A.M. No. 07-11-08-SC Special Rules of Court

8/20/2019 A.M. No. 07-11-08-SC Special Rules of Court

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Republic of the PhilippinesSUPREME COURT

ManilaEN BANC

A.M. No. 07-11-08-SC September 1, 2009

SPECIAL RULES O COURT ON ALTERNATI!E "ISPUTE

RESOLUTION

Acting on the recommendation of the Chairperson of the Sub-Committeeon the Rules on Alternative Dispute Resolution submitting for this Court’sconsideration and approval the proposed Special Rules of Court on

Alternative Dispute Resolution, the Court Resolved to APPRO! the same"

#his Rule shall ta$e effect on October %&, '&&( follo)ing its publication in

three *%+ ne)spapers of general circulation"

September , '&&("

RE#NATO S. PUNO

Chief ustice

LEONAR"O A. $UISUMBIN%

Associate ustice

CONSUELO #NARES-SANTIA%O

Associate ustice

ANTONIO T. CARPIO

Associate ustice

RENATO C. CORONA

Associate ustice

CONC&ITA CARPIO

MORALESAssociate ustice

MINITA !. C&ICO-NA'ARIO

Associate ustice

PRESBITERO (. !ELASCO, (R. ANTONIO E"UAR"O B. NAC&URA

Associate ustice Associate ustice

TERESITA (. LEONAR"O-"ECASTRO

Associate ustice

ARTURO ". BRIONAssociate ustice

"IOS"A"O M. PERALTA

Associate ustice

LUCAS P. BERSAMIN

Associate ustice

MARIANO C. "EL CASTILLO

Associate ustice

ROBERTO A. ABA"

Associate ustice

SPECIAL RULES O COURT ON ALTERNATI!E "ISPUTERESOLUTION

PART I%ENERAL PRO!ISIONS AN" POLICIES

RULE 1) %ENERAL PRO!ISIONS

R*+e 1.1. Subject matter and governing rules"-#he Special Rules of Court

on Alternative Dispute Resolution *the .Special ADR Rules.+ shall appl/ to

and govern the follo)ing cases0

a" Relief on the issue of !1istence, alidit/, or !nforceabilit/ of theArbitration Agreement2

b" Referral to Alternative Dispute Resolution *.ADR.+2

c" 3nterim Measures of Protection2

d" Appointment of Arbitrator2

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e" Challenge to Appointment of Arbitrator2

f" #ermination of Mandate of Arbitrator2

g" Assistance in #a$ing !vidence2

h" Confirmation, Correction or acation of A)ard in Domestic

Arbitration2

i" Recognition and !nforcement or Setting Aside of an A)ard in3nternational Commercial Arbitration2

4" Recognition and !nforcement of a 5oreign Arbitral A)ard2

$" Confidentialit/6Protective Orders2 and

l" Deposit and !nforcement of Mediated Settlement Agreements"

R*+e 1.2. Nature of the proceedings"-All proceedings under the Special

ADR Rules are special proceedings"

R*+e 1.. Summary proceedings in certain cases"-#he proceedings in thefollo)ing instances are summar/ in nature and shall be governed b/ this

provision0

a" udicial Relief 3nvolving the 3ssue of !1istence, alidit/ or

!nforceabilit/ of the Arbitration Agreement2

b" Referral to ADR2

c" 3nterim Measures of Protection2

d" Appointment of Arbitrator2

e" Challenge to Appointment of Arbitrator2

f" #ermination of Mandate of Arbitrator2

g" Assistance in #a$ing !vidence2

h" Confidentialit/6Protective Orders2 and

i" Deposit and !nforcement of Mediated Settlement Agreements"

*A+ Service and filing of petition in summary proceedings"-#he petitioner

shall serve, either b/ personal service or courier, a cop/ of the petitionupon the respondent before the filing thereof" Proof of service shall beattached to the petition filed in court"

5or personal service, proof of service of the petition consists of the

affidavit of the person )ho effected service, stating the time, place andmanner of the service on the respondent" 5or service b/ courier, proof of service consists of the signed courier proof of deliver/" 3f service is refusedor has failed, the affidavit or deliver/ receipt must state the circumstances

of the attempted service and refusal or failure thereof"

*7+ Notice"-!1cept for cases involving Referral to ADR and

Confidentialit/6Protective Orders made through motions, the court shall, if it finds the petition sufficient in form and substance, send notice to theparties directing them to appear at a particular time and date for thehearing thereof )hich shall be set no later than five *8+ da/s from the

lapse of the period for filing the opposition or comment" #he notice to therespondent shall contain a statement allo)ing him to file a comment or

opposition to the petition )ithin fifteen *8+ da/s from receipt of thenotice"

#he motion filed pursuant to the rules on Referral to ADR orConfidentialit/6Protective Orders shall be set for hearing b/ the movant

and contain a notice of hearing that complies )ith the re9uirements underRule 8 of the Rules of Court on motions"

*C+ Summary hearing" - 3n all cases, as far as practicable, the summar/hearing shall be conducted in one *+ da/ and onl/ for purposes of

clarif/ing facts"

!1cept in cases involving Referral to ADR or Confidentialit/6ProtectiveOrders made through motions, it shall be the court that sets the petitionfor hearing )ithin five *8+ da/s from the lapse of the period for filing the

opposition or comment"

*D+ Resolution" - #he court shall resolve the matter )ithin a period of

thirt/ *%&+ da/s from the da/ of the hearing"

R*+e 1.. Verification and submissions" -An/ pleading, motion, opposition,

comment, defense or claim filed under the Special ADR Rules b/ theproper part/ shall be supported b/ verified statements that the affiant has

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read the same and that the factual allegations therein are true and correctof his o)n personal $no)ledge or based on authentic records and shall

contain as anne1es the supporting documents"

#he anne1es to the pleading, motion, opposition, comment, defense orclaim filed b/ the proper part/ ma/ include a legal brief, dul/ verified b/the la)/er submitting it, stating the pertinent facts, the applicable la) and

4urisprudence to 4ustif/ the necessit/ for the court to rule upon the issueraised"

R*+e 1.. Certification Against Forum Shopping" - A Certification Against5orum Shopping is one made under oath made b/ the petitioner or

movant0 *a+ that he has not theretofore commenced an/ action or filedan/ claim involving the same issues in an/ court, tribunal or 9uasi-4udicial

agenc/ and, to the best of his $no)ledge, no such other action or claim ispending therein2 *b+ if there is such other pending action or claim, a

complete statement of the present status thereof2 and *c+ if he shouldthereafter learn that the same or similar action or claim has been filed oris pending, he shall report that fact )ithin five *8+ da/s therefrom to thecourt )herein his aforementioned petition or motion has been filed"

A Certification Against 5orum Shopping shall be appended to all initiator/pleadings e1cept a Motion to Refer the Dispute to Alternative DisputeResolution"

R*+e 1./. Prohibited submissions" - #he follo)ing pleadings, motions, or

petitions shall not be allo)ed in the cases governed b/ the Special ADRRules and shall not be accepted for filing b/ the Cler$ of Court0

a" Motion to dismiss2

b" Motion for bill of particulars2

c" Motion for ne) trial or for reopening of trial2

d" Petition for relief from 4udgment2

e" Motion for e1tension, e1cept in cases )here an e1-partetemporar/ order of protection has been issued2

f" Re4oinder to repl/2

g" Motion to declare a part/ in default2 and

h" An/ other pleading specificall/ disallo)ed under an/ provision of the Special ADR Rules"

#he court shall motu proprio order a pleading6motion that it hasdetermined to be dilator/ in nature be e1punged from the records"

R*+e 1.7. Computation of time" - 3n computing an/ period of timeprescribed or allo)ed b/ the Special ADR Rules, or b/ order of the court,

or b/ an/ applicable statute, the da/ of the act or event from )hich thedesignated period of time begins to run is to be e1cluded and the date of performance included" 3f the last da/ of the period, as thus computed, fallson a Saturda/, a Sunda/, or a legal holida/ in the place )here the court

sits, the time shall not run until the ne1t )or$ing da/"

Should an act be done )hich effectivel/ interrupts the running of the

period, the allo)able period after such interruption shall start to run on theda/ after notice of the cessation of the cause thereof"

#he da/ of the act that caused the interruption shall be e1cluded from thecomputation of the period"

R*+e 1.8. Service and filing of pleadings, motions and other papers innonsummary proceedings" - #he initiator/ pleadings shall be filed directl/

)ith the court" #he court )ill then cause the initiator/ pleading to beserved upon the respondent b/ personal service or courier" :here an

action is alread/ pending, pleadings, motions and other papers shall befiled and6or served b/ the concerned part/ b/ personal service or courier"

:here courier services are not available, resort to registered mail isallo)ed"

*A+ Proof of filing" - #he filing of a pleading shall be proved b/ its e1istencein the record of the case" 3f it is not in the record, but is claimed to have

been filed personall/, the filing shall be proved b/ the )ritten or stampedac$no)ledgment of its filing b/ the cler$ of court on a cop/ of the same2 if filed b/ courier, b/ the proof of deliver/ from the courier compan/"

*7+ Proof of service" - Proof of personal service shall consist of a )ritten

admission b/ the part/ served, or the official return of the server, or theaffidavit of the part/ serving, containing a full statement of the date, place

and manner of service" 3f the service is b/ courier, proof thereof shallconsist of an affidavit of the proper person, stating facts sho)ing that thedocument )as deposited )ith the courier compan/ in a sealed envelope,plainl/ addressed to the part/ at his office, if $no)n, other)ise at his

residence, )ith postage full/ pre-paid, and )ith instructions to the courierto immediatel/ provide proof of deliver/"

