Group 3

1. What is Arbitration? (1pt) Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

2. What is an Arbitral Tribunal? (1pt) Means a sole arbitrator or a panel of arbitrators.

3. When Arbitration is be considered International? ( 5pts) If any of the following instances occur. 1. The parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or One of the following places is situated outside the State in which the parties have their places of business: a. the place

of arbitration is determined in, or pursuant to, the arbitration agreement; b. any place where 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 clearly connected; or 3. The parties have expressly agreed

that the subject matter of the arbitration agreement relates to more than one country.

4. When arbitration is be considered commercial? ( 2pts) If it covers matters arising from all relationships of a commercial in nature, whether contractual or not.

5. What are the things to be conducted in the designated place of arbitration? (3pts)1. the conduct of consultation among the members of the arbitral tribunal; 2. hearing of the witnesses, experts or the parties; or 3. the inspection of the goods, properties or documents.

6. When is a written communication deemed to have been received? (3 pts) It is deemed to have been received if: a. It is delivered to the addressee personally; or b.if it is delivered to his :b.1. place of business;b.2. habitual residence; or b.3. mailing address;

7. In what instances, a party shall be deemed to have waived his right to object? (3 pts) A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration

agreement has not been complied with and yet proceed with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.

8. What does it mean by a default rule? ( 2pts) It means that they are applicable only in the absence or default of or in default of applicable provisions contained in: 1.an agreement in force between the Philippines and other state or states;2. an agreement between the parties on the applicable rules.

9. Where is the default place of Arbitration? ( 1pt) The

default place of arbitration shall be in Metro Manila, unless the arbitral tribunal decides on a different place of arbitration taking into consideration the circumstances of the case.

10. Give at least 5 matters not covered by the model law? (5pts) state immunity from suit, arbitrability of subject matter of the dispute, fixing of arbitrators fee, competence of arbitrator to reform a contract, time-limit of an award,

11. The territorial scope of the coverage of the model law is subject to 4 exceptions where the ADR Act shall apply

even where the arbitration is taking place or is to take place outside the Philippines. What are the 4 exceptions? (4pts) A national court is required to refer the parties to arbitration, a party to a foreign arbitration may apply with a national court before or during arbitral proceedings for an interim measures of protection; a prevailing party in a foreign arbitration may apply with a national court for recognition and enforcement of a foreign award; and a national court may refuse an application under model law art 27 is not one of the exceptions

12. International commercial arbitration is confidential and shall not be disclosed except when? (2pts)

13. When is the default date of commencement of

arbitration? (1pt) it is to be determined by the parties. 14. What are the default procedures for appointing

arbitrators? ( 2pts) in arbitration with 3 arbitrators- each party shall appoint one arbitrator, and both appointed arbitrators shall appoint the 3rd arbitrator, failing which the appointment shall be made by the

appointing authority; and in arbitration with sole arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority

15. What are the costs in an international commercial arbitration? Give at least 3. (3pts) fees of arbitral tribunal, fees and expenses of appointing authority; travel and other expenses

16. If a party does not have a place of business, where is the reference to be made? (1pt) reference is to be made to his habitual residence.

17. True or false: In the interpretation of this law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith. (1pt) true

18. When Arbitration is considered ad hoc? (1pt) when it is administered by the parties themselves or by the arbitrator in the course of preparing and approving the rules governing such arbitration or in conducting the arbitration

19. Give the 4 tests of territoriality. (4pts) place of business, place of arbitration; place of performance;

and subject matter of arbitration agreement 20. True or false: The Philippine court without jurisdiction

has the competence to intervene in the arbitral proceeding and Philippine procedural law would apply. (1pt) false- with jurisdiction

Group 4 1. What is an arbitration agreement?

Arbitration agreement is an agreement by the parties to submit to arbitration all certain disputes which have arisen or which may arise between them in

respect of a defined legal relationship or not. 2. What can be the form of arbitration agreement?

An arbitration agreement maybe in the form of an arbitration clause in a contract or in the form of a separate agreement.

3. Arbitration is a matter of contract, and parties are bound by arbitration award only if they agreed to arbitrate the matter, True or False? -True

4. An Arbitration Agreement exists even when one of the parties did not sign. True or False?

-True 5. Who are bound by the Arbitration Agreement?

-Only the parties, their heirs or assigns are bound to the arbitration agreement.

