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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2021-2022 – Philippines

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A. LEGISLATION AND RULES A.1       Legislation Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR Act”), continues to be the principal governing arbitration law in the Philippines. The ADR Act has not been amended since its enactment in 2004. However, there have been efforts from the Office for Alternative Dispute Resolution, an agency under the Department of Justice (DOJ), to propose amendments to the ADR Act since 2016. Among the proposed amendments…

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2019-2020 – Philippines

by and 14 Mins Read

PHILIPPINES Jay Patrick R. Santiago and Maria Celia H. Poblador A. LEGISLATION AND RULES A.1 Legislation Republic Act No. (RA) 9285, or the Alternative Dispute Resolution (ADR) Act (ADR Act), continues to be the principal governing arbitration law in the Philippines. The ADR Act has not been amended since its enactment in 2004. Apart from the ADR Act and its implementing rules and regulations, the following laws and rules also govern arbitrations in the Philippines:…

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In Philippines

Senate Bills Propose Mandatory ADR Mechanisms in Public-Private Partnerships

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The Philippines has declared it a policy “to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes”.[1] In recognition of this policy, the Philippine Supreme Court encourages the use of Alternative Dispute Resolution (“ADR”) mechanisms (particularly arbitration and mediation) in the resolution of disputes with the “greatest cooperation of and the least intervention from the courts”.[2] Interestingly, recent bills pending…

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