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Mission and Vision Statement

The Philippine Institute of Arbitrators (PIArb) is the voice for private dispute resolution in the Philippines.

 

PIArb envisions the use of arbitration and other modes of dispute resolution other than resolution by a court as the primary means of resolving conflict in the Philippines. 

 

Towards this vision, PIArb will:


1.  Be the private sector’s leading advocate of private dispute resolution;

2.  Be the benchmark provider of awareness, education, and certification programs on private dispute resolution;

3.  Facilitate research in support of its role as advocate and educator; and

4.  Serve as the primary private sector forum on private dispute resolution policy and practice.

PIArb and CIArb in the Philippines

The Philippine Institute of Arbitrators (PIArb) is the voice for private dispute resolution in the Philippines.


While both PIArb and CIArb are independent of each other, both complement each other in the Philippines in view of their similar visions and objectives. 

From CIArb’s perspective, it is in a position to provide PIArb with: 

• Guidance and support through the provision of international faculty as well as mentoring and certifying of local faculty; 
• Developed content, in the form of tried and tested course material that is continually updated; and 
• An international network of conferences and events throughout the year and a vibrant and active international stakeholder community. 

On PIArb’s part, it facilitates CIArb’s reach in the Philippines by providing CIArb with: 

• A local legal presence with an established juridical personality; 
• A local champion of the CIArb vision; and 
• A facility for the full entry of the Philippines into the international private dispute resolution community in general, and more Filipino members in CIArb in particular. 
11/17/2017 8:30:28 AM
The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, in cooperation with Quisumbing Torres, cordially invite candidates to the CIArb Introduction to Mediation Course on December 6, 2017 at Quisumbing Torres, 17th Floor, Net One Center, 26th Street corner 3rd Avenue, Bonifacio Global City, Taguig City.
11/15/2017 1:43:36 AM
The Philippine Institute of Arbitrators (PIArb), Young PIArb and Chartered Institute of Arbitrators East Asia branch (CIArb-EAB) Philippine Chapter invite members and guests to their joint Year-End Christmas Celebration on November 23, 2017, at 11:30-2:00 o'clock in the afternoon, at Sycip Salazar Hernandez and Gatmaitan Law Offices, 17th Floor, Sycip Law Center, 105 Paseo de Roxas, Makati City. There will be exciting games and prizes. Lunch will be served.
10/31/2017 10:04:51 PM
The Philippine Institute of Arbitrators, in partnership with SyCip Salazar Hernandez & Gatmaitan, recently launched the first Justice Florentino P. Feliciano Arbitration Writing Competition.
10/24/2017 11:11:07 PM
The Philippine institute of Arbitrators (PIArb) will celebrate its 10th year anniversary on Thursday, October 26, 2017, at the Zobel Dining Room, Makati Sports Plaza, Makati City.
9/19/2017 5:52:19 AM
The Regional Arbitral Institutes Forum (RAIF) will be held on October 14, 2017 at Grand Hyatt, Hong Kong. This year’s conference is hosted by The Hong Kong institute of Arbitrators.
1/27/2015 9:05:34 AM
IBA Guidelines on Conflicts of Interest in International Arbitration 2014
2/12/2014 6:44:26 AM
Asian Construction and Development Corporation v. Sumitomo Corporation
2/12/2014 6:34:45 AM
IBA Guidelines on Party Representation
10/1/2013 5:55:32 AM
Even the party who has repudiated the main contract is not prevented from enforcing its arbitration clause.
10/1/2013 5:28:47 AM
International Arbitration Rules
Email: eaguila@piarb.com
Email: glazaro@piarb.com
Email: imalilong@piarb.com
Email: mkalaw@piarb.com
MCiarb, MPIarb
Email: mvalderama@piarb.com

The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, in cooperation with Quisumbing Torres, cordially invite candidates to the CIArb Introduction to Mediation Course on December 6, 2017 at Quisumbing Torres, 17th Floor, Net One Center, 26th Street corner 3rd Avenue, Bonifacio Global City, Taguig City.    


PIArb Celebrates its 10th Anniversary

The Philippine Institute of Arbitrators (PIArb) celebrated its 10th Anniversary in formal Cocktails held on October 26, 2017, at the Zobel Dining Room, Makati Sports Club, Makati City. Hon. Marvic Mario Victor F. Leonen, Associate Justice of the Supreme Court of the Philippines was the guest of honor and keynote speaker. Among others, he emphasized the need to promote private modes of dispute resolution as an effective means to de-clog court dockets, attain swift justice and eliminate corruption in the judiciary.

The special event was well-attended by arbitrators, arbitration practitioners and counsels, both in the public and private sectors. Integrated Bar of the Philippines (IBP) President Abdiel Fajardo and the IBP Board of Governors also graced the occasion. PIArb’s founding members, namely Atty. Eduardo Ceniza, Prof. Mario E. Valderrama and Atty. Teodoro Y. Kalaw IV were presented with Awards of Recognition for their vision and exemplary contribution in promoting private modes of dispute resolution in the country. The law firms of Sycip Salazar Hernandez and Gatmaitan, and Quisumbing Torres were given the same award for their continuous and substantial support as venue sponsors for PIArb Activities through the years. Thereafter, new Members of PIArb took their oath as such before current PIArb President Ricardo Ma. P. G. Ongkiko. Among the new members was Justice Marvic Mario Victor R. Leonen himself, who was sworn in as an honorary Fellow of PIArb. After the oath-taking, Pres. Ricardo Ma. P. G. Ongkiko delivered his President’s Report of PIArb’s past achievements and future plans.

   

   

   

  

September 28, 2017 monthly fellowship - Interim Measures in International Arbitration

The joint monthly fellowship meeting of the Philippine Institute of Arbitrators (PIArb) and the Chartered Institute of Arbitrators (CIArb) East Asia Branch (Philippine Chapter) held on September 28, 2017 was hosted by Sycip Salazar Hernandez and Gatmaitan Law Offices.

The fellowship started with a lunch followed by a talk from the guest speaker, Mr. Matthew Hodgson. Mr. Hodgson is a Partner at Allen &Overy, and who specializes in International Commercial Arbitration and Investment Treaty Arbitration.

Mr. Hodgson talked about the interim measures in international arbitration, particularly about the interim relief from courts vis a vis the interim relief from arbitral tribunals, the Emergency Arbitrator, the applicable test for the interim reliefs, and their enforcement.

After his talk, Mr. Hodgson entertained questions from the attendees.

 

A Practical Approach to Enforcing an International Arbitral Award

The Philippine institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, held their joint monthly fellowship on August 24, 2017 at Sycip Salazar Hernandez and Gatmaitan Law Offices.