6. Can third parties be included in an arbitration proceeding?

-Yes, provided they agree to be included and those originally bound by the arbitration agreement do not object to their inclusion.

7. When a contract is terminated, the arbitration is also terminated, true or false?

-False 8. Who can rule on the validity of an arbitration agreement?

-Both the court and the arbitral tribunal. 9. The Model Law does not cover a proceeding described as arbitration when it is? - Compulsory or required by statute and not based on the voluntary agreement of the parties. 10. Any doubts concerning the scope of arbitrable issues

should be not be resolved in favor of arbitration? -False

11. When an issue of validity arises it must be decided according to the National law of the particular state, True or false?

-True 12. The court issue a preliminary injunction to interfere in an arbitration, True or False?

-False 13. What is required for an electronic communication to be considered as an agreement in writing? The information contained therein must be accessible so as to be useable for subsequent reference. 14. Enumerate at least four circumstances under which the arbitration agreement invoked by the party seeking a referral order may be found to be non-existent, null and void, inoperative or incapable of being performed.

(1) No consent or no valid consent to the alleged arbitration agreement.

(2) Arbitration agreement not validly transferred to the party making the referral application or to the

party responding thereto. (3) Formal requirements not met. (4) Condition precedent to the arbitration

agreement taking effect not fulfilled. (5) Arbitration agreement no longer in effect. (6) Arbitration agreement invalid because the

dispute is not arbitrable. (7) Arbitration agreement invalid because it is

abusive or unconscionable. (8) Arbitration agreement invalid because of the

invalidity of non-severable provisions thereof. (9) Arbitration agreement designating an arbitral

institution or appointing authority that is either non-

existing or uncooperative. (10) Failure to commence arbitration within the

deadline provided for in the arbitration agreement. 15. What is the object of the substantive enquiry to be performed by the court under article 8? The object of the substantive enquiry to be performed by the court under article 8 is twofold: a court must be satisfied that the arbitration agreement is: firstly, neither null and void, inoperative nor incapable of being performed and,

secondly, applicable to the dispute to which the action relates. MODIFIED TRUE OR FALSE. 16. An arbitration agreement may only be in writing and may not be conducted orally, by conduct of the parties, or by other means. FALSE-may 17. Courts may refer an action to arbitration on their own motion. FALSE-May Not. 18. The respondent cannot resist a referral application on the ground that the dispute does not fall within the ambit of the arbitration agreement. FALSE-Can 19. Article 9 expresses the principle that any interim measures of protection that may be obtained from courts

under their procedural law are incompatible with an arbitration agreement. FALSE-Compatible

Group 6

1. What is the Separability Principle? - An arbitration clause forming part of a contract is to be treated as an independent, or separate, contract. 2. What is the Principle of Competence-Competence? - The arbitral tribunal has the competence to rule upon its jurisdiction including the issue of he existence or validity of the arbitration agreement. 3. What rule applies in the Philippines as to the formal validity of contracts? - Lex Loci Contractus 4. In the Philippines, what determines a person’s legal capacity? - his national law 5. Absent a parties’ agreement, when may a party file for a special proceeding to seek judicial intervention to determine the existence the existence, validity or enforceability of the arbitration clause?

- at any time before commencement of arbitration. 6. When is an arbitral proceeding commenced? - on the date the respondent received the request for the dispute to be referred to arbitration. 7. Under the ADR Act, when may the court not decline to refer some or all of the parties to arbitration? - Not all of the disputes subject of the civil action is arbitrable. - Not all the parties to the civil action are bound by the arbitration agreement and referral to arbitration would result in multiplicity of suits.

- Issues raised in the civil action could be speedily and efficiently resolved in its entirety by the court rather than in arbitration. - Referral to arbitration does not appear to be the most prudent action. - The stay of the action would prejudice the rights of the parties to the civil action who are not bound by the arbitration agreement. 8. When may the issue of arbitral tribunal’s jurisdiction be raised?

- Before filing of Answer or Statement of Defense of the respondent, or; - before filing of Motion to Dismiss. 9. Under what condition may an arbitral tribunal admit a belated plea that it has no jurisdiction? - When the delay was justified 10. When may a party file a Petition for Judicial Relief from the arbitral tribunal’s ruling upholding or declining its jurisdiction? -30 days after receipt of notice. 11. What is the remedy if the court rules that the arbitral

tribunal has no jurisdiction? - File a Petition for Certiorari 12. What must the court do if it is unable to render a decision in the petition questioning the tribunal’s preliminary ruling affirming its jurisdiction?

