2.

Overview of the Legal and Court System of the Philippines

2.1 Basic legal system of the Philippines
As a former colony of the United States, the Philippines has a common law legal system. And, since
it was once under the U.S. regime, it can be said that it is a common law jurisdiction with a strong
influence of U.S. law, unlike other Asian jurisdictions such as Singapore, Malaysia, Hong Kong, and
India, which were under British rule.

In addition, since the Philippines was also under the Spanish rule in the 1920s, it has the
characteristics of a civil law jurisdiction. As an example, it has the Civil Code of the Philippines.

2.2 Court System in the Philippines

 As mentioned above, the Philippines follows the common law legal system, and has a legal system
for discovery and attorney-client privilege in court proceedings.
The courts in the Philippines are composed of ordinary courts and special courts. The ordinary
courts are categorized into (1) the Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC),
and Municipal Circuit Trial Courts (MCTC), (2) the Regional Trial Courts, (3) the Court of Appeals,
and (4) the Supreme Court. The special courts include the Sandiganbayan, which exclusively
handles corruption cases and offenses committed by public officers and employees, and the Shari’a
District Court.

In the Philippines, legal proceedings are conducted in English, and if testimony is given in Filipino, it
will be interpreted into English by a court-appointed interpreter. Therefore, it is possible for a
Japanese company to pursue litigation in English.

However, in the Philippines, judicial dysfunction due to delays in litigation has been a persisting
problem. The causes of delay in litigation include, for example, the complexity of court procedures
and the increase in the number of cases filed beyond the processing capacity of the courts due to
the growing awareness of people’s rights in the country [7]. In response to this, an additional
legislation is underway that seeks to de-clog the cases in the courts by expanding the jurisdiction of
first-level courts (MTC etc.). It is expected to reduce the burden of the RTC. As such, since the RTC
is the body of first instance for the recognition of foreign judgments, it is expected to streamline the
recognition of foreign arbitral awards[8].
3. Overview of the Arbitration System in the Philippines
As mentioned above, many foreign investors choose arbitration due to the delays in obtaining
judgments with the Philippine courts. The following is an overview of the arbitration system in the
Philippines.

3.1 Overview of the Law on Arbitration

Arbitration has traditionally been recognized as a common method of dispute resolution in the
Philippines, as stipulated in Articles 2028 to 2046 of the Philippine Civil Code. However, until the
1920s, the Philippine courts were not necessarily friendly to the arbitration system, as there were a
number of cases wherein arbitration agreements between parties were invalidated by the Philippine
courts.

In the 1950s, the Philippines begun to be more open to the concept of arbitration, and in 1953, the
Congress of the Philippines enacted Republic Act (R.A.) No. 876 (the “Arbitration Act”). Later, on
June 10, 1958, the Philippines signed the New York Convention, which was ratified on July 6, 1967,
aimed to promote the development of basic laws on arbitration.

However, the above Arbitration Law contains many ambiguities, for example, it does not set out the
details of arbitration procedure. Also, it does not describe the method to enforce foreign arbitral
awards, and does not comply with the United Nations Commission on International Trade Model Law
on International Arbitration (the “UNCITRAL Model Law”) adopted on June 21, 1985.

In 2004, about 50 years after the enactment of the Arbitration Act, the congress enacted R.A. No.
9285 (the “Alternative Dispute Resolution Act of 2004”, or the “ADR Act”), which was based on the
UNCITRAL Model Law. The ADR Act forms part of the core of the Philippine arbitration system,
amending and supplementing the Arbitration Act.

Although the ADR Act explicitly provides for the adoption of the UNCITRAL Model Law, it refers to
the original 1985 version. Since the UNCITRAL Model Law was amended in 2006, it is necessary for
the ADR Act to be amended to incorporate the amendments to the UNCITRAL Model Law in 2006.
In 2017, the Office for Alternative Dispute Resolution (“OADR”)[9], an agency under the Department
of Justice, was tasked to propose amendments to the ADR. Several proposals have been made, but
have not yet been enacted into law.
In addition, in 2010, the Special Rules of Court on Alternative Dispute Resolution (the ” Special ADR
Rules”) were enacted. It provides for a system whereby courts shall refer the parties to arbitration,
upon mutual consent.