Mr. Arvin W. Lee, an experienced international arbitration counsel and arbitrator was the guest speaker. He led an interesting discussion of a scenario involving international commercial arbitration issues between a Philippine-listed fast food company and a small fast food company registered in China that operates in Hong Kong and parts of the Middle East. The participants discussed the different steps in running an arbitration proceeding with a view to ultimate international enforcement of the arbitral award.


Amendment of PIArb Articles and By-Laws and Election of PIArb Board of Trustees 2018 -2019

The Philippine Institute of Arbitrators (PIArb) held a general membership meeting immediately after the July 27, 2017 fellowship at Sycip Salazar Hernandez and Gatmaitan. During the said meeting, PIArb President Ricardo Ongkiko presented his report on the achievements and ongoing projects and plans of PIArb. Each of the trustees also presented their respective statement of accomplishments and future plans for the Institute.

The following were also elected as the new board of trustees to serve during the term 2018 to 2019: Chairman- Ricardo P.G. Ongkiko, President- Donemark Calimon, Senior Vice President for Programs- Zenaida Acorda, Senior Vice President for Advocacies- Jesusito Morallos, Senior Vice President for Member Development- Julius Anthony R. Omila, and Senior Vice President for Professional Advancement- Jared Amoroso. The new board will begin their term on January 1, 2018. The past presidents of PIArb constitute the Institute Senate.

The proposed amendments to PIArb Articles and By-laws were also approved during the said meeting. Among the significant amendments are the change of status of PIArb into a Non-governmental organization (NGO), and increase of the number of trustees from five (5) to seven (7).


Challenges Against Arbitrators: The HKIAC Way

On July 27, 2017 the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) held its joint fellowship meeting at Sycip Salazar Hernandez and Gatmaitan. Atty. Jay Santiago, concurrently the most senior counsel at the Hong Kong International Arbitration Centre (HKIAC), PIArb Vice President for International Initiatives and Co-Chair of the Young PIArb Members Group, was the main speaker. He discussed about the various grounds for challenge to arbitrators, the challenge procedure, costs and determination thereof by the HKIAC. His presentation was based mainly on an article he wrote for the Asian Dispute Review Journal, April 2017 issue.

 

Justice Arturo Brion inducted as Fellow of PIArb

On May 25, 2017, the Philippine Institute of Arbitrators (PIArb) and the Chartered institute of Arbitrators (CIArb) held its joint fellowship at Quisumbing Torres. The fellowship began with cocktails at 5:30 o’clock in the afternoon, after which a presentation by the guest speaker, Justice Arturo D. Brion (Ret.) immediately followed. He discussed the basic principles of arbitration vis-à-vis judicial restraint and party autonomy as explained by the Supreme Court in its decision in the Fruehauf Electronics Philippines Corporation case.

During the open forum, he emphasized the need for the judiciary to be more acquainted with arbitration as a dispute resolution mechanism. He also cited ways on how PIArb can extend its help in this endeavour.

Thereafter, by direct election of the Board of Trustees, Justice Brion was inducted as a member of PIArb with a grade of “Fellow”, by PIArb President Ricardo P.G. Ongkiko.

 

CIARB Accelerated Route to Membership Course in Manila

The Philippine Chapter of the Chartered Institute of Arbitrators East Asia Branch (CIArb-EAB) and the Philippine Institute of Arbitrators (PIArb) jointly held the CIArb Accelerated Route to Membership Course on March 17-18, 2017 at Quisumbing Torres in Taguig City. The two-day course included assessment workshops on day one and a written examination on day two. A total of 26 candidates participated and were assessed by experienced arbitration practitioner tutors, namely, Louisse Barrington, Mary Thomson, Anthony Houghton and Mario Valderrama.

The course was aimed to provide a fast track route to CIArb Membership through the arbitration pathway. Candidates were assessed regarding their knowledge of arbitration. Those who successfully complete the course obtain the CIArb Membership designation (MCIarb).

MARCH 2017 Fellowship and Symposium on Emerging Issues in Arbitration

On March 23, 2017, the Philippine Institute of Arbitrators (PIArb) and the Chartered institute of Arbitrators (CIArb) held its joint fellowship at Quisumbing Torres, with Mr. Iain Potter, a forensic accountant, as its guest speaker. In his talk, entitled “Financial Quantum Experts- Is there Science behind the numbers?”, Mr. Potter discussed some insights into steps taken to ensure the independence and objectivity of expert witnesses in arbitration proceedings. The audience participated actively during the open forum.

Thereafter, a Symposium was conducted on the following emerging issues in arbitration: Emergency Arbitrator, Interim Measures, Multi-tiered Arbitration Clauses, Joinder/Consolidation, and Special Jurisdictional Issues in Philippine Construction contracts. The Symposium was participated in by Atty. Ricky Ongkiko (PIArb President), Atty. Shirley Alinea (PDRCI and AFIA), and foreign arbitration practitioners namely, Mr. Jonathan Lim, Ms. Katie Chung and Mr. Kartikey Mahajan as panellists. Atty. Michael Macapagal of Quisumbing Torres served as their moderator.

Both fellowship and symposium gave the attendees an update on recent trends, issues, and best practices in commercial arbitration.

    

IBP Mock Arbitration, March 24, 2017, Marriott Hotel

On March 24, 2017, officers and members of the Philippine Institute of Arbitrators (PIArb), Philippine Dispute Resolution Inc. (PDRCI) and Asia-Pacific Forum on International Arbitration were cast together in a Mock Arbitration during the recent Integrated Bar of the Philippines (IBP) 16th National Convention held at Marriott Hotel, Pasay City. It featured a fictional case involving a dispute between Ocular Virtual Reality Inc. a domestic corporation, and Tokyo Gaming Company (TOGAMI), a Japanese firm engaged in the business of developing and publishing video games.

The Mock Arbitration was aimed at orienting the Convention delegates of the arbitration proceedings before the Construction Industry Arbitration Commission (CIAC), PDRCI Emergency Arbitrator, PDRCI Arbitral Tribunal and the Regional Trial Court as an enforcement court, in line with its overall theme: “Global and Regional Integration of Legal Services”.


2016 RAIF FORUM IN SYDNEY

The 10th Regional Arbitral Institutes Forum (RAIF) Congress was held on 25 November 2016 in Sydney, Australia.  It was attended by representatives of major arbitral institutes from seven different countries - including the Philippine Institute of Arbitrators (PIARB), distinguished arbitration practitioners, scholars and judges.