- Dismiss 13. What is the effect if a party failed to raise objection if the tribunal acted in excess of its jurisdiction? - The party is precluded from raising it at a later stage. Modified True or False: 14. True or False: The Principle of Competence-Competence applies only in Int’l Commercial Arbitration and not with Domestic Arbitration. 15. True or False: Pending appeal, the arbitral tribunal must, under all circumstance, suspend the proceedings. - it may either suspend or continue with the proceeding 16. True or False: A party who has appointed or participated in the appointment of an arbitrator is precluded from raising the issue of the tribunal’s jurisdiction. - a party is not precluded

17. True or False: A decision that the contract is null and void shall entail ipso jure the invalidity of the arbitration clause. - “not ipso jure…” 18. True or False: A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. 19. True or False: The plea that the tribunal is exceeding the scope of its authority shall be ruled only in an award

on the merits. - it may be ruled out either as a preliminary question or in an award on the merits. 20. True or False: Under the policy of judicial restraint, the court must make more than a prima facie determination of the issue. - Must not be more than a prima facie determination.

Group 7 1. What is an interim measure?

An interim measure is a temporary measure, issued prior to the issuance of the final award, which orders a party to maintain status quo, refrain from causing imminent harm to the arbitral process, preserve assets, or preserve evidence.

2. Who can order an interim measure? The arbitral

tribunal and the court.

3. What is a preliminary order? A preliminary order is an order that provides for a

means to preserve the status quo until an interim measure is ordered.

4. Who can issue a preliminary order? The arbitral tribunal and the court.

5. A preliminary order is valid for how many days? 20 days.

6. When can the arbitral tribunal order an interim

measure?

a. After constitution of the arbitral tribunal

b. During arbitral proceedings

7. When can the court order an interim measure?

a. Before commencement of arbitration

b. After commencement but before constitution

of the arbitral tribunal

c. If the arbitral tribunal has no power or cannot act effectively

8. I. A party can request for an interim measure from

the court through a verified petition. II. A party can request for an interim measure from

the arbitral tribunal through a written application.

Both statements are true

9. What are the grounds for granting an interim relief? (CISE)

a. To prevent irreparable loss or injury

b. To provide security for the fulfillment of an

obligation

c. To compel any other appropriate act or omission

d. To produce or preserve evidence

10. Who will be liable in case an interim measure or

preliminary order is later determined to be

erroneously granted because of non-disclosure of material facts? The requesting party.

11. I. The court CANNOT assist in the enforcement of an interim measure ordered by an arbitral tribunal upon application of either party. (FALSE – CAN) II. The court CANNOT enforce a preliminary order

issued by the arbitral tribunal. Only statement II is true.

12. Non-compliance with an interim order will make the non-compliant party liable for:

a. Damages

b. Expenses

c. Attorney’s fees

13. An interim measure can be modified, suspended, or

terminated upon request of any party or upon the tribunal’s own initiative. TRUE

14. Under Section 28 of ADR Act, What is the remedy if the arbitral tribunal has no power to act or is unable to act effectively for an interim measure of protection or modification? Request may be made with the

Court. 15. The arbitral tribunal CAN enforce its order of interim

measure against third parties not bound by the arbitration agreement. FALSE.

16. Under Rule 5 of the Special ADR Rules, what court has the jurisdiction for granting an interim relief? RTC.

17. Under Section 28 of ADR Act, who may apply with the

court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal? Either party.

18. Can the court modify the interim order of the arbitral

tribunal? No.

19. Can the Arbitral tribunal modify the measure granted by the court? Yes.

20. In case of conflict between an interim measure of

protection issued by the court and that issued by the arbitral tribunal, what shall the court do? The court shall refer the matter to the arbitral tribunal.

GROUP 8. CONDUCT OF ARBITRAL PROCEEDINGS

1. A statement of claim or defense shall contain?

a) Facts

b) Points at Issue

c) Relief/Remedy sought

2. Compliance for statements of claim/defense is

necessary for a request for arbitration that

sufficiently states the claim. FALSO -

UNNECESSARY

3. In Arbitration, Rule 8 of ROC is STRINGENTLY

followed. FALSE – liberally followed.