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*C+ Filing and service by electronic means and proof thereof " - 5iling andservice of pleadings b/ electronic transmission ma/ be allo)ed b/

agreement of the parties approved b/ the court" 3f the filing or service of apleading or motion )as done b/ electronic transmission, proof of filing and

service shall be made in accordance )ith the Rules on !lectronic !vidence"

R*+e 1.9. No summons" - 3n cases covered b/ the Special ADR Rules, a

court ac9uires authorit/ to act on the petition or motion upon proof of 4urisdictional facts, i"e", that the respondent )as furnished a cop/ of the

petition and the notice of hearing"

*A+ Proof of service" - A proof of service of the petition and notice of

hearing upon respondent shall be made in )riting b/ the server and shallset forth the manner, place and date of service"

*7+ !urden of proof " - #he burden of sho)ing that a cop/ of the petitionand the notice of hearing )ere served on the respondent rests on thepetitioner"

#he technical rules on service of summons do not appl/ to the proceedings

under the Special ADR Rules" 3n instances )here the respondent, )hethera natural or a 4uridical person, )as not personall/ served )ith a cop/ of the petition and notice of hearing in the proceedings contemplated in thefirst paragraph of Rule "% *7+, or the motion in proceedings contemplated

in the second paragraph of Rule "% *7+, the method of service resorted tomust be such as to reasonabl/ ensure receipt thereof b/ the respondent to

satisf/ the re9uirement of due process"

R*+e 1.10. Contents of petition"motion" - #he initiator/ pleading in theform of a verified petition or motion, in the appropriate case )here courtproceedings have alread/ commenced, shall include the names of the

parties, their addresses, the necessar/ allegations supporting the petitionand the relief*s+ sought"

R*+e 1.11. #efinition" - #he follo)ing terms shall have the follo)ingmeanings0

a" .ADR ;a)s. refers to the )hole bod/ of ADR la)s in thePhilippines"

b" .Appointing Authorit/. shall mean the person or institutionnamed in the arbitration agreement as the appointing authorit/2 or

the regular arbitration institution under )hose rule the arbitrationis agreed to be conducted" :here the parties have agreed to

submit their dispute to institutional arbitration rules, and unlessthe/ have agreed to a different procedure, the/ shall be deemed to

have agreed to procedure under such arbitration rules for theselection and appointment of arbitrators" 3n ad hoc arbitration, the

default appointment of arbitrators shall be made b/ the


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R*+e 1.1. Spirit and intent of the Special ADR Rules. > 3n situations)here no specific rule is provided under the Special ADR Rules, the court

shall resolve such matter summaril/ and be guided b/ the spirit and intentof the Special ADR Rules and the ADR ;a)s"

RULE 2) STATEMENT O POLICIES

R*+e 2.1. %eneral policies" - 3t is the polic/ of the State to activel/

promote the use of various modes of ADR and to respect part/ autonom/or the freedom of the parties to ma$e their o)n arrangements in theresolution of disputes )ith the greatest cooperation of and the leastintervention from the courts" #o this end, the ob4ectives of the Special ADR

Rules are to encourage and promote the use of ADR, particularl/arbitration and mediation, as an important means to achieve speed/ and

efficient resolution of disputes, impartial 4ustice, curb a litigious cultureand to de-clog court doc$ets"

#he court shall e1ercise the po)er of 4udicial revie) as provided b/ theseSpecial ADR Rules" Courts shall intervene onl/ in the cases allo)ed b/ la)

or these Special ADR Rules"

R*+e 2.2. Policy on arbitration"- *A+ :here the parties have agreed tosubmit their dispute to arbitration, courts shall refer the parties toarbitration pursuant to Republic Act


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:here the court is as$ed to ma$e a determination of )hether thearbitration agreement is null and void, inoperative or incapable of being

performed, under this polic/ of 4udicial restraint, the court must ma$e nomore than a prima facie determination of that issue"

@nless the court, pursuant to such prima facie determination, concludesthat the arbitration agreement is null and void, inoperative or incapable of

being performed, the court must suspend the action before it and refer theparties to arbitration pursuant to the arbitration agreement"

R*+e 2.. Policy on mediation" - #he Special ADR Rules do not appl/ toCourt-Anne1ed Mediation, )hich shall be governed b/ issuances of the

Supreme Court"

:here the parties have agreed to submit their dispute to mediation, a

court before )hich that dispute )as brought shall suspend the proceedingsand direct the parties to submit their dispute to private mediation" 3f theparties subse9uentl/ agree, ho)ever, the/ ma/ opt to have their disputesettled through Court-Anne1ed Mediation"

R*+e 2./. Policy on Arbitration&ediation or &ediationArbitration" -


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R*+e .7. Comment")pposition"-#he comment6opposition of therespondent must be filed )ithin fifteen *8+ da/s from service of the

petition"

R*+e .8. Court action" - 3n resolving the petition, the court must e1ercise 4udicial restraint in accordance )ith the polic/ set forth in Rule '",deferring to the competence or 4urisdiction of the arbitral tribunal to rule

on its competence or 4urisdiction"

R*+e .9. No forum shopping" - A petition for 4udicial relief under this Rulema/ not be commenced )hen the e1istence, validit/ or enforceabilit/ of anarbitration agreement has been raised as one of the issues in a prior action

before the same or another court"

R*+e .10. Application for interim relief " - 3f the petitioner also applies for

an interim measure of protection, he must also compl/ )ith there9uirements of the Special ADR Rules for the application for an interimmeasure of protection"

R*+e .11. Relief against court action" - :here there is a prima facie

determination upholding the arbitration agreement"-A prima faciedetermination b/ the court upholding the e1istence, validit/ orenforceabilit/ of an arbitration agreement shall not be sub4ect to a motionfor reconsideration, appeal or certiorari"

Such prima facie determination )ill not, ho)ever, pre4udice the right of an/ part/ to raise the issue of the e1istence, validit/ and enforceabilit/ of

the arbitration agreement before the arbitral tribunal or the court in anaction to vacate or set aside the arbitral a)ard" 3n the latter case, thecourt’s revie) of the arbitral tribunal’s ruling upholding the e1istence,validit/ or enforceabilit/ of the arbitration agreement shall no longer be

limited to a mere prima facie determination of such issue or issues asprescribed in this Rule, but shall be a full revie) of such issue or issues

)ith due regard, ho)ever, to the standard for revie) for arbitral a)ardsprescribed in these Special ADR Rules"

B. (*34+ Re+e5 45ter Arbtr4to6 Comme63e

R*+e .12. (ho may file petition" - An/ part/ to arbitration ma/ petition

the appropriate court for 4udicial relief from the ruling of the arbitraltribunal on a preliminar/ 9uestion upholding or declining its 4urisdiction"Should the ruling of the arbitral tribunal declining its 4urisdiction bereversed b/ the court, the parties shall be free to replace the arbitrators or

an/ one of them in accordance )ith the rules that )ere applicable for theappointment of arbitrator sought to be replaced"

R*+e .1. (hen petition may be filed " - #he petition ma/ be filed )ithinthirt/ *%&+ da/s after having received notice of that ruling b/ the arbitral

tribunal"

R*+e .1. Venue" - #he petition ma/ be filed before the Regional #rialCourt of the place )here arbitration is ta$ing place, or )here an/ of thepetitioners or respondents has his principal place of business or residence"

R*+e .1. %rounds" - #he petition ma/ be granted )hen the court findsthat the arbitration agreement is invalid, ine1istent or unenforceable as aresult of )hich the arbitral tribunal has no 4urisdiction to resolve thedispute"

R*+e .1/. Contents of petition" - #he petition shall state the follo)ing0

a" #he facts sho)ing that the person named as petitioner orrespondent has legal capacit/ to sue or be sued2

b" #he nature and substance of the dispute bet)een the parties2

c" #he grounds and the circumstances relied upon b/ thepetitioner2 and

d" #he relief6s sought"

3n addition to the submissions, the petitioner shall attach to the petition acop/ of the re9uest for arbitration and the ruling of the arbitral tribunal"

#he arbitrators shall be impleaded as nominal parties to the case and shall

be notified of the progress of the case"

R*+e .17. Comment")pposition" - #he comment6opposition must be filed)ithin fifteen *8+ da/s from service of the petition"

R*+e .18. Court action" - *A+ Period for resolving the petition"- #he court

shall render 4udgment on the basis of the pleadings f iled and the evidence,if an/, submitted b/ the parties, )ithin thirt/ *%&+ da/s from the time thepetition is submitted for resolution"

*7+ No injunction of arbitration proceedings" - #he court shall not en4oin

the arbitration proceedings during the pendenc/ of the petition"

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udicial recourse to the court shall not prevent the arbitral tribunal fromcontinuing the proceedings and rendering its a)ard"

*C+ (hen dismissal of petition is appropriate" - #he court shall dismiss thepetition if it fails to compl/ )ith Rule %"B above2 or if upon considerationof the grounds alleged and the legal briefs submitted b/ the parties, thepetition does not appear to be prima facie meritorious"

R*+e .19. Relief against court action" - #he aggrieved part/ ma/ file amotion for reconsideration of the order of the court" #he decision of thecourt shall, ho)ever, not be sub4ect to appeal" #he ruling of the courtaffirming the arbitral tribunal’s 4urisdiction shall not be sub4ect to a petition

for certiorari" #he ruling of the court that the arbitral tribunal has no 4urisdiction ma/ be the sub4ect of a petition for certiorari"