The Congress featured country reports where speakers from attending arbitral institutes presented updates on the growth and promotion of the arbitration practice in their respective countries. For the Philippines, PIARB's President, Atty. Ricardo Ongkiko, spoke on initiatives to revise our arbitration laws in view of developments in international arbitration. He also shared PIARB's valuable participation in the Integrated Bar of the Philippine's efforts to promote awareness and use of arbitration in the country. Interestingly, the country reports showed a common theme of the importance of educating legal professionals and end users about the arbitration practice.

Aside from country reports, panel discussions were held throughout the day. Topics included innovation in arbitration, arbitrating corporate disputes, arbitration's untapped potential in family law, and controlling costs in arbitration. Overall, the interesting topics and remarkable panelists created an engaging and educational atmosphere for all the participants.

The 11th RAIF Forum will be held in Hong Kong, tentatively on October 2017.

   

18 HELPFUL NEGOTIATION TIPS

Atty. Zenaida Ongkiko-Acorda, PIArb’s Senior Vice-President for Programs, was the main speaker during the joint fellowship of the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) held on October 27, 2016 at Sycip Salazar Hernandez and Gatmaitan Law Offices.

She gave the following tips on Negotiation:

1. Prepare for negotiation. Know the facts.
2. Develop your BATNA (Best Alternative to a Negotiated Agreement).
3. Conduct pre-negotiation caucuses with the decision-makers.
4. Reframe the issue.
5. Express apology.
6. Don’t reveal your reservation point. Avoid stating ranges.
7. Don’t react: Go to the balcony.
8. Appeal to self-interest. Highlight the positive benefits of settlement.
9. Expand the pie by adding issues or parties.
10. Search for trade-offs.
11. Devise contingency contracts.
12. Do not let the other party know you are in a hurry to close the deal.
13. Do not settle for terms that are worse than your alternative.
14. Change the agent.
15. Get a third-party mediator.
16. Don’t escalate. Don’t cross the “point of no return”.
17. Once an agreement is reached, sign the agreement immediately.
18. Give a reality check. Demonstrate their WATNA (Worst Alternative to a Negotiated Agreement).

After Atty. Acorda’s presentation, several applicants were inducted as new PIArb members.

CONFLICTS OF INTEREST AND HKIAC ADMINISTERED ARBITRATION RULES

On September 22, 2016, the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) held their joint fellowship at Sycip Salazar Hernandez and Gatmaitan Law Offices. Mr. Robin Peard was the guest speaker.

Mr. Robin Peard discussed the Common Law Viewpoint on Conflicts of Interest which normally opens an arbitrator to an allegation of apparent bias. Under Article 12 (2) Uncitral Model Law (“UML”) “an arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to his or her impartiality or independence often referred to as “bias”. These circumstances may be subconscious, apparent, or inferred from an arbitrator’s fee arrangements, communications, and relationship with the parties. In determining whether or not an arbitrator is biased, the views of a fair-minded and fully informed observer (not a judge) are to be considered.

Further on, Mr. Peard also discussed the Hong Kong International Arbitration Centre Administered Rules on Joinder of Additional Parties, Multi Contract Arbitration and Consolidation of Arbitrations

CHOICE OF LAW AND FORUM IN INTERNATIONAL COMMERCIAL ARBITRATION

On August 25, 2016, the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) held their joint fellowship meeting at Sycip Salazar Hernandez and Gatmaitan. Atty. Jesusito Morallos, PIArb’s Senior Vice President for Advocacy, was the main speaker. He discussed about the various issues involved in Choice of Law and Forum in International Commercial Arbitration. According to him, in transnational transactions/ contracts, chances are there is conflict of laws. “Conflict of laws” is a set of rules of procedural law which determine the legal system and the law of jurisdiction applying to a given legal dispute. “Choice of forum” clause is a provision in a contract in which the parties stipulate that any lawsuit between them arising from the contract shall be litigated before a particular court or in a particular jurisdiction. For arbitrations, “choice of forum” would translate to the Seat’s lex arbitri.

ARBITRATION AGREEMENTS: DO’S AND DON’TS

During the joint PIArb-CIArb fellowship held last July 28, 2016 at Sycip Salazar Hernandez and Gatmaitan, Atty. Donemark J.L. Calimon, PIArb’s EVP shared from his over 15 years of litigation and arbitration practice the ten most salient and important principles in drafting arbitration agreements.

1. Do consider: Why arbitrate? Arbitration provides a speedy and flexible process in resolving disputes. Arbitration, however, may not be the best option in some causes that may not even be subject to compromise.

2. Do consider: What should the arbitration agreement contain? The arbitration agreement serves as the guiding points of the parties when proceeding to arbitration, thus it must be clear and concise. Its basic contents include the covered dispute/s, decision to arbitrate, arbitral institution in an institutionalized arbitration, governing law, arbitration law (seat of arbitration), language, and the number and/or names of arbitrators.

3. Do consider: Negotiation and/or Mediation as a pre-condition before resorting to arbitration.

4. Do consider: Other special features like expedited arbitration, emergency arbitration, consolidation and joinder of issues, and interim measures.

5. Do consider: Country specific issues. It is best to also refer to specific legal provisions that may provide restrictions or limitations to arbitration.

6. Don’t rely on unfounded assumptions. Some common misconceptions in arbitration are: (a) Arbitration is always better than litigation; (b) Ad Hoc arbitration is cheaper; (c) Institutional arbitration is faster; (d) The arbitral award will not be appealable; (e) The arbitration agreement will bind third parties.

7. Don’t deviate from standard arbitration clauses unless necessary.

8. Don’t make the language equivocal. Make is straight and simple.

9. Don’t make vague or incorrect reference to arbitral institutions.

10. Don’t over-specify arbitrator qualifications.

IBP-PIARB HELD COMMERCIAL ARBITRATION TRAINING

The Integrated Bar of the Philippines (IBP), in collaboration with the Philippine Institute of Arbitrators (PIARB), sponsored a one-day commercial arbitration training on 18 July 2016 at the IBP National Office in Pasig City.

The training was attended by some 130 lawyers from different law firms, private corporations and government offices. The attendance showed a notable interest among lawyers to understand and explore the flourishing arbitration practice here and abroad.

The lecturers included experienced arbitrators, arbitration counsels and professional lecturers who shared their expertise and insights on the fundamentals of arbitration, relevant arbitration laws, drafting of arbitration agreements, considerations in commencing arbitration proceedings, the jurisdiction, powers and obligations of the tribunal, and arbitral awards.