4. Yes or No. = Only the Arbitral Tribunal decide to

hold oral hearings or documentary proceedings for

the presentation of evidence. NO – PARTIES MAY

AGREE

5. In Model Law Article 25, how may a party be

declared in default? Claimant fails to

communicate his claim in accordance to Article

23;

Respondent fails to communicate his defense; and

when either party fails to appear at a hearing

6. What provision provides for the confidentiality of

Arbitration – SECTION 23, RA 9285

7. TRUE or FALSE = Philippines is one of the

countries where confidentiality in Arbitration cases

is allowed. – TRUE

8. What shall be filed to prevent an information from

being disclosed without the express consent of the

party who requested for it? = PETITION or

REQUEST TO ISSUE A PROTECTIVE ORDER

9. Regarding an EXPERT, Art. 26 of the Model Law

gives authority to the Arbitral Tribunal to..? -

APPOINT an expert ; REQUIRE A PARTY to give

the expert any relevant information

10. True or False = A party, on its own initiative, can

request a Court assistance in taking evidence. –

FALSE ; A party has to have the approval of the

Arbitral Tribunal

11. What are the 3 minimal requirements for equal

treatment of parties?

a. Adequate notice

b. Hearing on the evidence

c. Impartial decision by the arbitrator.

12. Enumerate the powers conferred upon the arbitral

tribunal.

a. Admissibility

b. Relevance

c. Materiality

d. Weight of evidence

13. What is the other term for the determination of

rules of procedure under Article 19 of the model

law?

- Magna Carta of Arbitral Procedure

14. What happens when the rules of procedure agreed

by the parties considered by the arbitral tribunal

as inappropriate?

- The UNCITRAL Arbitration Rules shall apply

15. Under Section 30 of the ADR Act, where is the

neutral place of arbitration?

- Metro Manila unless having regard of the

circumstance of the case, including the

convenience of the parties, and to hold

hearings at any place it considers appropriate.

16. What are the importance of the place of

arbitration?

To determine the:

a. Extent of involvement of national courts in

the conduct of arbitration.

b. Enforceability of the arbitral award.

c. Extent and nature of the mandatory

procedural rules.

17. What are the contents of the request for the

dispute to be referred to arbitration?

a. Sufficient particulars

b. Arbitration agreement

c. Description of the dispute

18. May a party be represented by a non-lawyer? Yes

19. What is the language or languages to be used in

the conduct of arbitral proceedings under Section

31 of the ADR Act?

20. What is the form of the request for the dispute to

be referred to arbitration? It shall be in writing.

Group 9 Rendition of award and Termination of proceedings

TRUE OR FALSE:

1. The arbitral tribunal shall decide the dispute in accordance with the rules of law CHOSEN BY THE PARTIES as applicable to the substance of dispute. –TRUE

2. The term “rules of law” extended to general legal principles or law developed in arbitration awards. –FALSE; did not extend

3. The choice of the substantive law of a particular

State includes the rules of evidence of that State even if the parties did not specifically prefer to such rules. –FALSE; the rules must be applied only if the parties agree.

4. The parties may empower a third party, such as an arbitral institution, to choose the applicable law. – FALSE; may not

5. If there is no majority for any single position, the

tribunal must continue to deliberate until a majority is formed or, in the alternative, issue NO AWARD. – TRUE

6. The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated. –TRUE

7. It is mandatory for the arbitrators to sign the award in the place of arbitration. – FALSE; the arbitrators, if a panel of three, may sign the award in three different places because the place where the award was signed is irrelevant.

8. The award is binding and enforceable upon a party three months after his receipt of the award. –

TRUE 9. Interim, interlocutory and partial awards are final

and therefore, mandate the arbitral tribunal to terminate the proceedings. – FALSE; not final, does not mandate

10. The award be corrected by the arbitral tribunal motu proprio or upon the request of at least one party. –TRUE

Q&A: 1. Distinguish “amiable compositeur” from “ex auquo

at bono” A: “amiable compositeur” means author of friendly compromise. Generally it does NOT allow arbitrators to disregard mandatory provisions of substantive law or the public policy of the forum state. “ex auquo at bono” means according to what is right and good. It PERMITS arbitrators to disregard even mandatory provisions of substantive law if a strict legal approach would lead to an inequitable result.

2. Who is a “Presiding Arbitrator?”i n arbitration practice, the third member of the arbitral tribunal acts as chairman thereof and is treated as a presiding arbitrator.