R*+e .20. (here no petition is allo'ed " - :here the arbitral tribunaldefers its ruling on preliminar/ 9uestion regarding its 4urisdiction until itsfinal a)ard, the aggrieved part/ cannot see$ 4udicial relief to 9uestion thedeferral and must a)ait the f inal arbitral a)ard before see$ing appropriate

4udicial recourse"

A ruling b/ the arbitral tribunal deferring resolution on the issue of its 4urisdiction until final a)ard, shall not be sub4ect to a motion forreconsideration, appeal or a petition for certiorari"

R*+e .21. Rendition of arbitral a'ard before court decision on petitionfrom arbitral tribunal*s preliminary ruling on jurisdiction" - 3f the arbitral

tribunal renders a final arbitral a)ard and the Court has not rendered adecision on the petition from the arbitral tribunal’s preliminar/ rulingaffirming its 4urisdiction, that petition shall become ipso facto moot andacademic and shall be dismissed b/ the Regional #rial Court" #he dismissal

shall be )ithout pre4udice to the right of the aggrieved part/ to raise thesame issue in a timel/ petition to vacate or set aside the a)ard"

R*+e .22. Arbitral tribunal a nominal party " - #he arbitral tribunal is onl/a nominal part/" #he court shall not re9uire the arbitral tribunal to submit

an/ pleadings or )ritten submissions but ma/ consider the same shouldthe latter participate in the proceedings, but onl/ as nominal parties

thereto"

RULE ) REERRAL TO A"R

R*+e .1. (ho ma+es the reuest " - A part/ to a pending action filed inviolation of the arbitration agreement, )hether contained in an arbitration

clause or in a submission agreement, ma/ re9uest the court to refer theparties to arbitration in accordance )ith such agreement"

R*+e .2. (hen to ma+e reuest " - *A+ (here the arbitration agreement e-ists before the action is filed " - #he re9uest for referral shall be madenot later than the pre-trial conference" After the pre-trial conference, thecourt )ill onl/ act upon the re9uest for referral if it is made )ith the

agreement of all parties to the case"

*7+ Submission agreement " - 3f there is no e1isting arbitration agreementat the time the case is filed but the parties subse9uentl/ enter into anarbitration agreement, the/ ma/ re9uest the court to refer their dispute to

arbitration at an/ time during the proceedings"

R*+e .. Contents of reuest " - #he re9uest for referral shall be in the

form of a motion, )hich shall state that the dispute is covered b/ anarbitration agreement"

Apart from other submissions, the movant shall attach to his motion anauthentic cop/ of the arbitration agreement"

#he re9uest shall contain a notice of hearing addressed to all partiesspecif/ing the date and time )hen it )ould be heard" #he part/ ma$ing

the re9uest shall serve it upon the respondent to give him the opportunit/to file a comment or opposition as provided in the immediatel/ succeeding

Rule before the hearing"

R*+e .. Comment")pposition" - #he comment6opposition must be filed)ithin fifteen *8+ da/s from service of the petition" #hecomment6opposition should sho) that0 *a+ there is no agreement to refer

the dispute to arbitration2 and6or *b+ the agreement is null and void2and6or *c+ the sub4ect-matter of the dispute is not capable of settlement or

resolution b/ arbitration in accordance )ith Section B of the ADR Act"

R*+e .. Court action" - After hearing, the court shall sta/ the action and,

considering the statement of polic/ embodied in Rule '", above, refer theparties to arbitration if it finds prima facie, based on the pleadings and

supporting documents submitted b/ the parties, that there is an arbitrationagreement and that the sub4ect-matter of the dispute is capable of

settlement or resolution b/ arbitration in accordance )ith Section B of theADR Act" Other)ise, the court shall continue )ith the 4udicial proceedings"

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R*+e ./. No reconsideration, appeal or certiorari " - An order referring thedispute to arbitration shall be immediatel/ e1ecutor/ and shall not be

sub4ect to a motion for reconsideration, appeal or petition for certiorari"

An order den/ing the re9uest to refer the dispute to arbitration shall notbe sub4ect to an appeal, but ma/ be the sub4ect of a motion forreconsideration and6or a petition for certiorari"

R*+e .7. &ultiple actions and parties" - #he court shall not decline torefer some or all of the parties to arbitration for an/ of the follo)ingreasons0

a"


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b" #he fact that the arbitral tribunal has not been constituted, or if constituted, is unable to act or )ould be unable to act effectivel/2

c" A detailed description of the appropriate relief sought2

d" #he grounds relied on for the allo)ance of the petition

Apart from other submissions, the petitioner must attach to his petition an

authentic cop/ of the arbitration agreement"

R*+e ./. .ype of interim measure of protection that a court may grant "-#he follo)ing, among others, are the interim measures of protection that a

court ma/ grant0

a" Preliminar/ in4unction directed against a part/ to arbitration2

b" Preliminar/ attachment against propert/ or garnishment of funds in the custod/ of a ban$ or a third person2

c" Appointment of a receiver2

d" Detention, preservation, deliver/ or inspection of propert/2 or,

e" Assistance in the enforcement of an interim measure of protection granted b/ the arbitral tribunal, )hich the latter cannotenforce effectivel/"

R*+e .7. #ispensing 'ith prior notice in certain cases" - Prior notice to

the other part/ ma/ be dispensed )ith )hen the petitioner alleges in thepetition that there is an urgent need to either *a+ preserve propert/, *b+prevent the respondent from disposing of, or concealing, the propert/, or

*c+ prevent the relief pra/ed for from becoming illusor/ because of priornotice, and the court finds that the reason6s given b/ the petitioner aremeritorious"

R*+e .8. Comment")pposition" - #he comment6opposition must be filed)ithin fifteen *8+ da/s from service of the petition" #he opposition orcomment should state the reasons )h/ the interim measure of protectionshould not be granted"

R*+e .9. Court action" - After hearing the petition, the court shall balancethe relative interests of the parties and inconveniences that ma/ becaused, and on that basis resolve the matter )ithin thirt/ *%&+ da/s from

*a+ submission of the opposition, or *b+ upon lapse of the period to file thesame, or *c+ from termination of the hearing that the court ma/ set onl/ if

there is a need for clarification or further argument"

3f the other parties fail to file their opposition on or before the da/ of thehearing, the court shall motu propriorender 4udgment onl/ on the basis of the allegations in the petition that are substantiated b/ supporting

documents and limited to )hat is pra/ed for therein"

3n cases )here, based solel/ on the petition, the court finds that there isan urgent need to either *a+ preserve propert/, *b+ prevent the respondentfrom disposing of, or concealing, the propert/, or *c+ prevent the relief

pra/ed for from becoming illusor/ because of prior notice, it shall issue animmediatel/ e1ecutor/ temporar/ order of protection and re9uire the

petitioner, )ithin five *8+ da/s from receipt of that order, to post a bond toans)er for an/ damage that respondent ma/ suffer as a result of its order"

#he e1-parte temporar/ order of protection shall be valid onl/ for a periodof t)ent/ *'&+ da/s from the service on the part/ re9uired to compl/ )iththe order" :ithin that period, the court shall0

a" 5urnish the respondent a cop/ of the petition and a notice

re9uiring him to comment thereon on or before the da/ thepetition )ill be heard2 and

b"


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parties, or in the absence thereof, )ithin thirt/ *%&+ da/s fromreceipt of such re9uest for appointment2

c" :here the parties agreed that their dispute shall be resolved b/three arbitrators but no method of appointing those arbitrators hasbeen agreed upon, each part/ shall appoint one arbitrator and thet)o arbitrators thus appointed shall appoint a third arbitrator" 3f a

part/ fails to appoint his arbitrator )ithin thirt/ *%&+ da/s of receipt of a re9uest to do so from the other part/, or if the t)o

arbitrators fail to agree on the third arbitrator )ithin a reasonabletime from their appointment, the appointment shall be made b/the Appointing Authorit/" 3f the latter fails or refuses to act orappoint an arbitrator )ithin a reasonable time from receipt of the

re9uest to do so, an/ part/ or the appointed arbitrator6s ma/re9uest the court to appoint an arbitrator or the third arbitrator as

the case ma/ be"

R*+e /.2. (ho may reuest for appointment " - An/ part/ to an arbitrationma/ re9uest the court to act as an Appointing Authorit/ in the instancesspecified in Rule B" above"

Rule B"%" Venue" - #he petition for appointment of arbitrator ma/ be filed,at the option of the petitioner, in the Regional #rial Court *a+ )here theprincipal place of business of an/ of the parties is located, *b+ if an/ of theparties are individuals, )here those individuals reside, or *c+ in the


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RULE 7) C&ALLEN%E TO APPOINTMENT O ARBITRATOR

R*+e 7.1. (ho may challenge" - An/ of the parties to an arbitration ma/

challenge an arbitrator"

R*+e 7.2. (hen challenge may be raised in court " - :hen an arbitrator is

challenged before the arbitral tribunal under the procedure agreed upon b/the parties or under the procedure provided for in Article % *'+ of the

Model ;a) and the challenge is not successful, the aggrieved part/ ma/re9uest the Appointing Authorit/ to rule on the challenge, and it is onl/)hen such Appointing Authorit/ fails or refuses to act on the challenge)ithin such period as ma/ be allo)ed under the applicable rule or in the

absence thereof, )ithin thirt/ *%&+ da/s from receipt of the re9uest, thatthe aggrieved part/ ma/ rene) the challenge in court"

R*+e 7.. Venue" - #he challenge shall be filed )ith the Regional #rialCourt *a+ )here the principal place of business of an/ of the parties islocated, *b+ if an/ of the parties are individuals, )here those individualsreside, or *c+ in the


