Evangelista, Ma. Clara Ginete ADR

2013-400004 Judge Selma Alaras

A Process: UNICTRAL Model Law

1. Request and Answer

Written Communications:

Article 3 sets out the conditions under which a written communication is considered to

have been received by the addressee. The requirements for delivering documents and

communicating notices are provided for in the Model Law under a number of articles;

Requests are sent to the habitual place of residence, mailing address and/or

corporation’s registered office address.

Waiver:

Upon acquiescence of the proceedings and delayed objection of such, parties are

deemed to have waived its right to undergo with the arbitration process.

Court Intervention:

Interventions by courts in arbitration are limited only to specific matters raised by the

Claimant/s.

Establishment of Arbitration Agreement:

There must the existence of a binding commitment by the parties to refer to arbitration

as one of an essential requirement for parties to undergo the Arbitration Process;

This must be in writing.

2. Setting the Procedure in Motion

Submission of a Request of Arbitration:

Substantive and Procedural Matters;

Appointment of Arbitral Tribunal;

Note: Parties are free to determine the number of arbitrators; default number is three

(3).

Courts to be compelled to submit the parties for an Arbitration Process, the Constitution

of Arbitral Tribunal, and the place of arbitration;

Note: The parties’ disagreement as to the location of the place of arbitration does not

render their arbitration agreement inoperative. (Abitibi-Price Sales Corp. v. C.V.

Scheepv.Ondernemineg “Sambeek”)

As soon as practicable, the Court fixes the advance on cost for the entire procedure.

3. Terms of Reference

Arbitral Tribunal:

The Arbitral Tribunal draws up its Terms of Reference;

It establishes a provisional timetable for the arbitration and communicates it to the

court.

Court:

The Terms of Reference are signed by the parties and the Arbitral Tribunal. If one parties

refuses to sign the Terms of Reference or to participate in drawing them up, they are

submitted to the Court for approval.

4. Arbitral Proceedings

Arbitral Tribunal:

The arbitral proceedings were considered to have commenced upon receipt of such

letter by the respondent;

The parties are free to agree on the language or languages to be used in the arbitral

proceedings (Article 22);

Establishment of Facts of the Case:

Documentary Evidence and Disclosure of Documents

Witness Presentation and Cross-Examination

Expert Witnesses

Hearings, Declaration of Proceedings closed, and Preparation of draft Award.

5. Scrutiny and Award

Court:

The Court scrutinizes the draft Award. Once approved, the Award is transmitted to the

parties.

References:

http://www.uncitral.org/pdf/english/clout/MAL-digest-2012-e.pdf