The distinguished speakers and their respective topics were: IBP President Atty. Rosario T. Setias-Reyes (Opening Remarks), Atty. Mario e. Valderrama (Introduction/Overview of Arbitration), Atty. Julius Anthony R. Omila (Arbitration Agreements), Atty. Jesusito G. Morallos (Request, Answer, Reply), Atty. Jay Patrick R. Santiago (Constitution of Arbitral Tribunals and Jurisdictional Issues), Atty. Ricardo Ma. P.G. Ongkiko (Case Management Conference), Atty. Teodoro Alejandro Y. Kalaw IV (Hearing/ Interim Measures), Atty. Eduardo R. Ceniza (Arbitral Awards), and Atty. Donemark Joseph L. Calimon (Developments in Enforcement of Arbitral Awards). IBP Executive Vice-President Atty. Abdiel Dan Elijah S. Fajardo gave the Closing Remarks. Atty. Zenaida Ongkiko Acorda and Atty. Camille Bianca M. Gatmaitan served as the moderators.

The one-day event was capped with a Centenary Lecture by the President of the Chartered Institute of Arbitrators, Professor Datuk Sundra Rajoo, on the changing role of arbitration practitioners. In his lecture, Prof. Rajoo emphasized that while support from the government and judiciary is essential to the success of ADR, its real success will come from the practitioners who are ultimately the prominent stakeholders in the process. In this regard, he encouraged Alternative Dispute Resolution (ADR) practitioners and bar associations/organizations to no longer play a participatory role, but to take on a more dynamic and proactive role of an “integrator” in order to make ADR part of the Philippine justice system and not merely a cure to the disadvantages of its litigation system.

The cocktails which followed the event provided an avenue for attendees to build their network and relax after an exhausting, but definitely meaningful and insightful, training.

The Commercial Arbitration Training is part of the IBP's objective of promoting awareness on the various developments in arbitration among Philippine lawyers. In further pursuit thereof, the IBP and PIARB intend to hold an advance course on arbitration later this year.

    
    
   


THE PUBLIC POLICY EXCEPTION TO RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

On April 28, 2016, the Philippine institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) held their joint monthly fellowship at the Quisumbing Torres Law Firm. Atty. Eduardo R. Ceniza, a Fellow of the CIArb, HKIArb, SIArb, and Chairman Emeritus of PIArb, was the main speaker.

In his presentation entitled “The Public Policy Exception to Recognition and Enforcement of Foreign Arbitral Awards” he discussed the need to have a balance between the State’s authority to enforce foreign arbitral awards and the public policy exception to enforcement and recognition of foreign arbitral awards.

For him, the legislatures and courts are faced with the challenge of balancing these interests, without diluting both the sovereignty of the enforcing state and the binding effect of the foreign arbitral award.

Violation of public policy of the enforcing State has long been a ground for refusing recognition and enforcement of foreign awards (Art. V (2) NYC Convention; Art. 36 Uncitral Model Law).? This public policy exception to enforcement is an acknowledgment of the right of the State and its courts to exercise ultimate control over the arbitral process.

To balance the seemingly contrasting domestic and international interests, Atty. Ceniza explains that some legislatures and courts decide that a narrower concept of public policy applies to foreign awards than to domestic awards.? However, he also notes that there is difficulty in providing a precise definition of public policy in the context of recognition and enforcement of arbitral awards. “Considerations of public policy can never be exhaustively defined, but they should be approached with extreme caution,”? Atty. Ceniza quotes the definition by Sir John Donaldson MR in DST v. Rakoil, Deutche Schachtbau v. Ras Khaimah National Oil, 2 Loyd’s Rep. 246 at 254).? Thus, there is a need to have a dichotomy and to characterize the form of arbitral award and the nature of the public policy being applied to it.

Definition of public policy most often quoted is that of Judge Joseph Smith in Parsons & Whittemore (US Court of Appeals, 1974).? Public policy grounds relate to “the forum state’s most basic notions of morality and justice.”? In Philippine jurisprudence, public policy relates to matters for the good of the community; not prejudicial to the public welfare; based on sound morality; and consistent with civic honesty (Power Sector Assets and Liabilities Management Corp. v. Pozzolanic Philippines INc., GR 183789, Aug 24, 2011).

Negatively phrased, in Philippine case law, public policy is very broad as it relates to matters that are?not?injurious to the interests of the public; does?not?contravene some established interest of society; does?not?violate some public status; is?not against good morals; does?not?interfere with public welfare or safety; is?not?at war with the interests of society; and is?not?in conflict with the morals of time. (Ongsiako v. Gamboa, GR No. L-1867, April 8, 1950).

Based on his study of Philippine case law on arbitration, Atty. Ceniza shares that to date there is no Philippine Supreme Court case law that specifically refers to non-enforcement of foreign arbitral awards on grounds of violation of public policy.? This scarcity of case law in the Supreme Court adds to the difficulty for lower courts in finding guidance when faced with the public policy defense against enforcement, especially so that adherence to judicial precedents is embodied in Art. 8 of the Civil Code of the Philippines.? He sees the need to develop an arbitration civilization by looking to well-evolved jurisdictions like the US.

YOUNG PIARB FORMALLY LAUNCHED

Young PIArb was officially launched on 18 July 2016, to coincide with the IBP-PIArb Commercial Arbitration Training and Centenary Lecture of CIArb President Datuk Sundra Rajoo. Prof. Rajoo also gave his inspirational message to the Young PIArb members.

The Young PIArb committee is comprised of:

Co-Chairs: Anna Theresa Cruz and Jay Patrick Santiago; Sub-committee heads and members are: Jared Amoroso (Publications), Bianca Gatmaitan, Sarah Sison and Miguel Aguila; Camille Aromas (Capacity Building), Maricef Valderrama, and Grace Lazaro; Margarita Gutierrez (Events), Ian Malilong, Jeff Constantino and Norman Pelinio

Young PIArb is the first arbitration group in the Philippines that caters to the needs of young arbitration practitioners aged 40 and below. It primarily aims to be a forum where young arbitration practitioners from the Philippines can exchange information and access skills training, networking opportunities, and other opportunities in the field of domestic and international arbitration. Specifically, Young PIArb aims to:

1. provide a forum for young students and professionals to exchange ideas about domestic and international arbitration;

2. provide young professionals interested in dispute resolution with access to each other and to the local and international arbitration community;

3. provide young arbitration professionals access to relevant ADR and arbitration-related skills trainings and workshops; and

4. promote to young arbitration professionals and students the use of arbitration and other modes of alternative dispute resolution.

If you are aged 40 and below and interested to join this new group under PIArb, please join the Young PIArb Google Group by sending an email to young-piarb+subscribe@googlegroups.com.