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R*+e 7.8. No motion for reconsideration, appeal or certiorari " - An/ orderof the court resolving the petition shall be immediatel/ e1ecutor/ and shall

not be the sub4ect of a motion for reconsideration, appeal, or certiorari"

R*+e 7.9. Reimbursement of e-penses and reasonable compensation tochallenged arbitrator " - @nless the bad faith of the challenged arbitrator isestablished )ith reasonable certaint/ b/ concealing or failing to disclose a

ground for his dis9ualification, the challenged arbitrator shall be entitled toreimbursement of all reasonable e1penses he ma/ have incurred in

attending to the arbitration and to a reasonable compensation for his )or$on the arbitration" Such e1penses include, but shall not be limited to,transportation and hotel e1penses, if an/" A reasonable compensation shallbe paid to the challenged arbitrator on the basis of the length of time he

has devoted to the arbitration and ta$ing into consideration his stature andreputation as an arbitrator" #he re9uest for reimbursement of e1penses

and for pa/ment of a reasonable compensation shall be filed in the samecase and in the court )here the petition to replace the challenged

arbitrator )as filed" #he court, in determining the amount of the a)ard tothe challenged arbitrator, shall receive evidence of e1penses to bereimbursed, )hich ma/ consist of air tic$ets, hotel bills and e1penses, andinland transportation" #he court shall direct the challenging part/ to pa/

the amount of the a)ard to the court for the account of the challengedarbitrator, in default of )hich the court ma/ issue a )rit of e1ecution to

enforce the a)ard"

RULE 8) TERMINATION O T&E MAN"ATE O ARBITRATOR

R*+e 8.1. (ho may reuest termination and on 'hat grounds"- An/ of theparties to an arbitration ma/ re9uest for the termination of the mandate of

an arbitrator )here an arbitrator becomes de 4ure or de facto unable toperform his function or for other reasons fails to act )ithout undue dela/and that arbitrator, upon re9uest of an/ part/, fails or refuses to )ithdra)from his office"

R*+e 8.2. (hen to reuest " - 3f an arbitrator refuses to )ithdra) from hisoffice, and subse9uentl/, the Appointing Authorit/ fails or refuses to decideon the termination of the mandate of that arbitrator )ithin such period asma/ be allo)ed under the applicable rule or, in the absence thereof, )ithin

thirt/ *%&+ da/s from the time the re9uest is brought before him, an/part/ ma/ file )ith the court a petition to terminate the mandate of that

arbitrator"

R*+e 8.. Venue" - A petition to terminate the mandate of an arbitratorma/, at that petitioner’s option, be filed )ith the Regional #rial Court *a+)here the principal place of business of an/ of the parties is located, *b+

)here an/ of the parties )ho are individuals resides, or *c+ in the


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R*+e 9.1. (ho may reuest assistance" - An/ part/ to an arbitration,)hether domestic or foreign, ma/ re9uest the court to provide assistance

in ta$ing evidence"

R*+e 9.2. (hen assistance may be sought " - Assistance ma/ be sought atan/ time during the course of the arbitral proceedings )hen the needarises"

R*+e 9.. Venue" - A petition for assistance in ta$ing evidence ma/, at theoption of the petitioner, be filed )ith Regional #rial Court )here *a+arbitration proceedings are ta$ing place, *b+ the )itnesses reside or ma/be found, or *c+ )here the evidence ma/ be found"

R*+e 9.. %round " - #he court ma/ grant or e1ecute the re9uest forassistance in ta$ing evidence )ithin its competence and according to the

rules of evidence"

R*+e 9.. .ype of assistance" - A part/ re9uiring assistance in the ta$ing

of evidence ma/ petition the court to direct an/ person, including arepresentative of a corporation, association, partnership or other entit/

*other than a part/ to the ADR proceedings or its officers+ found in thePhilippines, for an/ of the fol lo)ing0

a" #o compl/ )ith a subpoena ad testificandum and6orsubpoena duces tecum2

b" #o appear as a )itness before an officer for the ta$ing of hisdeposition upon oral e1amination or b/ )ritten interrogatories2

c" #o allo) the ph/sical e1amination of the condition of persons, orthe inspection of things or premises and, )hen appropriate, to

allo) the recording and6or documentation of condition of persons,things or premises *i"e", photographs, video and other means of recording6documentation+2

d" #o allo) the e1amination and cop/ing of documents2 and

e" #o perform an/ similar acts"

R*+e 9./. Contents of the petition" - #he petition must state the follo)ing0

a" #he fact that there is an ongoing arbitration proceeding even if such proceeding could not continue due to some legal

impediments2

b" #he arbitral tribunal ordered the ta$ing of evidence or the part/desires to present evidence to the arbitral tr ibunal2

c" Materialit/ or relevance of the evidence to be ta$en2 and

d" #he names and addresses of the intended )itness6es, place)here the evidence ma/ be found, the place )here the premises

to be inspected are located or the place )here the acts re9uiredare to be done"

R*+e 9.7. Comment")pposition" - #he comment6opposition must be filed)ithin fifteen *8+ da/s from service of the petition"

R*+e 9.8. Court action" - 3f the evidence sought is not privileged, and ismaterial and relevant, the court shall grant the assistance in ta$ing

evidence re9uested and shall order petitioner to pa/ costs attendant to

such assistance"

R*+e 9.9. Relief against court action" - #he order granting assistance inta$ing evidence shall be immediatel/ e1ecutor/ and not sub4ect to

reconsideration or appeal" 3f the court declines to grant assistance inta$ing evidence, the petitioner ma/ file a motion for reconsideration or

appeal"

R*+e 9.10. Perpetuation of testimony before the arbitral tribunal is

constituted " - At an/time before arbitration is commenced or before thearbitral tribunal is constituted, an/ person )ho desires to perpetuate his

testimon/ or that of another person ma/ do so in accordance )ith Rule 'of the Rules of Court"

R*+e 9.11. Conseuence of disobedience" - #he court ma/ impose theappropriate sanction on an/ person )ho disobe/s its order to testif/ )hen

re9uired or perform an/ act re9uired of him"

RULE 10) CONI"ENTIALIT#PROTECTI!E OR"ERS

R*+e 10.1. (ho may reuest confidentiality " - A part/, counsel or )itness)ho disclosed or )ho )as compelled to disclose information relative to the

sub4ect of ADR under circumstances that )ould create a reasonablee1pectation, on behalf of the source, that the information shall be $ept

15


16/36

confidential has the right to prevent such information from being furtherdisclosed )ithout the e1press )ritten consent of the source or the part/

)ho made the disclosure"

R*+e 10.2. (hen reuest made" - A part/ ma/ re9uest a protective orderat an/time there is a need to enforce the confidentialit/ of the informationobtained, or to be obtained, in ADR proceedings"

R*+e 10.. Venue" - A petition for a protective order ma/ be filed )ith theRegional #rial Court )here that order )ould be implemented"

3f there is a pending court proceeding in )hich the information obtained inan ADR proceeding is re9uired to be divulged or is being divulged, the

part/ see$ing to enforce the confidentialit/ of the information ma/ file amotion )ith the court )here the proceedings are pending to en4oin the

confidential information from being divulged or to suppress confidentialinformation"

R*+e 10.. %rounds" - A protective order ma/ be granted onl/ if it issho)n that the applicant )ould be materiall/ pre4udiced b/ an

unauthori=ed disclosure of the information obtained, or to be obtained,

during an ADR proceeding"

R*+e 10.. Contents of the motion or petition" - #he petition or motionmust state the follo)ing0

a" #hat the information sought to be protected )as obtained, or)ould be obtained, during an ADR proceeding2

b" #he applicant )ould be materiall/ pre4udiced b/ the disclosureof that information2

c" #he person or persons )ho are being as$ed to divulge theconfidential information participated in an ADR proceedings2 and

d" #he time, date and place )hen the ADR proceedings too$ place"

Apart from the other submissions, the movant must set the motion forhearing and contain a notice of hearing in accordance )ith Rule 8 of theRules of Court"

R*+e 10./. Notice" -


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d" #he protection of the ADR ;a)s shall continue to appl/ even if amediator is found to have failed to act impartiall/"

e" A mediator ma/ not be called to testif/ to provide informationgathered in mediation" A mediator )ho is )rongfull/ subpoenaedshall be reimbursed the full cost of his attorne/ fees and relatede1penses"

R*+e 10.9. Relief against court action" - #he order en4oining a person orpersons from divulging confidential information shall be immediatel/e1ecutor/ and ma/ not be en4oined )hile the order is being 9uestioned)ith the appellate courts"

3f the court declines to en4oin a person or persons from divulgingconfidential information, the petitioner ma/ file a motion for

reconsideration or appeal"

R*+e 10.10. Conseuence of disobedience" - An/ person )ho disobe/s the

order of the court to cease from divulging confidential information shall beimposed the proper sanction b/ the court"

RULE 11) CONIRMATION, CORRECTION OR !ACATION O A:AR"IN "OMESTIC ARBITRATION

R*+e 11.1. (ho may reuest confirmation, correction or vacation" - An/part/ to a domestic arbitration ma/ petition the court to confirm, correct

or vacate a domestic arbitral a)ard"

R*+e 11.2. (hen to reuest confirmation, correction"modification or

vacation" -

*A+ Confirmation" - At an/ time after the lapse of thirt/ *%&+ da/s from

receipt b/ the petitioner of the arbitral a)ard, he ma/ petition the court toconfirm that a)ard"