As described above, arbitration in the Philippines is regulated by (1) the Philippine Civil Code, (2) the
Arbitration Act, (3) the ADR Act, and (4) the ADR Special Court Rules. Of these, the ADR Act
provides the foundation of the arbitration system.

3.2 Distinction between domestic and international arbitration

 Under the ADR Act, a distinction is made between domestic arbitration and international arbitration.
In the Philippines, domestic arbitration is defined as arbitration that is not defined as international
arbitration in Article 1(3) of the Model Law (Article 32 of the ADR Act). According to Article 1(3) of the
Model Law, arbitration is considered to be international if:
(a)     the parties to an arbitration agreement have, at the time of conclusion of that agreement, their
places of business in different States [10];
(b)     one of the following places is situated outside the State in which the parties have their places
of business:

　(i)      the place of arbitration if determined in, or pursuant to, the arbitration agreement;

　(ii)    any place where a substantial part of the obligations of the commercial relationship is to be
performed or the place with which the subject-matter of the dispute is most closely connected; or

(c)     the parties have expressly agreed that the subject-matter of the arbitration agreement relates
to more than one country.

Accordingly, it is stipulated to the ADR Act, that international commercial arbitration shall be
governed by the UNCITRAL Model Law (Article 19 of the ADR Act). Also, Article 40 of the same Act
provides that the recognition and enforcement of international arbitration shall be governed by Article
35 of the UNCITRAL Model.

The following sections will focus on international arbitration, which is considered to be mainly
relevant to Japanese companies.

3.3 Arbitration Institutions in the Philippines

 Both ad hoc arbitration and institutional arbitration are recognized in the Philippines.
With regard to ad hoc arbitration, the parties may pursue the arbitration in accordance with their
agreement provided it is not contrary to law, morals, good customs, public order, or public policy [11]
On the other hand, Institutional arbitration can be pursued according to the unique rules of each
institution. Among them, the most prominent arbitral institution is the PDRCI. However, in the
Philippines, especially for international arbitration cases, foreign arbitration centers such as the ICC
and SIAC are often agreed upon [12]. The reason for this is that the PDRCI has not yet gained enough
trust among Philippine lawyers to be able to handle international cases, and the old PDRCI rules
was not in line with the global trends in arbitration (e.g. no rules on multiple parties, no rules on
emergency arbitration and simplified arbitration). Nonetheless, the PDRCI issued an Arbitration
Rules Booklet[13] in 2016, which provides for multiple parties and expedited or simplified arbitration,
as will be discussed later.
Moreover, in 2019, the PICCR was launched as an arbitration institution and is expected to compete
with the PDRCI. Since it was launched by the IBP, the mandatory legal association for qualified
lawyers in the Philippines, which has branches throughout the country, having a vast network, the
PICCR has the potential to promote ADR more effectively throughout the Philippines.

3.4 Special Provisions on Jurisdiction and Governing Law

 As mentioned above, while the international arbitral institutions are common option, it is important to
note that arbitral institutions are identified by law in special cases.
In 1985, Executive Order (E.O.) No. 1008 established the CIAC, which has jurisdiction over
construction arbitration (Articles 34 and 35 of the ADR Act). In other words, E.O. No. 1008 provided
that the CIAC would have exclusive jurisdiction over all construction-related arbitrations unless
otherwise agreed by the parties. In this regard, the Supreme Court held that even if the parties agree
on a different arbitral institution, the parties may, by law, apply to the CIAC for arbitration [14].
Accordingly, even if the parties agree to submit to arbitration with the SIAC, the parties would still
have the right to submit to arbitration with the CIAC. This means that the parties can file for
arbitration not only with the SIAC but also with the CIAC, resulting to the problem of double
pendency. Therefore, in practice, it is recommended that parties choose CIAC arbitration for
construction disputes[15].
As such, it is important to note that in the Philippines, special arbitration institutions and governing
laws must be agreed upon depending on the content of the contract.

3.5 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 (Article 30 of the ADR Act). However, the arbitral tribunal may
determine the place of arbitration and the place of the hearing.

3.6 Language of 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 otherwise determined by the arbitral tribunal
(Article 31 of the ADR Act).

3.7 Governing Law

In arbitration, the choice of governing law, place of arbitration, and arbitration rules is generally left to
the parties.