  

JUNE 2016 FELLOWSHIP –STRATEGIC CONTROL OF TIME, COSTS AND QUALITY IN INTERNATIONAL ARBITRATION

On June 23, 2016, the Philippine Institute of Arbitrators and the Chartered Institute of Arbitrators East Asia Branch, Philippine Chapter held its joint monthly fellowship at Quisumbing Torres, with Mr. Arvin Lee, as the guest speaker. Mr. Lee shared his experiences both as an Arbitrator (Korean Commercial Arbitration Board and Beijing Arbitration Commission) and as an arbitration counsel in arbitrations conducted under ICC and SIAC Rules.

In his presentation, he gave valuable and practical insights into how time and costs can be controlled by counsel while keeping the quality of arbitration high. The discussion was made more interesting by the active participation of the audience who were asked to devise ways to control time and costs in a mock commercial arbitration scenario.

This fellowship will be the last this year to be held at Quisumbing Torres. Beginning July, 2016 onwards till November 2016, the venue for fellowships will be at Sycip Salazar Hernandez and Gatmaitan.

 

MAY 2016 FELLOWSHIP –“ARBITRATION IN SPAIN”

On May, 26, 2016, the Philippine Institute of Arbitrators and the Chartered Institute of Arbitrators East Asia Branch, Philippine Chapter held its joint monthly fellowship at Quisumbing Torres.

Mr. J. Felix de Luis, a Central Government Attorney in Spain, was the guest speaker. He discussed about the legal and economic aspects of arbitration in Spain and Latin America (LATAM). Similar to other countries, Arbitration is fast gaining ground as a preferred mode of commercial dispute resolution in the said regions. He also cited the different reasons why Spain is the “perfect venue for Arbitration”.

INTERNATIONAL COMMERCIAL ARBITRATION: BEST PRACTICES TO ADDRESS TRAPS, TRICKS, AND TERRIBLE PREDICAMENTS

On May 5, 2016, a symposium on “International Commercial Arbitration: Best Practices to Address Traps, Tricks, and Terrible Predicaments ” was held at the Ateneo Professional Schools Building, Rockwell Drive, Makati City. The Ateneo Center for Continuing Legal Education and Research (“ACCLE”) of the Ateneo de Manila Law School, in partnership with the Asia-Pacific Forum for International Arbitration (AFIA), the Philippine Institute of Arbitrators (PIArb), Wong Partnership LLP, 20 Essex Street, King & Spalding, and Zambrano & Gruba Law Offices, jointly organized the event.

The symposium was divided into three parts, namely:

I. The arbitration agreement: Issues in relation to pathological arbitration clauses, multi-tier arbitration clauses, joinder, jurisdictional challenges. The discussion panelists were: Amanda Lees of Simmons & Simmons, Donemark Calimon of PIArb and Quisumbing Torres; Nakul Dewan of 20 Essex Cahmbers and Jorge Alfonso Melo of Zambrano and Gruba Law Offices.

II. The keynote speech on “Managing uncooperative parties in an international arbitration” was delivered by Michael Lee of 20 Essex Street Chambers.

III. The last topic was about “Emergency relief, challenges, and enforcement: issues in relation to emergency/interim relief, challenges to and enforcement of awards.” The discussion was led by the following panelists: Wendy Lin of Wong Partnership, Maricef Valderrama of SIAC and PIarb, Jesusito Morallos of PIArb and Follosco, Morallos and Herce; and Simon Milnes of 20 Essex St. Chambers.

Arbitration practitioners, counsels and students participated actively in the discussion and joined in the light cocktails that capped the event.

ADR IN THE PHILIPPINE SETTING: CONCEPTS AND CONTEXT

On March 30, 2016, the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) held its joint fellowship at Quisumbing Torres Law Offices. PIArb Chairman Atty. Teddy Kalaw IV was the main speaker, who discussed about ADR in the Philippine Setting; Concepts and Context. Among the attendees was Mary Thomson, Vice-Chairperson of the Chartered Institute of Arbitrators, East Asia Branch.

PIArb’s fellowships this year are aimed at enhancing comprehension of the topics covered by the PIArb Commercial Arbitration handbook by providing additional insights and practical tips, and explaining nuances thereto. Atty. Kalaw’s presentation was an initial step to this guided tour as he covered chapters 1 and 2 of the handbook.

Next month’s fellowship will cover chapter 15 on challenges to awards.

PIARB COMMERCIAL ARBITRATION HANDBOOK LAUNCHED

The PIArb Commercial Arbitration Handbook was formally launched on April 20, 2016, at Powerbooks, Greenbelt 4, Makati City.

During the programme, inspirational and congratulatory messages were given by PIArb Chairman Teddy Kalaw IV, Ms. Karina Bolasco of Anvil Publishing Inc., PIArb Chair Emeritus Eduardo Ceniza, PIArb President Ricky Ongkiko, PIArb EVP and Handbook’s Editor-in-Chief Donemark Calimon, and Supreme Court Justice (Retired) Vicente V. Mendoza. The Hong Kong International Arbitration Centre (HKIAC) also sent its video congratulatory message through its counsel and PIArb VP for International Initiatives Jay Patrick Santiago. Cocktails followed immediately after the program.

PIArb trustees and officers who were also contributors to the Handbook, and other guests were also there to grace the event.

Once again, congratulations, PIArb on this worthwhile project!

   

   

HOW TO BECOME A SENSATIONAL ARBITRAL TRIBUNAL SECRETARY

On February 24, 2016 the Philippine Institute of Arbitrators (PIArb) and representatives from the Hong Kong International Arbitration Centre (HKIAC) led by its Secretary General Ms. Chiann Bao, held a symposium entitled “Say Yes to Success! How to Become a Sensational Arbitral Tribunal Secretary” at the Quisumbing Torres. The two-hour symposium was held immediately after the February monthly PIArb-CIArb Fellowship.

The symposium was conducted in the form of a panel discussion led by Ms. Chiann Bao, Secretary General, HKIAC, as Moderator, and with Ms. Lucille Kante, Arbitral Assistant to Neil Kaplan CBE, QC, SBS, Arbitration Chambers, Mr. Nils Eliasson, Partner, Shearman and Sterling, Mr Kay-Jannes Wegner of Kim and Chang, and Atty. Jesusito Morallos, Partner, Follosco, Morallos and Herce and PIArb SVP for Advocacies, as panelists.

The panel discussed the importance and various functions of an arbitral secretary to the whole arbitral process. Attendees also participated during the lively open forum.

The symposium is a prelude to the Tribunal Secretary Accreditation Programme coming to Manila later this year. Many thanks to Atty. Jay Santiago, Assistant Counsel at HKIAC and PIArb Vice President for International Initiatives, for co-organizing this symposium!

