
(d) Preserve evidence that may
(Sec. 28 par. b(2))
be relevant and material to the
resolution of the dispute.
(Art. 17, par. 2 (a) to (d))
The parties shall be treated with The parties shall be treated with
equality and each party shall be equality and each party shall be
given a full opportunity of given a full opportunity of
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 International Commercial Arbitration and Domestic Arbitration
Determination of
Rules of
Procedure
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
Place of tribunal, having regard to the
Arbitration circumstances of the case,
including the convenience of
the parties, shall decide on a
different place of arbitration.
(Sec. 30)
The parties are free to agree on
the language or languages to
be used in the arbitral
proceedings. Failing such
Language of the agreement, the language to be
Arbitration used shall be English, unless
the arbitral tribunal shall
determine a different or another
language to be used in the
proceedings. (Sec. 31)
Commencement Arbitral tribunal is deemed
presenting his case. (Art. 18)
The parties are free to agree on
the procedure to be followed by
the arbitral tribunal in conducting
the proceedings.
Failing such agreement, the
arbitral tribunal may, subject to
the provisions of this Law,
conduct the arbitration in such
manner as it considers
appropriate. The power conferred
upon the arbitral tribunal includes
the power to determine the
admissibility, relevance,
materiality and weight of any
evidence.
(Art. 19)
The parties are free to agree on
the place of arbitration. Failing
such agreement, the place of
arbitration shall be determined by
the arbitral tribunal having regard
to the circumstances of the case,
including the convenience of the
parties.
(Art. 20)
The parties are free to agree on
the language or languages to be
used in the arbitral proceedings.
Failing such agreement, the
arbitral tribunal shall determine
the language or languages to be
used in the proceedings. (Art. 22)
The arbitral proceedings in
presenting his case. (Art. 18)
The parties are free to agree on
the procedure to be followed by
the arbitral tribunal in
conducting the proceedings.
Failing such agreement, the
arbitral tribunal may, subject to
the provisions of this Law,
conduct the arbitration in such
manner as it considers
appropriate. The power
conferred upon the arbitral
tribunal includes the power to
determine the admissibility,
relevance, materiality and
weight of any evidence.
(Art. 19)
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 Set by the appointed
arbitral tribunal, having arbitrators; Notice thereof
regard to the circumstances must be given to the parties
of the case, including the (Sec. 12)
convenience of the parties,
shall decide on a different
place of arbitration. (Sec. 30)
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 of Filipino, unless
the arbitral tribunal shall
determine a different or
another language to be used
in the proceedings. (Sec. 31)
Arbitral tribunal is deemed In the case of a contract to
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 International Commercial Arbitration and Domestic Arbitration
/Institution of constituted when the sole
Arbitral arbitrator or the third arbitrator,
Proceedings who has been nominated, has
accepted the nomination and
written communication of said
nomination and acceptance has
been received by the party
making request. (Sec. 28)
Arbitration proceedings,
including records, evidence and
the arbitral award, shall be
Confidentiality of considered confidential and
Arbitration shall not be published except
Proceedings with the consent of the parties
or for the limited purpose of
disclosing to the court relevant
documents. (Sec. 23)
Decision-making
by panel of
arbitrators
Settlement
Forms and
Contents of an
Award
respect of a particular dispute
commence on the date on which
a request for that dispute to be
referred to arbitration is received
by the respondent (Art. 21)
Unless otherwise agreed by the
parties, by a majority of all its
members. (Art. 29)
If, during arbitral proceedings, the
parties settle the dispute, the
arbitral tribunal shall terminate the
proceedings and, if requested by
the parties and not objected to by
the arbitral tribunal, record the
settlement in the form of an
arbitral award on agreed terms.
(Art. 30)
-in writing and shall be signed by
the arbitrator or arbitrators
-shall state the reasons upon
which it is based
- shall state its date and the place
constituted when the sole arbitrate future controversies,
arbitrator or the third by the service of either party
arbitrator who has been upon the other of a demand
nominated, has accepted the for arbitration;
nomination and written
communication of said In the case of the submission
nomination and acceptance of an existing controversy, by
has been received by the the filing with the Clerk of
party. (Sec. 28) Court if First Instance having
jurisdiction of the submission
agreement
(Sec. 5 (a), (c))
Arbitration proceedings,
including records, evidence
and the arbitral award, shall
be considered confidential
and shall not be published
except with the consent of
the parties or for the limited
purpose of disclosing to the
court relevant documents.
(Sec. 23)
Unless otherwise agreed by the
By majority of arbitrators
parties, by a majority of all its
(Sec. 20)
members. (Art. 29)
If, during arbitral proceedings,
In the event that the parties to
the parties settle the dispute,
arbitration have, during the
the arbitral tribunal shall
course of arbitration, settled
terminate the proceedings and,
their dispute, they may
if requested by the parties and
request the arbitrators that
not objected to by the arbitral
such settlement be embodied
tribunal, record the settlement
in the award which shall be
in the form of an arbitral award
signed by the arbitrators.
on agreed terms. (Art. 30)
-in writing and shall be signed
by the arbitrator or arbitrators -in writing and signed and
acknowledged by a majority
-shall state the reasons upon of the arbitrators or by the
which it is based sole arbitrator
(Sec. 20)
- shall state its date and the
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 International Commercial Arbitration and Domestic Arbitration

of arbitration place of arbitration

(Art. 31, par. 1-3) (Art. 31, par. 1-3)
By the final award or by an
By the final award or by an order
order of the arbitral tribunal
of the arbitral tribunal when the
when the claimant withdraws
claimant withdraws his claim,
his claim, when the parties
when the parties agree on the
agree on the termination, or
Termination of termination, or when the arbitral
when the arbitral tribunal finds
proceedings tribunal finds that the continuation
that the continuation of the
of the proceedings has for any
proceedings has for any other
other reason become
reason become unnecessary or
unnecessary or impossible (Art.
impossible (Art. 32 par. 1, 2(a),
32 par. 1, 2(a), (b), (c))
(b), (c))

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