However, it should be noted that Article 88 of the Intellectual Property Code of the Philippines, (R.A.
No. 8293[16] or the “IP Code”) provides that, with respect to Technology Transfer Agreements, (1) the
laws of the Philippines shall govern the interpretation of the the arbitration act, (2) the place of
arbitration shall be the Philippines or a neutral third country, and (3) the arbitration shall be
conducted in accordance with the laws of the Philippines, the UNCITRAL Model Law, or the rules of
the ICC.
In this regard, care must be exercised when drafting the arbitration clause if the transaction falls
within the meaning of Technology Transfer Agreement as defined below.

The term “technology transfer arrangements” refers to contracts or agreements involving the transfer of
systematic knowledge for the manufacture of a product, the application of a process, or rendering of a
service including management contracts; and the transfer, assignment or licensing of all forms of
intellectual property rights, including licensing of computer software except computer software developed
for mass market.

Currently, House Bill (H.B.) No. 8062[17] is pending in the House of Representatives. This H.B.
provides that in the absence of agreement of the parties, the rules of alternative dispute resolution
promulgated by the Intellectual Property Office of the Philippines (IPOPHL) shall apply. It is said that
IPOPHL wants to institutionalize the use of ADR in the IP Code so that there is no need to refer to
the ADR Act. Such institutionalization would give IPOPHL the authority to pursue an effective ADR
program as a means of dispute resolution.
3.8 Discovery procedures
Although there is no clear provision in the ADR Act regarding the procedure for discovery, it can be
implemented by agreement of the parties.

3.9 Interim Measure of Protection

The parties may make a request for an interim measure of protection with the Philippine courts or
arbitral tribunal before or simultaneously with filing an application for arbitral proceedings (Articles 28
and 29 of the ADR Act).

4. Arbitration Procedures in PDRCI, PICCR and CIAC

4.1 History
The PDRCI is a non-profit corporation established in 1996 as an independent entity from the
Arbitration Board of the Philippine Chamber of Commerce and Industry.

The CIAC, on the other hand, is a non-profit corporation established in 1985 in accordance with
Executive Order No. 1008 and has exclusive jurisdiction over construction arbitrations.

As mentioned earlier, the PICCR was established by the IBP in 2019 as a non-stock, non-profit
arbitration institution to provide commercial arbitration and other ADR services and facilities to
disputes, whether international or domestic.

4.2 PDRCI Arbitration Rules

The PDRCI has published the “2015 PDRCI Arbitration Rules”, which became effective on January
1, 2015. The current PDRCI Arbitration Rules are more in line with the rules of recent international
arbitration institutions. Particularly, it includes rules on multi-party, simplified and expedited
arbitration.

 4.1.1 PDRCI’s Model Arbitration Clause

 The PDRCI’s model arbitration clause (English version), as published by the PDRCI, is as
follows:
Any dispute, controversy or claim arising out of or relating to this contract, or the breach,
 termination or invalidity thereof shall be settled by arbitration by accordance with the PDRCI
Arbitration Rules as at present in force at the time of the commencement of the arbitration.”
Parties may wish to consider adding:
”The number of arbitrators shall be … (one or three);
The place of arbitration shall be … (city or country);
The language(s) to be used in the arbitral proceedings shall be…(language)
 
 4.1.2. Arbitrator
 (a) PDRCI’s list of arbitrators
The list of accredited arbitrators of the PDRCI is available on the website[18].
 (b) Number of arbitrators
The PDRCI Rules provide that the number of arbitrators shall be one in the case of a sole arbitrator
and three in the case of an arbitral tribunal. If the parties have not agreed in advance on the number
of arbitrators, the PDRCI shall determine the number of arbitrators to be appointed, taking into
account the circumstances of each case[19].
(c) Procedure
In 2015, the PDRCI updated its Arbitration Rules to make it in line with international standards and
actual arbitration scenarios. The update includes important improvements in the rules regarding
multi-party, simplified and expedited arbitration.

Arbitration procedures under the PDRCI Rules are as follows.

