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). The ADR Act has not been amended since…
A. LEGISLATION AND RULES A.1 Legislation Enacted in 2004, Republic Act No. (RA) 9285, or the Alternative Dispute…
A. LEGISLATION AND RULES A.1 Legislation Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR…
We are happy to present to you Arbitration in Asia, an arbitration handbook for Russian in-house counsels. The publication, a collaboration with KIAP, Attorneys at Law, is written in the Russian language and discusses cultural specifics of arbitration in several Asian jurisdictions, including Cambodia, China, Hong Kong, India, Korea, Singapore, Thailand, Vietnam and the Philippines. It was launched via a webinar on 12 March 2021. The webinar can be viewed here.
PHILIPPINES Rafael Roman T. Cruz A. LEGISLATION AND RULES A.1 Legislation Republic Act No. (RA) 9285, or the…
PHILIPPINES A. LEGISLATION AND RULES A.1 Legislation Republic Act No. (RA) 9285, or the Alternative Dispute Resolution (ADR)…
In an April 2015 decision, Asignacion v. Rickmers Genoa Schiffahrtsgesellschaft MBH & CIE KG, 783 F.3d 1010 (5th Cir. 2015), the U.S. Court of Appeals for the Fifth Circuit overturned a trial court decision that refused enforcement of a Philippine arbitral award on public policy grounds. Plaintiff Lito Martinez Asignacion (“Asignacion”), a citizen and resident of the Philippines, signed a contract to work as a seaman aboard a vessel owned by Defendant, German company Rickmers Genoa…
Manila, Philippines, July 2015 — Quisumbing Torres’ (QT) Dispute Resolution Practice Group, headed by Donemark J.L. Calimon, hosted…
The Philippines has declared it a policy “to actively promote party autonomy in the resolution of disputes or…
Corporate directors and officers may be bound by arbitration agreements entered into by the corporation of which they are directors. In Lanuza, Jr., et al. v. BF Corporation, et al.,[1] the Supreme Court’s Second Division, in a decision penned by Justice Marvic MVF Leonen, held that “corporate representatives may be compelled to submit to arbitration proceedings pursuant to a contract entered into by the corporation they represent if there are allegations of bad faith or…