The document discusses different kinds of arbitration including voluntary arbitration, compulsory arbitration, domestic arbitration, foreign arbitration, domestic commercial arbitration, and international commercial arbitration. It also discusses policies on arbitration from the Supreme Court encouraging arbitration as an inexpensive, speedy method of resolving disputes and construing arbitration clauses liberally. Arbitration is seen as the preferred method over litigation for resolving commercial disputes internationally.
The document discusses different kinds of arbitration including voluntary arbitration, compulsory arbitration, domestic arbitration, foreign arbitration, domestic commercial arbitration, and international commercial arbitration. It also discusses policies on arbitration from the Supreme Court encouraging arbitration as an inexpensive, speedy method of resolving disputes and construing arbitration clauses liberally. Arbitration is seen as the preferred method over litigation for resolving commercial disputes internationally.
The document discusses different kinds of arbitration including voluntary arbitration, compulsory arbitration, domestic arbitration, foreign arbitration, domestic commercial arbitration, and international commercial arbitration. It also discusses policies on arbitration from the Supreme Court encouraging arbitration as an inexpensive, speedy method of resolving disputes and construing arbitration clauses liberally. Arbitration is seen as the preferred method over litigation for resolving commercial disputes internationally.
The document discusses different kinds of arbitration including voluntary arbitration, compulsory arbitration, domestic arbitration, foreign arbitration, domestic commercial arbitration, and international commercial arbitration. It also discusses policies on arbitration from the Supreme Court encouraging arbitration as an inexpensive, speedy method of resolving disputes and construing arbitration clauses liberally. Arbitration is seen as the preferred method over litigation for resolving commercial disputes internationally.
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Kinds of Arbitration
Kinds of Arbitration VOLUNTARY ARBITRATION COMPULSORY ARBITRATION
Involves the reference of a Process of settlement of
dispute to an impartial body, the [labor] disputes by a members of which are chosen by government agency which has the parties themselves, which the authority to investigate and parties freely consent in advance to make an award which is to abide by the arbitral award binding on all parties, and as a issued after the proceedings mode of arbitration where the where both parties had the parties are compelled to accept opportunity to be heard the resolution of their dispute through arbitration by a third party. Kinds of Arbitration DOMESTIC FOREIGN
If the seat is within the If the seat is outside the
Philippines. Philippines, even if the place of arbitration is in the Philippines. Kinds of Arbitration DOMESTIC INTERNATIONAL
The arbitration is not international The arbitration is international in
in character: character: If components of parties places 1) The parties places of business, of business, place of arbitration, which at the time of the conclusion of the arbitration place of a substantial part of the agreement, is in different states; obligation, and place where the subject matter of the dispute is 2) The place of arbitration closely connected, are all located provided in the arbitration agreement and in which the in the Philippines. parties have their places of business, is outside the Philippines; Kinds of Arbitration DOMESTIC INTERNATIONAL 3) The places of business where a substantial part of the obligation is to be performed or the place with which the subject matter of the dispute is most closely connected, and in which the parties have their places of business, is outside the Philippines; 4) The parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. Kinds of Arbitration DOMESTIC COMMERCIAL INTERNATIONAL COMMERCIAL
Governed by the Arbitration Governed by the ADR Act and
Law (RA No. 876), the Model IRR Law, and specific provisions of the ADR Act Kinds of Arbitration DOMESTIC COMMERCIAL INTERNATIONAL COMMERCIAL
Is at the same time commercial if
it covers matters arising from all relationships of a commercial nature, whether contractual or not, in which case the arbitration is called International Commercial Arbitration (ICA) Policy on Arbitration Korea Technologies v. Lerma Being an inexpensive, speedy and amicable method of settling disputes, arbitration along with mediation, conciliation and negotiation is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the wave of the future in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. Korea Technologies v. Lerma Consistent with the above-mentioned policy of encouraging alternative dispute resolution methods, courts should liberally construe arbitration clauses. Provided such clause is susceptible of an interpretation that covers the asserted dispute, an order to arbitrate should be granted. Any doubt should be resolved in favor of arbitration.
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