(d) Rules on multiple parties [20]

The PDRCI Rules 2015 allow for multi-party arbitration. Claims may be made by any party against
any other party in accordance with the provisions of the Pleas as to the Jurisdiction of the Arbitral
Tribunal (Article 30), Multiple Contracts (Article 9), Claims between Multiple Parties (Article 8) and
Joinder of Additional Parties (Article 7). In principle, however, no new claims may be made after the
conclusion of the Terms of Reference. As an exception, new claims are permitted in certain cases,
such as when a claim or defense is amended for the purpose of set-off (Article 29) or when an issue
defined under the Terms of Reference is amended (Article 26).

(e) Simplified and expedited procedure[21]

The absence of a provision for expedited arbitration in the PDRCI Rules enacted in 2005 had been a
source of dissatisfaction among parties to the arbitration. Therefore, the rules were amended in 2015
to allow parties to apply for simplified and expedited arbitration prior to the constitution of the arbitral
tribunal under the following conditions.

　・The amount in dispute representing the aggregate of any claim, counterclaim of any other claim,
does not exceed Php25,000,000.

　・The parties so agree.

　・In case of exceptional urgency.

The main features of expedited arbitration are as follows.

　 ・ the case shall be heard by a sole arbitrator, unless otherwise provided under the arbitration
agreement, in which case the parties shall agree on a sole arbitrator unless otherwise agreed.
　・PDRCI may shorten the time limits provide in the rules and other rules.

　・the arbitral tribunal shall adopt simplified procedures to expedite the arbitration.

　・after the submission of the response to the Notice of Arbitration, the parties shall in principle be
entitled to submit one Statement of Claim and Statement of Defense.

　・the arbitral tribunal shall decide the dispute on the basis of the documents and materials.

　 ・ the award shall be made within six months from the date PDRCI sent the file to the arbitral
tribunal.

　 ・ the arbitral tribunal may state in summary form the reasons upon which the award is based,
unless the Parties have agreed that no reasons are to be given.

4.3 PICCR
As mentioned above, the PICCR was established by the IBP Board of Directors as a non-stock, non-
profit arbitration institution with the purpose of providing commercial arbitration and other ADR
services and facilities to disputants.

4.3.1 Model Arbitration Clause in the PICCR

The PICCR Model Arbitration Clause published by the PICCR[22], is as follows

“Any dispute, controversy, difference or claim arising out of or in relation to this agreement,
including any question as to the “Any dispute, controversy, difference or claim arising out of or in
relation to this agreement, including any question as to the interpretation, implementation,
existence, validity, breach or termination thereof or as to any non-contractual obligation arising
out of or This agreement, including any question as to the interpretation, implementation,
existence, validity, breach or termination thereof or as to any non-contractual obligation arising
out of or relating thereto, shall be referred to and finally resolved by arbitration administered by
the Philippine International Center for Conflict Resolution (“PICCR”) in accordance with the
PICCR Arbitration Rules in force at the time of the commencement of the The arbitration shall be
conducted by one person in accordance with the PICCR Arbitration Rules in force at the time of
the commencement of the arbitration (“PICCR Arbitration Rules”), which rules are deemed
incorporated by reference in this clause.

 
The
 arbitration shall be conducted by one or more arbitrators to be appointed in accordance with the
PICCR Arbitration Rules.
 The seat of the arbitration shall be [the Philippines].
The language of the arbitration shall be [English].
This arbitration agreement shall be governed by the laws of [the Philippines].”
4.3.2 Arbitration Procedures under PICCR
Arbitration procedures administered by the PICCR are as follows.

PICCR’s detailed arbitration procedures can be found on the PICCR website[23]. In addition, the
“PICCR 2019 Handbook of Arbitration Rules” sets out rules on emergency arbitration and expedited
procedures[24].
5 Recognition and Enforcement of Arbitral Awards in the Philippines
5.1 Introduction
Domestic arbitral awards are recognized and enforced in accordance with Article 23 of the
Arbitration Law through the RTC. If the RTC upholds the arbitral award, it may be enforced in the
same manner as a domestic judgment in the Philippines (Article 40, ADR Act).

As for foreign arbitral awards, the Philippines became a signatory to the Singapore Convention in
2019.Therefore, the enforcement of foreign arbitral awards is now subject to the uniform procedures
set forth in the Convention. However, since the Philippines has not yet ratified the Convention, the
provisions of UNCITRAL shall be followed in the meantime.