*7+ Correction"&odification" -


18/36

e" #he arbitral tribunal e1ceeded its po)ers, or so imperfectl/e1ecuted them, such that a complete, final and definite a)ard

upon the sub4ect matter submitted to them )as not made"

#he a)ard ma/ also be vacated on an/ or all of the follo)ing grounds0

a" #he arbitration agreement did not e1ist, or is invalid for an/ground for the revocation of a contract or is other)ise

unenforceable2 or

b" A part/ to arbitration is a minor or a person 4udiciall/ declared

to be incompetent"

#he petition to vacate an arbitral a)ard on the ground that the part/ to

arbitration is a minor or a person 4udiciall/ declared to be incompetentshall be filed onl/ on behalf of the minor or incompetent and shall allegethat *a+ the other part/ to arbitration had $no)ingl/ entered into asubmission or agreement )ith such minor or incompetent, or *b+ the

submission to arbitration )as made b/ a guardian or guardian ad litem)ho )as not authori=ed to do so b/ a competent court"

3n deciding the petition to vacate the arbitral a)ard, the court shalldisregard an/ other ground than those enumerated above"

*7+ .o correct"modify an arbitral a'ard " - #he Court ma/ correct6modif/ ororder the arbitral tribunal to correct6modif/ the arbitral a)ard in the

follo)ing cases0

a" :here there )as an evident miscalculation of figures or an

evident mista$e in the description of an/ person, thing or propert/referred to in the a)ard2

b" :here the arbitrators have a)arded upon a matter notsubmitted to them, not affecting the merits of the decision upon

the matter submitted2

c" :here the arbitrators have omitted to resolve an issue

submitted to them for resolution2 or

d" :here the a)ard is imperfect in a matter of form not affecting

the merits of the controvers/, and if it had been a commissioner’sreport, the defect could have been amended or disregarded b/ the

Court"

R*+e 11.. Form of petition" - An application to vacate an arbitral a)ardshall be in the form of a petition to vacate or as a petition to vacate in

opposition to a petition to confirm the same a)ard"

An application to correct6modif/ an arbitral a)ard ma/ be included in apetition to confirm an arbitral a)ard or in a petition to vacate in oppositionto confirm the same a)ard"

:hen a petition to confirm an arbitral a)ard is pending before a court, thepart/ see$ing to vacate or correct6modif/ said a)ard ma/ onl/ appl/ forthose reliefs through a petition to vacate or correct6modif/ the a)ard inopposition to the petition to confirm the a)ard provided that such petition

to vacate or correct6modif/ is filed )ithin thirt/ *%&+ da/s from his receiptof the a)ard" A petition to vacate or correct6modif/ an arbitral a)ard filed

in another court or in a separate case before the same court shall bedismissed, upon appropriate motion, as a violation of the rule against

forum-shopping"

:hen a petition to vacate or correct6modif/ an arbitral a)ard is pending

before a court, the part/ see$ing to confirm said a)ard ma/ onl/ appl/ forthat relief through a petition to confirm the same a)ard in opposition to

the petition to vacate or correct6modif/ the a)ard" A petition to confirm orcorrect6modif/ an arbitral a)ard filed as separate proceeding in anothercourt or in a different case before the same court shall be dismissed, uponappropriate motion, as a violation of the rule against forum shopping"

As an alternative to the dismissal of a second petition for confirmation,vacation or correction6modification of an arbitral a)ard filed in violation of

the non-forum shopping rule, the court or courts concerned ma/ allo) theconsolidation of the t)o proceedings in one court and in one case"

:here the petition to confirm the a)ard and petition to vacate orcorrect6modif/ )ere simultaneousl/ filed b/ the parties in the same court

or in different courts in the Philippines, upon motion of either part/, thecourt ma/ order the consolidation of the t)o cases before either court"

3n all instances, the petition must be verified b/ a person )ho has$no)ledge of the 4urisdictional facts"

R*+e 11./. Contents of petition" - #he petition must state the follo)ing0

a" #he addresses of the parties and an/ change thereof2

18


19/36


20/36

An arbitral a)ard shall en4o/ the presumption that it )as made andreleased in due course of arbitration and is sub4ect to confirmation b/ the

court

3n resolving the petition or petition in opposition thereto in accordance)ith these Special ADR Rules, the court shall either confirm or vacate thearbitral a)ard" #he court shall not disturb the arbitral tribunal’s

determination of facts and6or interpretation of la)"

3n a petition to vacate an a)ard or in petition to vacate an a)ard inopposition to a petition to confirm the a)ard, the petitioner ma/simultaneousl/ appl/ )ith the Court to refer the case bac$ to the same

arbitral tribunal for the purpose of ma$ing a ne) or revised a)ard or todirect a ne) hearing, or in the appropriate case, order the ne) hearing

before a ne) arbitral tribunal, the members of )hich shall be chosen in themanner provided in the arbitration agreement or submission, or the la)" 3n

the latter case, an/ provision limiting the time in )hich the arbitral tribunalma/ ma$e a decision shall be deemed applicable to the ne) arbitraltribunal"

3n referring the case bac$ to the arbitral tribunal or to a ne) arbitral

tribunal pursuant to Rule ' of Republic Act


21/36

*iv+" #he composition of the arbitral tribunal or the arbitralprocedure )as not in accordance )ith the agreement of

the parties, unless such agreement )as in conflict )ith aprovision of Philippine la) from )hich the parties cannot

derogate, or, failing such agreement, )as not inaccordance )ith Philippine la)2

b" #he court finds that0

*i+" #he sub4ect-matter of the dispute is not capable of settlement b/ arbitration under the la) of the Philippines2or

*ii+" #he recognition or enforcement of the a)ard )ould becontrar/ to public polic/"

3n deciding the petition, the Court shall disregard an/ other ground to setaside or enforce the arbitral a)ard other than those enumerated above"

#he petition to set-aside or a pleading resisting the enforcement of anarbitral a)ard on the ground that a part/ )as a minor or an incompetentshall be filed onl/ on behalf of the minor or incompetent and shall allegethat *a+ the other part/ to arbitration had $no)ingl/ entered into a

submission or agreement )ith such minor or incompetent, or *b+ thesubmission to arbitration )as made b/ a guardian or guardian ad litem

)ho )as not authori=ed to do so b/ a competent court"

R*+e 12.. 1-clusive recourse against arbitral a'ard " - Recourse to acourt against an arbitral a)ard shall be made onl/ through a petition to setaside the arbitral a)ard and on grounds prescribed b/ the la) that

governs international commercial arbitration" An/ other recourse from thearbitral a)ard, such as b/ appeal or petition for revie) or petition for

certiorari or other)ise, shall be dismissed b/ the court"

R*+e 12./. Form" - #he application to recogni=e and enforce or set aside

an arbitral a)ard, )hether made through a petition to recogni=e andenforce or to set aside or as a petition to set aside the a)ard in opposition

thereto, or through a petition to set aside or petition to recogni=e andenforce in opposition thereto, shall be verified b/ a person )ho has

personal $no)ledge of the facts stated therein"

:hen a petition to recogni=e and enforce an arbitral a)ard is pending, the

application to set it aside, if not /et time-barred, shall be made through apetition to set aside the same a)ard in the same proceedings"

:hen a timel/ petition to set aside an arbitral a)ard is filed, the opposingpart/ ma/ file a petition for recognition and enforcement of the same

a)ard in opposition thereto"

R*+e 12.7. Contents of petition" - *A+ Petition to recogni0e and enforce" -#he petition to recogni=e and enforce or petition to set aside in oppositionthereto, or petition to set aside or petition to recogni=e and enforce in

opposition thereto, shall state the follo)ing0

a" #he addresses of record, or an/ change thereof, of the parties toarbitration2

b" A statement that the arbitration agreement or submission

e1ists2

c" #he names of the arbitrators and proof of their appointment2

d" A statement that an arbitral a)ard )as issued and )hen thepetitioner received it2 and

e" #he relief sought"

Apart from other submissions, the petitioner shall attach to the petition the

follo)ing0

a" An authentic cop/ of the arbitration agreement2

b" An authentic cop/ of the arbitral a)ard2

c" A verification and certification against forum shopping e1ecutedb/ the applicant in accordance )ith Sections and 8 of Rule of

the Rules of Court2 and

d" An authentic cop/ or authentic copies of the appointment of anarbitral tribunal"

*7+ Petition to set aside" - #he petition to set aside or petition to set asidein opposition to a petition to recogni=e and enforce an arbitral a)ard in

international commercial arbitration shall have the same contents as apetition to recogni=e and enforce or petition to recogni=e and enforce in

opposition to a petition to set aside an arbitral a)ard" 3n addition, the saidpetitions should state the grounds relied upon to set it aside"

21


22/36

5urther, if the ground of the petition to set aside is that the petitioner is aminor or found incompetent b/ a court, there shall be attached to the

petition certified copies of documents sho)ing such fact" 3n addition, thepetitioner shall sho) that even if the submission or arbitration agreement

)as entered into b/ a guardian or guardian ad litem, the latter )as notauthori=ed b/ a competent court to sign such the submission or arbitrationagreement"

3n either case, if another court )as previousl/ re9uested to resolve and6or

has resolved, on appeal, the arbitral tribunal’s preliminar/ determination infavor of its o)n 4urisdiction, the petitioner shall apprise the court before)hich the petition to recogni=e and enforce or set aside is pending of thestatus of the appeal or its resolution"