3. What are the instances where the arbitral tribunal may refuse to record settlement? (a) If the stipulated settlement is incompatible

with the public order or the legal system applicable to the arbitration; or

(b) in case of suspected fraud, or illicit or utterly unfair settlement terms ; or

(c) Which may be in violation of law, such as anti-trust laws or income tax laws or in furtherance of a conspiracy between the

parties; or (d) May be in conflict with binding laws or public

policy, including fundamental notions of fairness and justice.

4. What is the principle of Arbitration that is stated in Model Law Article 28 which complements Art.

19? Parties have COMPLETE AUTONOMY to choose the rules to govern the substance of disputes.

5. How is an award considered sufficient? According to the 1976 UNCITRAL Arbitration Rules, it is sufficient that the award is signed by a majority of arbitrators provided that the reason for the missing signature is stated.

6. When may a tribunal be truncated or curtailed? In case a tribunal member: (a)Is dead; or (b)Became de jure or de facto incapacitated.

7. What are the 2 ways to terminate proceedings? (a)By a final award of the arbitral tribunal; and (b)By an order of the arbitral tribunal terminating the arbitration proceedings.

8. What are some examples that the continuation of the proceedings is either impossible or unnecessary? (a) The rendering of an award on the merits of the

case; (b) The agreement of the parties to terminate the

proceedings; (c) The withdrawal of the claim; or (d) The lapse of jurisdiction or mandate of the

arbitral tribunal. 9. What, on the other hand, are the circumstances

that do not constitute impossibility to continue the proceedings? (a) Difficulties or delays in appointing the

presiding arbitrator; (b) Failure of action on the part of the arbitrators;

or (c) Unreasonable delay in rendering the award.

10. When shall the arbitral tribunal issue and order

for the termination of the arbitral proceedings ? WHEN a. the claimant withdraws his claim; b. the parties agree on the termination of the proceedings; c. the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

Group 10 1. What is Judicial Review?

It is the power to pass upon the determination of a body or person performing a quasi-judicial function, although appellate courts have left to interpretation and application the precise nature of the review to be made. 2. When can a Petition to Set Aside be filed? Within 3 months from the time the petitioner receives a copy of the arbitral award. 3. A for a Petition to Set Aside may be filed with the

following RTC, except: (a) where arbitration proceedings were conducted; (b) where any of the assets to be attached or levied upon is located; (c) where the parties stipulated in the agreement; (d) where any of the parties to arbitration resides or has its place of business; or (e) in the National Capital Judicial Region? (C), it must be where the act to be enjoined will be or is being performed

4. What findings of the court may cause it to set aside or refuse the enforcement of the arbitral award?

a. The subject-matter of the dispute is not capable of settlement by arbitration under the law of the Philippines; or b. The recognition or enforcement of the award would be contrary to public policy.

5. What remedy may be filed by a party on a decision or order of the RTC adjourning or deferring a petition to set aside or to recognize or enforce a Model Law award? A Motion for Reconsideration.

6. After Notice and Reply, if there are issues of fact relating

to the ground/s relied upon for the court to set aside, what shall it require the parties to submit? It shall require the parties to submit the affidavits of all of their witnesses and reply affidavits, attached to which shall be documents relied upon to support the petition or opposition.

7. As a general rule, the grounds for a petition to set aside the arbitral award are exclusive. What shall the court do to any other recourse besides a petition to set aside the arbitral award based on the exclusive grounds? Any other recourse shall be dismissed by the court.

8. Who has the burden of proof in proving the grounds to set aside the arbitral award? The applicant has the burden of proving a ground on the basis of which the award should be set aside.

9. What is the remedy of a party seeking to set aside a ruling of the RTC when it has acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction? Appeal by certiorari

10. What is the purpose of judicial review of arbitral awards? To keep the administrative agency within the court’s jurisdiction and protect the substantial rights of parties and that is part of checks and balances which restricts the separation of powers and forestalls arbitrary and unjust adjudications.

11 to 13. What must a party prove in his application to set aside arbitral award?

(i). A party to the arbitration agreement was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereof, under Philippine law; or

(ii). The party making the application to set aside or resist enforcement was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iii). The award deals with a dispute not contemplated by or not falling within the terms of

the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration; provided that, if the

decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside or only that part of the award which contains decisions on matters submitted to arbitration may be enforced; or

(iv). The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of Philippine law from which the parties cannot derogate, or, failing such agreement, was not in accordance with Philippine law.