Foreign arbitral awards are recognized and enforced in accordance with Article 35 of the UNCITRAL
Model Law (Article 40 of the ADR Act). Therefore, the same procedures as the UNCITRAL Model
Law are used for foreign arbitral awards, and the original or certified copy of arbitral award and
arbitration agreement and their translation (if not in English) are required (Article 35(2) of the
UNCITRAL Model Law). The recognition and enforcement of foreign arbitral awards are categorized
according to whether the country is a member of the New York Convention or not, and it is
affirmatively stipulated that foreign arbitral awards in countries that are members of the New York
Convention will be processed by the RTC in accordance with the rules of the Supreme Court (Article
42 of the ADR Act). With regard to foreign arbitral awards in countries that are not members of the
New York Convention, it is only stated that it is possible to recognize and enforce arbitral awards on
the grounds of comity (Article 42 of the ADR Act).

On the other hand, an arbitral award by the CIAC can be enforced without the approval of the RTC
(Article 40 of the ADR Act).

Article 12 of the ADR Act provides for the recognition and enforcement of arbitral awards and the
revocation of arbitral awards in international arbitration. The party asserting the refusal is responsible
for proving the following grounds for refusal of the recognition and enforcement of an arbitral award.

(i).     the party is incompetent or the arbitration agreement is not valid;

(ii).    there is a defect in service with respect to the appointment of an arbitrator or other arbitral
proceedings;

(iii).   the arbitral award goes beyond the matters alleged in the award;

(iv).  the composition of the arbitrators or the arbitration procedure differs from the arbitration agreement;

(v).    the arbitral award is not finalized or is annulled; or

the court finds the following reasons

 (1)   the subject matter of the dispute is not suitable for settlement or resolution under the laws of the
Philippines; or

(2)   the approval or execution is contrary to public order and morals under Philippine law

 5.2 Case in which recognition and enforcement was approved

The case of Mabuhay Holdings Corporation, v. Sembcorp logistics limited, (G.R. No. 212734,
December 05, 2018), involves Mabuhay Holdings (Mabuhay) and Infrastructure Development &
Holdings, Inc. (IDHI), which are both Philippine domestic corporations and Sembcorp Logistics
Limited (Sembcorp), a company incorporated in Singapore.

The parties engaged in the venture of carrying passengers on a common carriage by inter-island fast
ferry. Eventually, the parties entered to a Shareholders’ Agreement (Agreement) setting out the
terms and conditions governing their relationship with a view of a planned business expansion. The
Agreement included an arbitration clause stating that the arbitration proceeding including the
rendering of the award shall take place in Singapore. 

Since the venture incurred losses, Sembcorp filed a Request for Arbitration before the International
Court of Arbitration of the ICC after failure of Mabuhay and IDHI to pay the Guaranteed Return, as
stated in the Agreement.

Upon receipt of a favourable Final Reward from the ICC, Sembcorp filed a Petition for Recognition
and Enforcement of a Foreign Arbitral Award before the RTC of Makati City, which dismissed the
petition and ruled that the Final Award could not be enforced.

The case reached the Supreme Court, which ruled in favor of Sembcorp. In this ruling, the court held
that the rejection of a foreign arbitral award can only be based on the grounds enumerated in Article
5 of the New York Convention. Any other grounds should be disregarded by the RTC, and Mabuhay
failed to establish these. Moreover, the Supreme Court upheld the Court of Appeals’ (“CA”) decision
that the final award already settled the factual issue on whether Sembcorp acquired the adverted
shares of stock in IDHI. Thus, RTC’s contrary findings constituted an attack on the merits of the final
award. In sum, the CA held that the court shall not disturb the arbitral tribunal’s determination of
facts and/or interpretation of the law. It recognized the Final Award and remanded the case to the
RTC for proper execution.[25]
5.3 Case in which recognition and enforcement was approved
A case in which the recognition and enforcement of a foreign arbitral award was allowed after the
ADR Act came into effect is Tuna Processing, Inc. v. Philippine Kingford, Inc. (G.R. No. 185582,
February 29, 2012). In this case, a license agreement was concluded between the plaintiff
(California company) and the defendant (Philippine company), but the plaintiff had not obtained the
necessary permits and licenses to conduct business in the Philippines. A dispute arose, and the
plaintiff filed for arbitration and obtained a favorable arbitral award. Thereafter, in order to enforce
the arbitral award, the plaintiff filed a petition for recognition and enforcement with the Philippine
Court on October 10, 2007. In response, the defendant filed a Motion to Dismiss, arguing that the
plaintiff had violated the Philippine Companies Act and had not obtained the necessary permits and
licenses in the Philippines.