 

FEBRUARY 2016 FELLOWSHIP –UPDATES IN KOREAN ARBITRATION

On February 24, 2016, the Philippine Institute of Arbitrators (PIArb) and the Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter held its joint monthly fellowship at Quisumbing Torres. In his opening remarks, PIArb President Ricky Ongkiko presented the new set of officers and their roles in the different committees, as well as the programs and activities lined up for 2016.

Thereafter, the main speaker Mr. Kay-Jannes Wegner, a senior attorney at Kim and Chang, in Seoul South Korea, discussed the recent updates in Korean Arbitration. According to him, arbitration is steadily gaining ground in Korea as a preferred mode of dispute resolution in commercial disputes. He went on to discuss three significant arbitration cases decided under Korean arbitration law. The usual open forum and short quiz followed. Three new members of PIArb were also sworn in. PIArb President Emeritus Prof. Mario Valderrama ended the fellowship with his closing remarks.

This month’s fellowship was made possible through the assistance of PIArb Vice President for International Initiatives Jay Patrick Santiago who is now based in Hong Kong International Arbitration Centre (HKIAC).

 

JANUARY 2016 FELLOWSHIP –”PHILIPPINES V. CHINA UNCLOS AD HOC ARBITRATION”

Professor Mario E. Valderrama, a CIArb Approved Tutor and current President Emeritus of the Philippine Institute of Arbitrators (PIArb) was the main speaker during the January 2016 fellowship jointly sponsored by the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators, held at the Quisumbing Torres Law Offices on January 28, 2016. In his presentation entitled “Philippines v. China UNCLOS ADHOC Arbitration: the Jurisdictional Conundrum”, Prof. Valderrama discussed about the procedural issues involved in the ongoing arbitration instituted by the Philippines against China.

PIArb’s new president Ricky Ongkiko sent a video message welcoming PIarb members and guests to the fellowship. After Prof. Valderrama’s presentation and open forum, a short quiz given by Vice-President (for Fellowship and Member development) Ian Malilong immediately followed. Next fellowship is set on Feburary 24, 2016.

 

PIARB COMMERCIAL ARBITRATION HANDBOOK TURNED OVER TO DOJ-OADR

On December 18, 2015, the Philippine Institute of Arbitrators (PIArb), through its President Teodoro Kalaw IV, formally turned over the first three (3) published copies of the PIArb Commercial Arbitration Handbook to the Department of Justice (DOJ) - Office for Alternative Dispute Resolution (DOJ-OADR) in commemoration of the OADR week.

DOJ Undersecretary Wendell Go and OADR OIC-Executive Director Bernadette C. Ongoco officially accepted the book copies. The simple turnover ceremony was attended by PIArb trustees and officers, DOJ-OADR officials, and Anvil (publisher) representative Karina Bolasco.

The PIArb Commercial Arbitration Handbook, reasonably priced at Php250.00 pesos each, is available in all branches of National Book Store nationwide. Grab your copy now!

   

2015 PIARB-CIARB YEAR-END FELLOWSHIP

The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, jointly held their year-end fellowship on November 26, 2015 at the Sycip Salazar Hernandez and Gatmaitan Law Offices.

Lots of fun, good food and prizes were enjoyed by the attendees. The program was emceed by VP Angie Batungbakal while the games were officiated by SVP Dada Ongkiko-Acorda. Executive Vice President Ricky Ongkiko rendered a heart-warming song, after which PIArb President Teddy Kalaw reported on the PIArb accomplishments for the past two years, and upcoming projects. The event was also highlighted by the oath-taking of new PIArb members.

  

 

PIARB SIGNS MEMORANDUM OF AGREEMENT WITH LYCEUM OF THE PHILIPPINES UNIVERSITY (LPU)

On November 16, 2015, the Philippine Institute of Arbitrators (PIArb) entered into a memorandum of agreement (MOA) with Lyceum of of the Philippines University (LPU), whereby both institutions agreed to be strategic partners in creating a Center for the Amicable Resolution of Disputes (CARD). As a joint strategic initiative of LPU and PIArb, CARD shall organize a pool of fellows composed of experienced practitioners or academics in ADR, a pro-bono ADR Clinic, and an annual academic colloquium that will provide lectures and presentations on various issues relating to settlement of disputes.

The MOA was signed by PIArb President Teodoro Kalaw IV and LPU President Roberto P. Laurel. Senior Vice-President for Advocacies Jesusito Morallos and LPU College of Law Dean Ma. Soledad Deriquito- Mawis signed as witnesses. The ceremony was attended by representatives of PIArb, LPU and Department of Justice Office for Alternative Dispute Resolution (DOJ-OADR)

  

PIARB SIGNS MOA WITH ANVIL, PDRCI AND DRBF

On November 11, 2015, the Philippine Institute of Arbitrators (PIArb) entered into a memorandum of agreement (MOA) with Anvil Publishing Inc.(Anvil), granting the latter exclusive rights to publish and distribute PIArb’s Commercial Arbitration Handbook. The agreement was signed by PIArb President Teodoro Kalaw IV for PIArb, and Ms. Karina Bolasco for Anvil. PIArb’s Senior Vice President for Programs Donemark Calimon signed as witness. The Handbook was put together through the collaborative efforts of PIArb trustees and officers for 2014-2015.

  

Later that same day, PIArb, through its President Teodoro Kalaw IV, signed another memorandum of agreement with the Philippine Dispute Resolution Center Inc. (PDRCI) and Dispute Resolution Board Foundation (DRBF), represented respectively by Mr. Gregorio Navarro, PDRCI President, and Engr. Salvador Castro Jr., DRBF Country Representative. Both agreements (with Anvil, PDRCI and DRBF) were signed at the law office of Quisumbing Torres.

   

  

7 ESSENTIALS OF EFFECTIVE COMMERCIAL ARBITRATION

PIArb- CIArb held its last monthly lecture-fellowship for the year 2015 on October 29, 2015 at Sycip Salazar Hernandez and Gatmaitan Law Offices, with Atty. Teodoro Kalaw IV giving his valedictory lecture (as PIArb President) entitled “7 Essentials of a Cost-Efficient, Speedy and Effective Commercial Arbitration.” His discussion focused on factors to consider in deciding whether or not to arbitrate, what to agree to (arbitration agreement), who to appoint (arbitral tribunal), how to arbitrate (ad hoc v. institutional), internal measures to expedite proceedings (case management conference and witness conferencing), external measures to protect interests (Special ADR Rules) and resulting award (Special ADR Rules).

For next month’s fellowship on November 26, 2015, PIArb will be holding its annual Christmas party.

PIARB REVIVES ITS CEBU CHAPTER

In line with PIArb’s goal to be the voice of private dispute resolution not just in Metro Manila but throughout the Philippines, the Board unanimously approved the revival of PIArb’s Cebu Chapter.

