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A. LEGISLATION AND RULES A.1 Legislation Enacted in 2004, Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR Act”), continues to be the principal governing arbitration law in the Philippines. It adopted the 1985 version of the UNCITRAL Model Law for international arbitrations seated in the Philippines, and expressly recognized the application of the New York Convention (to which the Philippines acceded in 1967) in the Philippines. The ADR Act has not…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003 (“Arbitration Law”), which took effect in 2004 and to which no legislative amendment has been made since. Japan is, however, expected to amend its Arbitration Law imminently. After several steps in both the public and private sectors to build the country as an international dispute resolution hub during the last few years, an overhaul of…

It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues may be set aside by the court. In CJA v CIZ [2022] SGCA 41 (“CJA v CIZ”), the Singapore Court of Appeal (“SGCA”) held that a tribunal that made findings beyond the precise terms of the pleadings and submissions advanced by…

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…