The Philippine court dismissed the defendant’s petition and granted recognition and enforcement on
the grounds that the list of grounds in the Special ADR Rules are exclusive and violations of the
Companies Act is not included and thus the judgment of the arbitral tribunal should be given weight
since the parties agreed to arbitrate, in accordance with the spirit of the New York Convention[26].
 6. Conclusion
As mentioned above, the Philippines is actively promoting arbitration as an alternative means of
dispute resolution between parties. It is also worth noting that the PDRCI and PICCR offer online
arbitration in response to the current restrictions due to the coronavirus epidemic.

In addition, the Philippines is striving to catch up with the international trend in arbitration, and with
the introduction of new arbitral institutions such as the PICCR, enactment of laws allowing arbitration
such as the Revised Corporation Code, and accession to the Singapore Convention, it is expected
to become a credible and good option for arbitral proceedings soon.

[1] G.R. No. 202166 in relation to Decision March 13, 2013 in CA-G.R. CV No. 96502, Takenaka
Corporation and Asahikosan Corporation vs. International Air Terminals Company, Inc.
[2] G.R. 181892.
[3] Republic of the Philippines, Supreme Court, Second Division, G.R. No. 140288, October 23,
2006 ST. Aviation Services Co. Internationl Airways, Inc., in which a foreign judgment rendered in
Singapore was recognized and enforced by the Philippine Court.
[4] The same provision has been retained in the Rules of Civil Procedure, as amended in 1997
(1997 Rules of Civil Procedure, as amended Rule 39, Article 48).
 
[6]
 Republic Act No. 11232, Act Providing for the Revised Corporation Code of the Philippines
[7] The Philippine Constitution guarantees the right to a speedy trial (Article 3 (16)) and provides that
a judgment or decision must be rendered within 24 months after the case is filed in the Supreme
Court, within 12 months in the lower courts of the collegium, and within 3 months in other lower
courts (Article 8 (15)). In practice, however, the above deadlines are very rarely met.
[8] Senate Bill (S.B. No. 1353), An Act Further Expanding the Jurisdiction of the Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts,
amending for the purpose Batas Pambansa Blg. 129, otherwise known as the `Judiciary
Reorganization Act of 1980,` as amended. of 1980,` as amended
[9] Office for Alternative Dispute Resolution (OADR), Department of Justice Padre Faura Street,
Ermita Manila Sunny Oak, JDC Building, 571 Engracia Reyes St. Ermita, Manila, Manila (2021)
(govserv.org)
[10] If the parties have more than one business locations, the location most relevant to the arbitration
agreement shall be the business location. If there is no business location, the place of habitual
residence shall be deemed to be the place of business (Article 1(4) of the Model Law).
[11] Article 1306 of the Civil Code
[12] Based on Victor P. Lazatin and Patricia Ann T. Prodigalidad, “Arbitration in the Philippines,” and
other interviews conducted by the author.
[13] PDRCI-Arbitration-Rules-Booklet.pdf
[14] China Chiang Jiang Energy Corp. v. Court of Appeals, et al. G.R. No. 125706, Sept. 30, 1996;
National Irrigation Administration v. Court of Appeals, CIAC , et al,. G.R. No. 129169, Nov. 17, 1999,
318 SCRA 255, 268.
It should be noted that there is a possibility that this decision will be reviewed in the future, as it has
been assessed that it violates the New York Convention.
[15] The definition of a construction dispute in this case is said to include the following (Article 35 of
the ADR). It should be noted that this is a relatively broad definition.
“Directly or by reference whether such parties are project owner, contractor, subcontractor,
fabricator, project manager, design professional, “directly or by reference whether such parties are
project owner, contractor, subcontractor, fabricator, project manager, design professional,
consultant, quantity surveyor, bondsman or issuer of an insurance policy in a construction project.”
[16]
 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office,
Providing for its Powers and Functions, and for Other Purposes
[17] HB08062.pdf (congress.gov.ph); proposing “An Act Providing for the Revised Intellectual
Property Code of the Philippines, and for Other Purposes”; the bill has been pending in the
Committee on Trade and Industry since November 24, 2020. ; 2021-03-Philippine-ADR-Review.pdf
(pdrci.org)
[18] http://www.pdrci.org/neutrals-members/accredited-arbitrators/
[19] Section 11, 2015 PDRCI
[20] ibid Article 8
[21] Ibid. Article 52
[22] https://piccr.com.ph/clauses.php
[23] https://piccr.com.ph/rules.php
[24] ibid
[25] G.R. No. 212734 – MABUHAY HOLDINGS CORPORATION, PETITIONER, VS. SEMBCORP
LOGISTICS LIMITED, RESPONDENT.DECISION – Supreme Court E-Library (judiciary.gov.ph)
[26] G.R. No. 185582 (lawphil.net)