PIArb President Teodoro Kalaw IV went to Cebu on August 19, 2015 to preside over the launching of PIArb Cebu Chapter, at Casino Espanol, Cebu. On the same occasion, President Kalaw sworn in the chapter’s new set of officers, headed by Engr. Tom Academia, a CIAC Arbitrator and PIArb’s Asst. Vice President for Chapters and Special Interest Groups.

To all officers and members of PIArb Cebu Chapter, welcome and congratulations!   

 

HKIAC LISTS PIARB CHAIRMAN EMERITUS TO ITS PANEL OF ARBITRATORS

The Hong Kong International Arbitration Centre (“HKIAC”) has recently listed the Philippine Institute of Arbitrators’ Chairman Emeritus, Atty. Eduardo Ceniza, to its Panel of Arbitrators (the “HKIAC Panel”). Atty. Ceniza’s listing to the HKIAC Panel is a testament and recognition of his extensive and illustrious career as an arbitrator in both domestic and international arbitral proceedings. Atty. Ceniza, who is also the Chairman of the Philippine Chapter of the Chartered Institute of Arbitrators (East Asia Branch), will be joining Engr. Salvador Castro and Atty. Victor P. Lazatin to the HKIAC Panel.

HKIAC maintains a Panel and a List of Arbitrators (“HKIAC List”). The HKIAC Panel is comprised of individuals with extensive experience as an arbitrator, while the HKIAC List is comprised of individuals who may have less extensive experience as an arbitrator, but have had substantial experience in arbitral proceedings whether as arbitrator, counsel, expert witness, instructing solicitor or otherwise. Membership to the HKIAC Panel and List is by invitation or by application. For more information, please visithttp://www.hkiac.org/en/arbitration/arbitrators/application-procedure-for-hkiac-s-panel-or-list-of-arbitrators and http://www.hkiac.org/en/arbitration/arbitrators/guidelines-for-inclusion-on-hkiac-panel-and-list-of-arbitrators. For more information about HKIAC, please visitwww.hkiac.org.

Congratulations, Atty. Ed Ceniza!

DISPUTE RESOLUTION BOARD

Engr. Salvador Castro Jr. was the guest speaker during the joint fellowship of the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb), East Asia Branch, Philippine Chapter, held on September 28, 2015 at the Sycip Salazar Hernandez and Gatmaitan Law Offices.

He discussed about the Dispute Resolution Board Foundation (DRBF) and the Dispute Board approach to avoid or resolve a dispute between the parties in construction and commercial contracts.

JUNE 2015 PIARB-CIARB JOINT FELLOWSHIP – VALUATION OF DAMAGES UNDER LONG-TERM CONTRACTS

Emmanuel Jacomy, a Senior Associate in Shearman and Sterling’s International Arbitration Group, was the guest speaker during the joint fellowship of the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, held on June 25, 2015 at Quisumbing Torres Law Offices in Taguig City.

In his presentation, Mr. Jacomy spoke about the strategic aspects of damages valuation in commercial and investment treaty arbitrations and their practical considerations. He discussed the different approaches to determining the amount of damages, namely, the Income Approach (DCF), Market Approach/ Comparable Companies Transactions and Asset/Investment Approach.

After the presentation, an open forum and short quiz immediately followed.

   

PIARB SEMINAR WITH UNITED ARCHITECTS OF THE PHILIPPINES (MAKATI GREENBELT CHAPTER)

On July 1, 2015, the Philippine Institute of Arbitrators (PIArb), through its Chairman, Prof. Mario Valderrama, and Senior Vice President for Advocacies Atty. Jesusito Morallos, graced ArchiTalks 4, an activity sponsored by the United Architects of the Philippines (Makati Greenbelt Chapter) at the Penthouse of Cityland Towers along Pasong Tamo, Makati City. The seminar was held in an inter-active manner, with Atty. Valderrama leading the discussion on “Demystifying Issues on Arbitration”. Meanwhile, Atty. Morallos, who is also a licensed/practicing Civil Engineer, focused on applying these arbitration principles to concerns of architects and engineers. The event was organized through the efforts of PIArb Treasurer Atty. Cynthia Nuval.


JULY 2015 FELLOWSHIP : ADR AND THE PHILIPPINE COURT SYSTEM

Justice Ma. Filomena Singh was the guest speaker during the PIArb-CIArb monthly fellowship held on July 30, 2015 at Sycip Salazar Hernandez and Gatmaitan Law Offices in Makati City.

She discussed about Alternative Modes of Dispute Resolution (ADR) under current laws and rules as well as the proposed new rules of civil procedure, particularly the new requirement of resorting to any two (2) modes of ADR, as a pre-condition to filing court action. During the open forum, comments and queries were raised about the proposed amendments and the role that PIArb could take in further study and implementation thereof. The usual short quiz was presided by PIArb Corporate Secretary Julius Anthony R. Omila who handed out Starbucks gift certificates to those who gave correct answers.

The fellowship was also highlighted by the oath-taking ceremony of about 40 new members of the PIArb. The oath of membership was administered by PIArb President Teodoro Kalaw IV and PIArb Chairman Prof. Mario Valderrama. Pres. Kalaw also gave them a brief orientation of the different programs and activities of PIArb.

Congratulations and warm welcome to all the new members of PIArb!

    

MAY 2015 FELLOWSHIP - "THE ROLE OF ARBITRAL INSTITUTION"

The Philippine Institute of Arbitrators and the Philippine Chapter of the Chartered Institute of Arbitrators held another joint fellowship meeting last 28 May 2015 at the Quisumbing Torres Law Offices.

The Joint Fellowship featured a talk by Atty. Maricef Valderrama of the Singapore International Arbitration Centre ("SIAC").

Atty. Valderrama discussed the role of arbitral tribunals in both ad hoc arbitration (one that is conducted pursuant to rules agreed by the parties or laid down by the arbitral tribunal) and institutional arbitration (one that is administered by an arbitral institution under its own rules). In institutional arbitration, she explained the functions of arbitral tribunals with respect to appointment of arbitrators, financial management of the arbitration (including collection of deposits, rendering of accounts, fixing and payment of tribunal's fees), case management, supervisory functions and scrutiny of awards. Interestingly, she shared some of SIAC's rules and practice in performing the foregoing functions. In ad hoc arbitration, on the other hand, Atty. Valderrama explained that an arbitral institution may also play a role therein. For instance, SIAC may appoint arbitrators in ad hoc arbitrations if parties agree thereto or in instances where SIAC is the statutory appointing authority or one designated by the Secretary-General of the Permanent Court of Arbitration.