R*+e 12.8. Notice. - @pon finding that the petition filed under this Rule issufficient both in form and in substance, the court shall cause notice and a

cop/ of the petition to be delivered to the respondent directing him to filean opposition thereto )ithin fifteen *8+ da/s from receipt of the petition"3n lieu of an opposition, the respondent ma/ file a petition to set aside inopposition to a petition to recogni=e and enforce, or a petition to recogni=e

and enforce in opposition to a petition to set aside"

#he petitioner ma/ )ithin fifteen *8+ da/s from receipt of the petition toset aside in opposition to a petition to recogni=e and enforce, or fromreceipt of the petition to recogni=e and enforce in opposition to a petition

to set aside, file a repl/"

R*+e 12.9. Submission of documents" - 3f the court finds that the issue

bet)een the parties is mainl/ one of la), the parties ma/ be re9uired tosubmit briefs of legal arguments, not more than fifteen *8+ da/s fromreceipt of the order, sufficientl/ discussing the legal issues and the legalbasis for the relief pra/ed for b/ each of them"

3f the court finds from the petition or petition in opposition thereto thatthere are issues of fact relating to the ground*s+ relied upon for the courtto set aside, it shall re9uire the parties )ithin a period of not more thanfifteen *8+ da/s from receipt of the order simultaneousl/ to submit the

affidavits of all of their )itnesses and repl/ affidavits )ithin ten *&+ da/sfrom receipt of the affidavits to be replied to" #here shall be attached to

the affidavits or repl/ affidavits, all documents relied upon in support of the statements of fact in such affidavits or repl/ affidavits"

R*+e 12.10. /earing" - 3f on the basis of the petition, the opposition, theaffidavits and repl/ affidavits of the parties, the court finds that there is a

need to conduct an oral hearing, the court shall set the case for hearing"

#his case shall have preference over other cases before the court, e1ceptcriminal cases" During the hearing, the affidavits of )itnesses shall ta$e

the place of their direct testimonies and the/ shall immediatel/ be sub4ectto cross-e1amination thereon" #he court shall have full control over the

proceedings in order to ensure that the case is heard )ithout undue dela/"

R*+e 12.11. Suspension of proceedings to set aside " - #he court )hen

as$ed to set aside an arbitral a)ard ma/, )here appropriate and uponre9uest b/ a part/, suspend the proceedings for a period of time

determined b/ it to give the arbitral tribunal an opportunit/ to resume thearbitral proceedings or to ta$e such other action as in the arbitral tribunal’sopinion )ill eliminate the grounds for setting aside" #he court, in referringthe case bac$ to the arbitral tribunal ma/ not direct it to revise its a)ard

in a particular )a/, or to revise its findings of fact or conclusions of la) orother)ise encroach upon the independence of an arbitral tribunal in the

ma$ing of a final a)ard"

#he court )hen as$ed to set aside an arbitral a)ard ma/ also, )hen thepreliminar/ ruling of an arbitral tribunal affirming its 4urisdiction to act onthe matter before it had been appealed b/ the part/ aggrieved b/ such

preliminar/ ruling to the court, suspend the proceedings to set aside to

a)ait the ruling of the court on such pending appeal or, in the alternative,consolidate the proceedings to set aside )ith the earlier appeal"

R*+e 12.12. Presumption in favor of confirmation" - 3t is presumed that an

arbitral a)ard )as made and released in due course and is sub4ect toenforcement b/ the court, unless the adverse part/ is able to establish a

ground for setting aside or not enforcing an arbitral a)ard"

R*+e 12.1. 2udgment of the court " - @nless a ground to set aside anarbitral a)ard under Rule '" above is full/ established, the court shalldismiss the petition" 3f, in the same proceedings, there is a petition to

recogni=e and enforce the arbitral a)ard filed in opposition to the petitionto set aside, the court shall recogni=e and enforce the a)ard"

3n resolving the petition or petition in opposition thereto in accordance)ith the Special ADR Rules, the court shall either set aside or enforce the

arbitral a)ard" #he court shall not disturb the arbitral tribunal’sdetermination of facts and6or interpretation of la)"

R*+e 12.1. Costs" - @nless other)ise agreed upon b/ the parties in)riting, at the time the case is submitted to the court for decision, thepart/ pra/ing for recognition and enforcement or setting aside of anarbitral a)ard shall submit a statement under oath confirming the costs he

has incurred onl/ in the proceedings for such recognition and enforcement

22


23/36

or setting aside" #he costs shall include the attorne/’s fees the part/ haspaid or is committed to pa/ to his counsel of record"

#he prevailing part/ shall be entitled to an a)ard of costs, )hich shallinclude reasonable attorne/’s fees of the prevailing part/ against theunsuccessful part/" #he court shall determine the reasonableness of theclaim for attorne/’s fees"

RULE 1) RECO%NITION AN" ENORCEMENT O A OREI%NARBITRAL A:AR"

R*+e 1.1. (ho may reuest recognition and enforcement " - An/ part/ toa foreign arbitration ma/ petition the court to recogni=e and enforce a

foreign arbitral a)ard"

R*+e 1.2. (hen to petition" - At an/ time after receipt of a foreignarbitral a)ard, an/ part/ to arbitration ma/ petition the proper Regional#rial Court to recogni=e and enforce such a)ard"

R*+e 1.. Venue" - #he petition to recogni=e and enforce a foreignarbitral a)ard shall be filed, at the option of the petitioner, )ith theRegional #rial Court *a+ )here the assets to be attached or levied upon islocated, *b+ )here the act to be en4oined is being performed, *c+ in the

principal place of business in the Philippines of an/ of the parties, *d+ if an/ of the parties is an individual, )here an/ of those individuals resides,

or *e+ in the


24/36

a" #he addresses of the parties to arbitration2

b" 3n the absence of an/ indication in the a)ard, the countr/

)here the arbitral a)ard )as made and )hether such countr/ is asignator/ to the


25/36


26/36

R*+e 17.1. #ismissal of action" - A Regional #rial Court before )hich aconstruction dispute is filed shall, upon becoming a)are that the parties

have entered into an arbitration agreement, motu proprio or upon motionmade not later than the pre-trial, dismiss the case and refer the parties to

arbitration to be conducted b/ the Construction 3ndustr/ ArbitrationCommission *C3AC+, unless all parties to arbitration, assisted b/ theirrespective counsel, submit to the court a )ritten agreement ma$ing thecourt, rather than the C3AC, the bod/ that )ould e1clusivel/ resolve the

dispute"

R*+e 17.2. Form and contents of motion" - #he re9uest for dismissal of the civil action and referral to arbitration shall be through a verified motionthat shall *a+ contain a statement sho)ing that the dispute is a

construction dispute2 and *b+ be accompanied b/ proof of the e1istence of the arbitration agreement"

3f the arbitration agreement or other document evidencing the e1istence of that agreement is alread/ part of the record, those documents need not besubmitted to the court provided that the movant has cited in the motionparticular references to the records )here those documents ma/ be found"

#he motion shall also contain a notice of hearing addressed to all partiesand shall specif/ the date and time )hen the motion )ill be heard, )hichmust not be later than fifteen *8+ da/s after the filing of the motion" #hemovant shall ensure receipt b/ all parties of the motion at least three da/s

before the date of the hearing"

R*+e 17.. )pposition" - @pon receipt of the motion to refer the dispute to

arbitration b/ C3AC, the other part/ ma/ file an opposition to the motionon or before the da/ such motion is to be heard" #he opposition shallclearl/ set forth the reasons )h/ the court should not dismiss the case"

R*+e 17.. /earing" - #he court shall hear the motion onl/ once and for

the purpose of clarif/ing relevant factual and legal issues"

R*+e 17.. Court action" - 3f the other parties fail to file their opposition

on or before the da/ of the hearing, the court shall motu proprio resolvethe motion onl/ on the basis of the facts alleged in the motion"

After hearing, the court shall dismiss the civil action and refer the partiesto arbitration if it finds, based on the pleadings and supporting documentssubmitted b/ the parties, that there is a valid and enforceable arbitrationagreement involving a construction dispute" Other)ise, the court shall

proceed to hear the case"

All doubts shall be resolved in favor of the e1istence of a constructiondispute and the arbitration agreement"

R*+e 17./. Referral immediately e-ecutory " - An order dismissing the caseand referring the dispute to arbitration b/ C3AC shall be immediatel/e1ecutor/"

R*+e 17.7. &ultiple actions and parties" - #he court shall not decline to

dismiss the civil action and ma$e a referral to arbitration b/ C3AC for an/

of the follo)ing reasons0

a"


27/36

RULE 18) %ENERAL PRO!ISIONS

R*+e 18.1. Applicability of rules to other forms of A#R" - #his rule governs

the procedure for matters brought before the court involving the follo)ingforms of ADR0

a" !arl/ neutral evaluation2

b"


28/36

n" Ad4ourning or deferring a ruling on a petition to set aside,recogni=e and6or enforce an international commercial arbitral

a)ard2

o" Recogni=ing and6or enforcing a foreign arbitral a)ard, orrefusing recognition and6or enforcement of the same2 and

p" Eranting or dismissing a petition to enforce a deposited

mediated settlement agreement"


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of la), or of fact and la), as the court cannot substitute its 4udgment forthat of the arbitral tribunal"

R*+e 19.11. Rule on judicial revie' of foreign arbitral a'ard " - #he courtcan den/ recognition and enforcement of a foreign arbitral a)ard onl/upon the grounds provided in Article of the


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R*+e 19.17. 1ffect of failure to comply 'ith reuirements" - #he courtshall dismiss the petition if it fails to compl/ )ith the foregoing

re9uirements regarding the pa/ment of the doc$et and other la)ful fees,the deposit for costs, proof of service of the petition, the contents and the

documents, )hich should accompan/ the petition"