In the Philippines the time constraints and costliness of litigation are more often moving contracting
parties to arbitration, but there remain roadblocks to be aware of when choosing this increasingly
popular method of dispute resolution.
 
Given the aversion of contracting parties to costly and protracted litigation, arbitration as an
alternative mode of dispute resolution is gaining more favour and popularity in the Philippines,
resulting in arbitration clauses being an integral part of most commercial transactions.
 
Continuing development
In solidifying arbitration as a viable substitute in resolving commercial disputes, Congress enacted
Republic Act No. 9285, also known as the Alternative Dispute Resolution Act of 2004 (ADR Act),
which provided the much-needed legislation to institutionalize arbitration in the Philippines. The ADR
Act addressed most of the inadequacies of its predecessor, Republic Act No. 876. It governs both
domestic and international commercial arbitration, and has adopted the 1985 UNCITRAL Model Law
as a complement to the Philippines’ earlier accession to the 1958 New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards on 19 June 1958, which it ratified on 6 July
1967.
 
To smoothly integrate arbitration into the existing judicial system, the Supreme Court issued
Administrative Matter No. 076-11-08-SC, dated 1 September 2009, also known as the Special Rules
of Court on Alternative Dispute Resolution (special ADR rules), which provided for the procedural
guidelines for both domestic and international arbitration, as well as enforcement of arbitration in the
Philippines.
 
The ADR Act likewise established the Office for Alternative Dispute Resolution (OADR) to promote,
develop and expand the use of alternative modes of dispute resolution in the country. It is
empowered, among other things, to: formulate training standards and certify arbitration practitioners
and institutions; co-ordinate the development, implementation, monitoring and evaluation of
government alternative dispute resolution programmes; and to carry out the ADR Act. To lessen
court interference in ad hoc arbitrations, the national president of the Integrated Bar of the
Philippines is recognized in the ADR Act as the default appointing authority.
 
Arbitral Institutions
Upholding the choice of the contracting parties, arbitration practice in the Philippines may be
institutional, ad hoc or specialized. Institutional arbitration is coursed through organized institutes
such as the Philippine Dispute Resolution Centre Inc (PDRCI), which provide for their own
procedure. On the other hand, parties are granted the right to enter into ad hoc arbitration by
selecting their own arbitrator or arbitrators, using their choice of procedure, which may include
existing procedures used by different arbitration institutions.
 
Finally, specific industries in the country possess different arbitration bodies equipped to resolve
commercial disputes. For instance, the Construction Industry Arbitration Commission (CIAC) is
mandated under Executive Order No. 1008 to have original and exclusive jurisdiction over all
construction disputes. In addition, parties may also arbitrate disputes under arbitration programmes
formed by state agencies such as the Intellectual Property Office (in co-operation with PDRCI),
which cover intellectual property disputes, and the Wholesale Electricity Spot Market, which handles
energy-related inter-partes disputes.
 
Fees and costs
In the PDRCI, a claimant must pay a filing fee of at least 75,000 pesos (US$1,500), a 100,000 peso
deposit for arbitrator’s fees, and a 25,000 peso deposit for miscellaneous expenses. The
enforcement of arbitral awards, however, only requires a maximum filing fee of 50,000 pesos. In the
CIAC, filing fees may go above 49,968 pesos, administrative fees can go beyond 73,000 pesos, and
arbitrators’ fees can be assessed to more than 1,075,280 pesos depending on the sum in dispute. In
contrast, ordinary court cases can require a filing fee of more than 2% of the amount involved.
 
