Statements of claim and defense Article 23 (Model Law) Claimant
must state:1. Facts supporting his claim2. Issues3. Relief or
remedy sought Respondent must state:- Defenses--- Unlike in Rule 8
of ROC where every pleading shall contain in a methodical and
logical form, a plain, concise and direct statement of the ultimate
facts on which the party leading relies, omitting the statement of
mere evidence--- Model Law 23 applies if Article 21is not
complied.--- amendments are allowed if the causes or causes of
action are not sufficiently states, the claimant may file a
separate statement of claim. The parties may submit with their
statements all documents they consider to be relevant or may add a
reference to the documents or other evidence they will submit
--- They define the arbitrable issues and serve to limit the
jurisdiction of the arbitrator or arbitral tribunal to decide only
upon those issues.
Unless otherwise agreed by the parties, either party may amend
or supplement hid claim or defense during the arbitral proceedings,
except: 1. During the pre-hearing, the parties have agreed to
disallow any amendment or allow it on narrow grounds 2. Arbitral
tribunal deems it inappropriate
Hearings and Written Proceedings The arbitral tribunal shall
decide whether to hold oral hearings for the presentation of
evidence, or whether the proceedings shall be conducted on the
basis of documents and other materials Parties shall be given
sufficient advance notices Documents given by one party to the
arbitral tribunal shall be communicated to the other party ---
Rules of evidence are often applied although they are liberally
construed--- American courts in arbitration are not bound to hear
all the evidence and arguments, but he must give each party an
adequate opportunity to be heard. But in RA 876, arbitrators are to
receive in evidence any documents which the parties may wish to
submit.Default of a PartySituation Effect
1. Claimant fails to communicate his claims in accordance with
Article 23 (1) of the Model Law -Arbitral tribunal shall terminate
the proceedings
2. Respondent fails to communicate his defense in accordance
with Article 23 (1) of the Model Law Arbitral Tribunal shall
continue with the proceedings Not equal to admission of the
claimants allegations
3. Any party fails to appear at a hearing or to produce
documentary evidence Arbitral Tribunal shall continue with the
proceedings Award shall be based on the evidence before it
---- Arbitration proceedings begin with the filing of pleadings
of the parties ---- Failure of a party to appear is a waiver of
right to produce evidence.---- The rule in arbitration, as compared
with litigation is more stringentExpert appointed by arbitral
tribunal Appointment of one or more experts to report to it on
specific issues Require a party to give the expert relevant
information or to produce, or to provide access to, any relevant
documents, goods or other property for his inspection Expert may
participate in a hearing Court Assistance in Taking Evidence The
arbitral tribunal or a party with the approval of the arbitral
tribunal may request from a competent court of this State
assistance in taking evidence. The court may execute the request
within its competence and according to its rules on taking
evidence. The Arbitral Tribunal shall have the power to require any
person to attend a hearing as a witness by means of a subpoena. ---
may be directed either to the parties or a third party for
compliance. --- During pre hearing, generally, parties agree to
produce before hearing date all evidence both testimonial and
documentary. In this case, they will be in the form of sworn
witnesses statements or affidavits. When a court may be asked to
issue a subpoena or subpoena duces tecum:1. The witness has no
contractual relationship with a party as an officer, employee,
agent, adviser consultant, or is not under the control of a party2.
The documents to be produced and the site to be inspected are not
in the possession, custody or control of a party3. A subpoena or a
subpoena duces tecum previously issued by the arbitral tribunal has
not been complied with or has not produced the desired result.
Approval by the arbitral tribunal may be indispensably required.-
Reason: Arbitral proceedings may be suspended pending the request
to the court or compliance with the subpoena The petition may be
filed with the Regional Trial Court:1. Where the arbitration
proceedings are taking place2. Where the witnesses reside or may be
found3. Where the evidence may be found---- Failure to comply with
subpoena would be contempt of court--- Assistance may be asked
anytime the need arises during the arbitral proceedings