R*+e 19.18. Action on the petition" - #he Court of Appeals ma/ re9uire

the respondent to file a comment on the petition, not a motion to dismiss,)ithin ten *&+ da/s from notice, or dismiss the petition if it finds, upon

consideration of the grounds alleged and the legal briefs submitted b/ theparties, that the petition does not appear to be prima facie meritorious"

R*+e 19.19. Contents of Comment " - #he comment shall be filed )ithinten *&+ da/s from notice in seven *+ legible copies and accompanied b/

clearl/ legible certified true copies of such material portions of the recordreferred to therein together )ith other supporting papers" #he comment

shall *a+ point out insufficiencies or inaccuracies in petitioner’s statementof facts and issues, and *b+ state the reasons )h/ the petition should bedenied or dismissed" A cop/ thereof shall be served on the petitioner, andproof of such service shall be filed )ith the Court of Appeals"

R*+e 19.20. #ue course" - 3f upon the filing of a comment or such otherpleading or documents as ma/ be re9uired or allo)ed b/ the Court of Appeals or upon the e1piration of the period for the filing thereof, and onthe basis of the petition or the records, the Court of Appeals finds prima

facie that the Regional #rial Court has committed an error that )ould)arrant reversal or modification of the 4udgment, final order, or resolution

sought to be revie)ed, it ma/ give due course to the petition2 other)ise, itshall dismiss the same"

R*+e 19.21. .ransmittal of records" - :ithin fifteen *8+ da/s from noticethat the petition has been given due course, the Court of Appeals ma/

re9uire the court or agenc/ concerned to transmit the original or a legiblecertified true cop/ of the entire record of the proceeding under revie)" #he

record to be transmitted ma/ be abridged b/ agreement of all parties tothe proceeding" #he Court of Appeals ma/ re9uire or permit subse9uentcorrection of or addition to the record"

R*+e 19.22. 1ffect of appeal " - #he appeal shall not sta/ the a)ard,

4udgment, final order or resolution sought to be revie)ed unless the Courtof Appeals directs other)ise upon such terms as it ma/ deem 4ust"

R*+e 19.2. Submission for decision" - 3f the petition is given due course,the Court of Appeals ma/ set the case for oral argument or re9uire the

parties to submit memoranda )ithin a period of fifteen *8+ da/s from

notice" #he case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re9uired b/ the Court of Appeals"

#he Court of Appeals shall render 4udgment )ithin si1t/ *B&+ da/s fromthe time the case is submitted for decision"

R*+e 19.2. Subject of appeal restricted in certain instance" - 3f thedecision of the Regional #rial Court refusing to recogni=e and6or enforce,

vacating and6or setting aside an arbitral a)ard is premised on a finding of

fact, the Court of Appeals ma/ in9uire onl/ into such fact to determine thee1istence or non-e1istence of the specific ground under the arbitrationla)s of the Philippines relied upon b/ the Regional #rial Court to refuse to

recogni=e and6or enforce, vacate and6or set aside an a)ard" An/ suchin9uir/ into a 9uestion of fact shall not be resorted to for the purpose of

substituting the court’s 4udgment for that of the arbitral tribunal as regardsthe latter’s ruling on the merits of the controvers/"

R*+e 19.2. Party appealing decision of court confirming arbitral a'ard reuired to post bond " - #he Court of Appeals shall )ithin fifteen *8+ da/s

from receipt of the petition re9uire the part/ appealing from the decisionor a final order of the Regional #rial Court, either confirming or enforcing

an arbitral a)ard, or den/ing a petition to set aside or vacate the arbitrala)ard to post a bond e1ecuted in favor of the prevailing part/ e9ual to theamount of the a)ard"

5ailure of the petitioner to post such bond shall be a ground for the Court

of Appeals to dismiss the petition"

". SPECIAL CI!IL ACTION OR CERTIORARI

R*+e 19.2/. Certiorari to the Court of Appeals" - :hen the Regional #rialCourt, in ma$ing a ruling under the Special ADR Rules, has acted )ithout

or in e1cess of its 4urisdiction, or )ith grave abuse of discretion amounting

to lac$ or e1cess of 4urisdiction, and there is no appeal or an/ plain,speed/, and ade9uate remed/ in the ordinar/ course of la), a part/ ma/file a special civil action for certiorari to annul or set aside a ruling of the

Regional #rial Court"

A special civil action for certiorari ma/ be filed against the follo)ing orders

of the court"

a" olding that the arbitration agreement is ine1istent, invalid or

unenforceable2

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b" Reversing the arbitral tribunal’s preliminar/ determinationupholding its 4urisdiction2

c" Den/ing the re9uest to refer the dispute to arbitration2

d" Eranting or refusing an interim relief2

e" Den/ing a petition for the appointment of an arbitrator2

f" Confirming, vacating or correcting a domestic arbitral a)ard2

g" Suspending the proceedings to set aside an internationalcommercial arbitral a)ard and referring the case bac$ to the

arbitral tribunal2

h" Allo)ing a part/ to enforce an international commercial arbitral

a)ard pending appeal2

i" Ad4ourning or deferring a ruling on )hether to set aside,recogni=e and or enforce an international commercial arbitral

a)ard2

4" Allo)ing a part/ to enforce a foreign arbitral a)ard pendingappeal2 and

$" Den/ing a petition for assistance in ta$ing evidence"

R*+e 19.27. Form" - #he petition shall be accompanied b/ a certified true

cop/ of the 9uestioned 4udgment, order or resolution of the Regional #rialCourt, copies of all pleadings and documents relevant and pertinentthereto, and a s)orn certification of non-forum shopping as provided in

the Rules of Court"

@pon the filing of the petition and unless other)ise prescribed b/ the Courtof Appeals, the petitioner shall pa/ to the cler$ of court of the Court of

Appeals doc$eting fees and other la)ful fees of P%,8&&"&& and deposit thesum of P8&&"&& for costs" !1emption from pa/ment of doc$et and otherla)ful fees and the deposit for costs ma/ be granted b/ the Court of Appeals upon a verified motion setting forth valid grounds therefor" 3f the

Court of Appeals denies the motion, the petitioner shall pa/ the doc$etingand other la)ful fees and deposit for costs )ithin fifteen da/s from the

notice of the denial"

R*+e 19.28. (hen to file petition" - #he petition must be filed )ith theCourt of Appeals )ithin fifteen *8+ da/s from notice of the 4udgment,

order or resolution sought to be annulled or set aside"


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4udgment granting the relief pra/ed for or to )hich the petitioner isentitled, or den/ing the same, )ithin a non-e1tendible period of fifteen

*8+ da/s"

R*+e 19.. Service and enforcement of order or judgment " - A certifiedcop/ of the 4udgment rendered in accordance )ith the last precedingsection shall be served upon the Regional #rial Court concerned in such

manner as the Court of Appeals ma/ direct, and disobedience thereto shallbe punished as contempt"

E. APPEAL B# CERTIORARI TO T&E SUPREME COURT

R*+e 19./. Revie' discretionary " - A revie) b/ the Supreme Court is not

a matter of right, but of sound 4udicial discretion, )hich )ill be grantedonl/ for serious and compelling reasons resulting in grave pre4udice to the

aggrieved part/" #he follo)ing, )hile neither controlling nor full/measuring the courtIs discretion, indicate the serious and compelling, andnecessaril/, restrictive nature of the grounds that )ill )arrant the e1erciseof the Supreme Court’s discretionar/ po)ers, )hen the Court of Appeals0

a" 5ailed to appl/ the applicable standard or test for 4udicial revie)

prescribed in these Special ADR Rules in arriving at its decisionresulting in substantial pre4udice to the aggrieved part/2

b" !rred in upholding a final order or decision despite the lac$ of

4urisdiction of the court that rendered such final order or decision2

c" 5ailed to appl/ an/ provision, principle, polic/ or rule containedin these Special ADR Rules resulting in substantial pre4udice to theaggrieved part/2 and

d" Committed an error so egregious and harmful to a part/ as toamount to an undeniable e1cess of 4urisdiction"

#he mere fact that the petitioner disagrees )ith the Court of Appeals’ determination of 9uestions of fact, of la) or both 9uestions of fact and la),

shall not )arrant the e1ercise of the Supreme Court’s discretionar/ po)er"#he error imputed to the Court of Appeals must be grounded upon an/ of

the above prescribed grounds for revie) or be closel/ analogous thereto"

A mere general allegation that the Court of Appeals has committed serious

and substantial error or that it has acted )ith grave abuse of discretionresulting in substantial pre4udice to the petitioner )ithout indicating )ith

specificit/ the nature of such error or abuse of discretion and the serious

pre4udice suffered b/ the petitioner on account thereof, shall constitutesufficient ground for the Supreme Court to dismiss outright the petition"

R*+e 19.7. Filing of petition 'ith Supreme Court " - A part/ desiring toappeal b/ certiorari from a 4udgment or final order or resolution of theCourt of Appeals issued pursuant to these Special ADR Rules ma/ file )iththe Supreme Court a verified petition for revie) on certiorari" #he petition

shall raise onl/ 9uestions of la), )hich must be distinctl/ set forth"

R*+e 19.8. .ime for filing4 e-tension" - #he petition shall be filed )ithinfifteen *8+ da/s from notice of the 4udgment or final order or resolutionappealed from, or of the denial of the petitionerIs motion for ne) trial or

reconsideration filed in due time after notice of the 4udgment"

