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 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 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…
We are happy to present to you Arbitration in Asia, an arbitration handbook for Russian in-house counsels. The…
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) 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: (a) RA 876. (b) The Special Rules of Court…
In an April 2015 decision, Asignacion v. Rickmers Genoa Schiffahrtsgesellschaft MBH & CIE KG, 783 F.3d 1010 (5th…
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 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…