The Arbitration Contract serves as a crucial legal instrument for businesses operating in the Philippines who wish to establish a clear, efficient, and binding dispute resolution mechanism outside the traditional court system. This document is particularly relevant in light of the Philippines' Alternative Dispute Resolution Act of 2004 (RA 9285) and the country's recognition of international arbitration standards, including the New York Convention. The contract should be used when parties wish to agree in advance on how they will resolve potential future disputes, or when establishing arbitration procedures for specific existing agreements. It includes comprehensive provisions for arbitrator selection, procedural rules, cost allocation, and enforcement mechanisms, while ensuring compliance with Philippine law and international arbitration practices. The document is especially valuable for commercial relationships where confidentiality, expertise in dispute resolution, and efficiency in proceedings are priorities.
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1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between the parties, and the general purpose for entering into the arbitration agreement
3. Definitions: Clear definitions of key terms used throughout the agreement, including technical and legal terminology
4. Agreement to Arbitrate: Clear and unequivocal expression of parties' consent to submit disputes to arbitration, specifying the binding nature of the agreement
5. Scope of Arbitration: Detailed description of what types of disputes are covered by the arbitration agreement and any specific exclusions
6. Arbitration Rules: Specification of which arbitration rules will govern (e.g., PDRCI Rules, UNCITRAL Rules) and any modifications
7. Seat and Venue: Designation of the legal seat of arbitration and the physical venue for hearings
8. Arbitrator Selection: Process for selecting arbitrators, including number of arbitrators and qualification requirements
9. Language: Specification of the language(s) to be used in the arbitration proceedings
10. Governing Law: Clear statement of the law governing the arbitration agreement and the substantive dispute
11. Awards: Provisions regarding the form, timing, and enforcement of arbitral awards
12. Costs: Allocation of arbitration costs and legal fees
13. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and any documents exchanged
14. Notices: Process for serving notices and communications related to the arbitration
15. Execution: Signature blocks and execution formalities
1. Emergency Relief: Provisions for emergency arbitrator appointments and interim measures, useful for contracts where urgent relief might be needed
2. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties, including joinder and consolidation
3. Expert Determination: Provisions for appointing technical experts for specific issues, particularly useful in complex technical disputes
4. Mediation-Arbitration: Provisions for attempting mediation before proceeding to arbitration, useful for parties wanting to preserve business relationships
5. Time Limits: Specific timeframes for various stages of the arbitration, useful for expedited proceedings
6. Document-Only Arbitration: Provisions for conducting arbitration without oral hearings, useful for smaller disputes
7. Appeals Process: Provisions for internal appeals within the arbitration framework, if parties want additional review options
1. Schedule A - Arbitration Rules Modifications: Detailed modifications to the chosen arbitration rules, if any
2. Schedule B - Fee Schedule: Detailed breakdown of administrative fees, arbitrator fees, and other costs
3. Schedule C - Required Qualifications of Arbitrators: Specific requirements for arbitrator expertise, experience, and credentials
4. Schedule D - Procedural Timetable: Template or guidelines for the arbitration timeline and key procedural steps
5. Schedule E - Document Production Protocol: Procedures for requesting and exchanging documents during the arbitration
6. Appendix 1 - Model Notice of Arbitration: Template for initiating arbitration proceedings
7. Appendix 2 - Model Procedural Orders: Standard templates for common procedural orders
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Legal
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