14. True or False. A party may file a special civil action for certiorari to annul or set aside a ruling of the RTC when it has acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law. TRUE

15. True or False. The grounds enumerated under Article 34 of the Model law is exclusive. TRUE

16.True or False. Independent investigations by the arbitral tribunal, without informing the parties,is not a violation of the parties’ right to be heard. FALSE, violations

17. What kind of stipulations in the arbitral agreement does not invalidate the power of the court to review arbitral awards? (a) the decision shall be final and binding between parties; (b) the decision shall not be subject to appeal; and/or (c) there shall be no further judicial recourse if either party disagrees with the whole or part of the arbitrator’s award. 18. True or False. Arbitrators does not perform a quasi-

judicial function, hence, their final awards are subject to judicial review. FALSE (they do perform a quasi-judicial function)

19. Yes or No. Can the manner of judicial review be modified by parties through an agreement? NO (cannot be modified even through agreement)

20.True or false. There may also be cases of partial setting aside of an award. TRUE

Group 11 1. What is the goal and main purpose of New York Convention?

- Is to establish a legislative basis for the enforcement in a state party arbitral awards made outside the state. It also serves as a confidence-building instrument assuring business parties involved in international trade. 2. Give four (4) reasons for refusing a request for enforcement of an arbitral awards;

1. Violation by the arbitral of rules on arbitral jurisdiction

2. Violation of arbitral procedure 3. When the subject matter is not an arbitrable issue 4. Incompatibility of the award with the “public

policy” of the enforcing state 3. Give the three types of reservations to adherence that countries may apply:

1. Conventional Reservation 2. Commercial Reservation 3. Reciprocity reservation

4. Article 1(3) of the NY Convention allows the state to make reservation on the basis of?

-On the basis of Reciprocity. 5. The basis of arbitral award determines primarily on what law?

- Determined primarily on the basis of the law of the State where recognition and enforcement is sought. 6. What is Reciprocity Reservation?

- some countries may choose not to limit the

Convention to only awards from other contracting states, but may however limit application to awards from non-contracting states such that they will only apply it to the extent to which such a non-contracting state grants reciprocal treatment.

7. Where is the jurisdiction of national court to review foreign arbitral award?

- only in the national court of the place of arbitration in accordance with the applicable procedural rules of the foreign country, failing of which.

8. What are the two alternatives of the national court in foreign arbitral awards?

- Recognize and enforce it;

- Refuse it recognition and enforcement 9. What are the 4 instances where the petition may be filed by any party to the arbitration, at the option of the

petitioner with the RTC: 1. Where the assets to be attached or levied upon are

located, 2. Where the act to be enjoined is being performed, 3. In the principal place of business in the Phils. Of

any of the parties 4. In the National Capital Judicial Region

10. When may a party file appeal by Petition for Review?

- 15 days from receipt of the decision of the RTC

11. What must the party relying on award show to the RTC?

- original or authenticated copy of the award; and

- original arbitration agreement or a duly authenticated copy

12. Can a party be represented in International Commercial Arbitration?

- Yes

13. Under IRR Rule 6 (4.45) The term cost shall include only? (i) The fees of the arbitral tribunal to be stated

separately as to each arbitrator and to be fixed by the tribunal itself in accordance with the paragraph (b) of this Article;

(ii) The travel and other expenses incurred by the arbitrators;

(iii) The costs of expert advice and of other assistance required by the arbitral tribunal;

(iv) The travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;

(v) The costs for legal representation and assistance of the successful party if such costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;

(vi) Any fees and expenses of the appointing authority.

True or False 14. When an application is made with the national court for the recognition and enforcement of a foreign arbitral award, a party to the foreign arbitration may not oppose such application. –False (may oppose) 15. The commercial nature of the relationship is determined at the commencement or inception of the agreement, not at the time of enforcement. -True 16. The law of the State where recognition and enforcement is sought is not relevant for determining whether a dispute is arbitrable. - False (it is relevant) 17. A verified petition for review on certiorari only relies on questions of facts, and on limited grounds. - False ( question of law) 18. 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 as a judgment of a foreign court. - True

19. The notice of proceedings to parties shall be sent at least thirty (30) days before the date set for the initial hearing of the application. -False (15 days) 20. The foreign arbitral awards shall be recognized as binding, and upon petition to the Regional Trial Court subject to the Grounds for Refusing Recognition or Enforcement. True

GROUP 5