Attitude of courts
The Philippines has adopted a stance in favour of arbitration such that even arbitration clauses
drafted in permissive language, or which still resort to courts in the alternative, are deemed to
mandate referral of disputes to arbitration. Philippine courts also promote arbitration through interim
measures of protection, such as injunctive reliefs, and confidentiality and protective orders. In
matters of enforcement of domestic and foreign arbitral awards, the Philippine courts further
construed an apparent ambiguity in the rules of procedure in a manner that made court reliefs
existing pending arbitration also available in the execution of a confirmed arbitral award.
 
Res judicata, arbitral awards
Arbitral tribunals are not considered quasi-judicial bodies and are therefore not courts that can
decide with the effect of res judicata. Nonetheless, confirmed arbitral awards are enforceable as final
and executory decisions of Philippine courts, and final court rulings on incidents arising from
arbitration have the effect of res judicata.
 
Challenges in practice
While a growing interest in arbitration confidently foretells of the continuous growth of arbitration
practice in the Philippines, certain ambiguities in the delineation of the roles of arbitral tribunals and
local courts have to be addressed so as not to defeat the benefits that come along with choosing
arbitration.
 
In one case, a claim enforced through arbitration was frustrated on the ground that an arbitral
tribunal lacked jurisdiction to hear claims against a rehabilitating corporation covered by a
suspension or stay order. In the Philippines, the enforcement of arbitral awards can be protracted by
judicial uncertainty on reliefs they may grant post-award, among others. For instance, a writ of
preliminary attachment obtained in an action to enforce a foreign arbitral award was struck down by
an appellate court on the ground that interim reliefs are only available pending arbitration, and not in
the enforcement stage. Courts are also prone to issue or modify interim reliefs even though the ADR
Act grants arbitral tribunals primary authority over interim measures of protection.
 
Under the ADR Act, the enforcement of an arbitral award may be refused, or may be vacated on the
ground that its issuance is against public policy. In view, however, of the absence of any clear
jurisprudence defining what matters are considered against public policy, courts are given
considerable leeway in interpreting such provision. In some instances, courts have even also cited
public policy as a ground to deny the issuance of interim reliefs.
 
The culprit lies in the silent resistance of some of the local courts, which have been accustomed to
implementing local procedural rules used in litigation, instead of adopting arbitration rules of
procedure, which are characterized with much dynamism and flexibility. This is currently being
addressed, as can be seen from the efforts of the judiciary in training and orienting judges with
arbitration laws and procedure.
 
Nonetheless, although factors detrimental to arbitration still remain, there is a recognized burgeoning
interest in the practice, and the collaborative efforts of the government, the institutions and the
practitioners to promote arbitration as a preferable mode of dispute resolution.
 
Regulatory Basics
 
Governing law/ordinance
Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004; Articles 2028-2046 of the
Civil Code of the Philippines; Administrative Matter No. 076-11-08-SC (1 September 2009), or the
Special Rules of Court on Alternative Dispute Resolution.
 
Regulator/s
The Office for Alternative Dispute Resolution.
 
Does the law govern both domestic and international proceedings?
Yes
 
Is the UNCITRAL Model Law the basis of the law governing international or domestic
disputes?
Yes, internationally, while certain provisions of the Model Law were made applicable to domestic
arbitration.
 
Has the Philippines ratified the New York Convention on Enforcement of Arbitration
Agreements and Awards?
Yes
 
What are the most prominent arbitral institutions?
The Philippine Dispute Resolution Centre and the Construction Industry Arbitration Commission.
 
Can third parties/non-signatories be bound by an arbitration?
As a general rule, no. However, exceptions are made in cases of parties bound by separate or
accessory contracts that incorporate arbitration clauses in another primary contract, such as third-
party beneficiaries and bond issuers to a construction contract.
 
What is the attitude of your courts to enforcement of international awards
or agreements?
Philippine courts adopt a stance in favour of arbitration, and particularly refrain from reviewing
arbitral awards subject of enforcement.
 
Are certain types of disputes more commonly being referred to arbitration?
General commercial disputes, disputes involving construction contracts, and disputes over
government procurement contracts.