On motion dul/ filed and served, )ith full pa/ment of the doc$et and other

la)ful fees and the deposit for costs before the e1piration of thereglementar/ period, the Supreme Court ma/ for 4ustifiable reasons grantan e1tension of thirt/ *%&+ da/s onl/ )ithin )hich to file the petition"

R*+e 19.9. #oc+et and other la'ful fees4 proof of service of petition" -

@nless he has theretofore done so or unless the Supreme Court orders

other)ise, the petitioner shall pa/ doc$et and other la)ful fees to the cler$of court of the Supreme Court of P%,8&&"&& and deposit the amount of P8&&"&& for costs at the time of the filing of the petition" Proof of service

of a cop/ thereof on the lo)er court concerned and on the adverse part/shall be submitted together )ith the petition"

R*+e 19.0. Contents of petition" - #he petition shall be filed in eighteen*?+ copies, )ith the original cop/ intended for the court being indicatedas such b/ the petitioner, and shall *a+ state the full name of the appealingpart/ as the petitioner and the adverse part/ as respondent, )ithout

impleading the lo)er courts or 4udges thereof either as petitioners orrespondents2 *b+ indicate the material dates sho)ing )hen notice of the

4udgment or final order or resolution sub4ect thereof )as received, )hen amotion for ne) trial or reconsideration, if an/, )as filed and )hen notice of the denial thereof )as received2 *c+ set forth concisel/ a statement of thematters involved, and the reasons or arguments relied on for the

allo)ance of the petition2 *d+ be accompanied b/ a clearl/ legible duplicateoriginal, or a certified true cop/ of the 4udgment or final order or resolution

certified b/ the cler$ of court of the court a 9uo and the re9uisite numberof plain copies thereof, and such material portions of the record as )ouldsupport the petition2 and *e+ contain a s)orn certification against forum

shopping"

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R*+e 19.1. #ismissal or denial of petition" - #he failure of the petitionerto compl/ )ith an/ of the foregoing re9uirements regarding the pa/ment

of the doc$et and other la)ful fees, deposit for costs, proof of service of the petition, and the contents of and the documents )hich should

accompan/ the petition shall be sufficient ground for the dismissal thereof"

#he Supreme Court ma/ on its o)n initiative den/ the petition on the

ground that the appeal is )ithout merit, or is prosecuted manifestl/ fordela/, or that the 9uestions raised therein are too insubstantial to re9uire

consideration"

R*+e 19.2. #ue course2 elevation of records" - 3f the petition is given due

course, the Supreme Court ma/ re9uire the elevation of the completerecord of the case or specified parts thereof )ithin fifteen *8+ da/s from

notice"

PART !IIINAL PRO!ISIONS

RULE 20) ILIN% AN" "EPOSIT EES

R*+e 20.1. Filing fee in petitions or counterpetitions to confirm or enforce, vacate or set aside arbitral a'ard or for the enforcement of a

mediated settlement agreement " - #he filing fee for filing a petition toconfirm or enforce, vacate or set aside an arbitral a)ard in a domestic

arbitration or in an international commercial arbitration, or enforce amediated settlement agreement shall be as follo)s0

PhP &,&&&"&& - if the a)ard does not e1ceed PhP ,&&&,&&&"&&

PhP '&,&&&"&& - if the a)ard does not e1ceed PhP '&,&&&,&&&"&&

PhP %&,&&&"&& - if the a)ard does not e1ceed PhP 8&,&&&,&&&"&&

PhP &,&&&"&& - if the a)ard does not e1ceed PhP &&,&&&,&&&"&&

PhP 8&,&&&"&& - if the a)ard e1ceeds PhP &&,&&&,&&&"&&

T;e m6m4+ 5+6< 5ee p4=4b+e 6 >4++ ot;er 43to6 6ot 6?o+?6<

propert=> ;4++ be p4 b= t;e petto6er ee@6< to e65or3e 5ore


34/36

#he prevailing part/ shall be entitled to an a)ard of costs )hich shallinclude the reasonable attorne/’s fees of the prevailing part/ against the

unsuccessful part/" #he court shall determine the reasonableness of theclaim for attorne/’s fees"

R*+e 21.. Costs" - At the time the case is submitted to the court fordecision, the part/ pra/ing for confirmation or vacation of an arbitral

a)ard shall submit a statement under oath confirming the costs he hasincurred onl/ in the proceedings for confirmation or vacation of an arbitral

a)ard" #he costs shall include the attorne/’s fees the part/ has paid or iscommitted to pa/ to his counsel of record"

#he prevailing part/ shall be entitled to an a)ard of costs )ith respect tothe proceedings before the court, )hich shall include the reasonable

attorne/’s fees of the prevailing part/ against the unsuccessful part/" #hecourt shall determine the reasonableness of the claim for attorne/’s fees"

R*+e 21.. !ill of Costs" - @nless other)ise agreed upon b/ the parties in)riting, at the time the case is submitted to the court for decision, the

part/ pra/ing for recognition and enforcement or for setting aside anarbitral a)ard shall submit a statement under oath confirming the costs he

has incurred onl/ in the proceedings for such recognition and enforcementor setting-aside" #he costs shall include attorne/’s fees the part/ has paidor is committed to pa/ to his counsel of record"

#he prevailing part/ shall be entitled to an a)ard of costs, )hich shall

include reasonable attorne/’s fees of the prevailing part/ against theunsuccessful part/" #he court shall determine the reasonableness of the

claim for attorne/’s fees"

R*+e 21./. %overnment*s e-emption from payment of fees" - #he Republic

of the Philippines, its agencies and instrumentalities are e1empt frompa/ing legal fees provided in these Special ADR Rules" ;ocal governments

and government controlled corporation )ith or )ith or )ithoutindependent charters are not e1empt from pa/ing such fees"

RULE 22) APPLICABILIT# O T&E RULES O COURT

R*+e 22.1. Applicability of Rules of Court " - #he provisions of the Rules of

Court that are applicable to the proceedings enumerated in Rule " of these Special ADR Rules have either been included and incorporated inthese Special ADR Rules or specificall/ referred to herein"

3n connection )ith the above proceedings, the Rules of !vidence shall beliberall/ construed to achieve the ob4ectives of the Special ADR Rules"

RULE 2) SEPARABILIT#

R*+e 2.1. Separability Clause" - 3f, for an/ reason, an/ part of the

Special ADR Rules shall be held unconstitutional or invalid, other Rules orprovisions hereof )hich are not affected thereb/, shall continue to be in

full force and effect"

RULE 2) TRANSITOR# PRO!ISIONS

R*+e 2.1. .ransitory Provision" - Considering its procedural character, theSpecial ADR Rules shall be applicable to all pending arbitration, mediation

or other ADR forms covered b/ the ADR Act, unless the parties agreeother)ise" #he Special ADR Rules, ho)ever, ma/ not pre4udice or impairvested rights in accordance )ith la)"

RULE 2) ONLINE "ISPUTE RESOLUTION

R*+e 2.1. Applicability of the Special A#R Rules to )nline #ispute

Resolution" - :henever applicable and appropriate, the Special ADR Rulesshall govern the procedure for matters brought before the court involving

Online Dispute Resolution"

R*+e 2.2. Scope of )nline #ispute Resolution" - Online Dispute

Resolution shall refer to all electronic forms of ADR including the use of theinternet and other )eb or computed based technologies for facilitating

ADR"

RULE 2/) EECTI!IT#

R*+e 2/.1. 1ffectivity " - #he Special ADR Rules shall ta$e effect fifteen*8+ da/s after its complete publication in t)o *'+ ne)spapers of general

circulation"

RULE A) %UI"ELINES OR T&E RESOLUTION O ISSUES RELATE"

TO ARBITRATION O LOANS SECURE" B# COLLATERAL

R*+e A.1. Applicability of an arbitration agreement in a contract of loanapplies to the accessory contract securing the loan" - An arbitration

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agreement in a contract of loan e1tends to and covers the accessor/contract securing the loan such as a pledge or a mortgage e1ecuted b/ the

borro)er in favor of the lender under that contract of loan"

R*+e A.2. Foreclosure of pledge or e-trajudicial foreclosure of mortgagenot precluded by arbitration" - #he commencement of the arbitralproceeding under the contract of loan containing an arbitration agreement

shall not preclude the lender from availing himself of the right to obtainsatisfaction of the loan under the accessor/ contract b/ foreclosure of the

thing pledged or b/ e1tra-4udicial foreclosure of the collateral under thereal estate mortgage in accordance )ith Act


36/36

3n this multi-part/ arbitration among the lender, the borro)er and thethird part/ securing the loan, the parties ma/ agree to submit to

arbitration before a sole arbitrator or a panel of three arbitrators to beappointed either b/ an Appointing Authorit/ designated b/ the parties in

the arbitration agreement or b/ a default Appointing Authorit/ under thela)"

3n default of an agreement on the manner of appointing arbitrators or of constituting the arbitral tribunal in such multi-part/ arbitration, the dispute

shall be resolved b/ a panel of three arbitrators to be designated b/ theAppointing Authorit/ under the la)" 7ut even in default of an agreement

on the manner of appointing an arbitrator or constituting an arbitraltribunal in a multi-part/ arbitration, if the borro)er and the third part/

securing the loan agree to designate a common arbitrator, arbitration shallbe decided b/ a panel of three arbitrators0 one to be designated b/ the

lender2 the other to be designated 4ointl/ b/ the borro)er and the providerof securit/ )ho have agreed to designate the same arbitrator2 and a thirdarbitrator )ho shall serve as the chairperson of the arbitral panel to bedesignated b/ the t)o part/-designated arbitrators"

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Documents

A.M. No. 07-11-08-SC Special Rules of Court