After Atty. Valderrama's presentation, an open forum and the usual short "quiz" immediately followed.

PIARB PRESIDENT ATTAINS CHARTERED ARBITRATOR STATUS

The Philippine Institute of Arbitrators (“PIArb”) is pleased to announce that its incumbent president, Atty. Teodoro Kalaw IV, was granted his charter as a Chartered Arbitrator by the Chartered Institute of Arbitrators (“CIArb”) of the United Kingdom last 21 May 2015. Atty. Kalaw is the first Filipino to achieve the qualification.

CIArb is the world’s leading learned society dedicated to the promotion and facilitation of dispute resolution. Deemed as the “Gold Standard” by practitioners, chartered arbitrator status is CIArb’s highest professional qualification, requiring both prior election as a CIArb Fellow as well as significant peer-reviewed practical experience as an arbitrator. With his designation, Atty. Kalaw has also been appointed to CIArb’s official Panel of Arbitrators.

BASIC ARBITRATION SEMINAR, APRIL 16-17, 2015

The Philippine Institute of Arbitrators held a two-day Basic Arbitration Seminar on 16 and 17 April 2015 at the Quisumbing Torres Law Offices. The seminar intended to equip participants with comprehensive knowledge of the fundamentals of arbitration.

The seminar was attended by practicing lawyers from law firms and government offices, in-house counsels, consultants, other professionals interested to understand the benefits and advantages of arbitration and to learn the basic steps towards a flourishing arbitration practice.

The speakers, which included experienced arbitrators, arbitration counsels and professional lecturers, shared their expertise and/or insights on relevant arbitration laws, arbitration agreements and proceedings, including applicable rules of evidence, the jurisdiction and powers of arbitral tribunal vi-a-vis the regular courts, interim measures of protection and arbitral awards. The speakers likewise provided participants with valuable pieces of advice on how to break into the arbitration world and become a successful arbitration practitioner.

The event was concluded with a very interesting panel discussion on different institutional arbitration rules. The panel members included representatives from the Hong Kong International Arbitration Centre (HKIAC) and the Singapore International Arbitration Centre (SIAC), who provided participants with up-to-date information about their respective institution's arbitration rules, and local arbitration practitioners, who presented the rules of local arbitral institutions, namely, the ADR Center and the Philippine Dispute Resolution Center, Inc. (PDRCI).

The cocktails that followed provided participants with an avenue to build their network and just relax after an exhausting, but definitely meaningful and insightful, seminar.

       

TRENDS IN ASIAN INVESTMENT ARBITRATION

Atty. Matthew Brown, a Senior Associate at Clifford Chance International Arbitration Practice in Singapore, was the guest speaker during the joint fellowship of the Philippine Institute of Arbitrators (PIArb) and the Chartered Institute of Arbitrators (CIArb) Philippine Chapter held on April 30, 2015 at the Quisumbing Torres Law Offices. He discussed about the recent “Trends in Asian Investment Arbitration”.

In his presentation, he explained the advantages of Investment Treaty Arbitration in resolving disputes between Investor and Host State, criteria needed to qualify for investment treaty protection, and differences between commercial and investment arbitration. An open forum followed immediately after the presentation.

As usual, this well-attended event culminated with a short quiz about the lecture, where participants who gave correct answers were given Starbucks gift certificates.

  

MARCH 2015 FELLOWSHIP - "26 NEGOTIATION TIPS TO HELP YOU SEAL THE DEAL"

Atty. Zenaida Ongkiko-Acorda, a partner of the Ongkiko Manhit Custodio & Acorda Law Offices and the ADR Center for Negotiation, Mediation and Arbitration, was the speaker during the fellowship jointly sponsored by the Philippine Institute of Arbitrators (PiArb) and Chartered Institute of Arbitrators held at the Quisumbing Torres Law Offices on 26 March 2015.

Atty. Ongkiko-Acorda shared a number of tips to help negotiators "seal the deal". She highlighted, among others, the need for negotiators to develop a strong "BATNA" or the "Best Alternative to a Negotiated Agreement". She explained that BATNAs are important since a negotiator cannot make a wise decision on whether to accept a negotiation offer unless he knows what his alternatives are. Atty. Ongkiko-Acorda also emphasized the need to control one's emotion during negotiations, saying that good negotiators are those who are able to stay calm and focused on getting the deal done. After her presentation, an open forum and short "quiz" immediately followed. More negotiation tips will be discussed during the PiArb's Negotiation and Mediation Seminar."

FEBRUARY 2015 JOINT PIARB AND CIARB FELLOWSHIP 

The Philippine Institute of Arbitrators (PiArb) and the Chartered Institute of Arbitrators (CiArb) Philippine Chapter, held a joint fellowship meeting last 26 February 2015 at the Quisumbing Torres Law Offices.  

The Joint Fellowship featured a talk by Atty. Donemark J.L. Calimon on the salient provisions of the 2014 International Bar Association's (IBA) Guidelines on Conflicts of Interest in International Arbitration ("Guidelines") - which provisions seek to reflect the evolution of, and address the recent issues on, the practice of international arbitration since the Guidelines were first adopted in 2004. These salient provisions include, among others, (a) the effect of so-called "advance waivers" on an arbitrator's duty to disclose and future challenges to an arbitrator's appointment; (b) the need to disclose funding arrangements and identity of third-party funders; (c) independence and impartiality of arbitral or administrative secretaries; and (d) applicability of the Guidelines to investment arbitrations and to non-lawyers serving as arbitrator.  

The talk was followed by an update report by Atty. Jay Santiago, Assistant Counsel of the Hong Kong International Arbitration Center ("HKIAC"), and PIArb Vice-President for International Initiatives, on the arbitration cases handled by HKIAC under its fairly-recent 2013 administered arbitration rules. 

The event was finally concluded with PIArb President Teddy Kalaw officiating the oath-taking of the new batch of junior officers of PiArb, namely, Atty. Maricef Valderrama, (Programs) Atty. Grace Ann Lazaro, (Programs, Research and Public Information) Ms. Bunny Kalaw, (Fellowships and Member Relations), Atty. Romeo Lumagui Jr., (Secretariat), and Atty. Raymund Pascua, (Secretariat).  These junior officers will hold the rank of “Assistant Vice President” for one fiscal year.

  

PIARB ARBITRATION SEMINAR FOR UAP CHAPTER

The Philippine Institute of Arbitrators conducted a half-day seminar for architects from the United Architects of the Philippines (Diliman Chapter) last Saturday, 31 January 2015, as part of UAP's program for continuing professional development of its members.

The discussion touched on topics as ASEAN integration, arbitration before the Construction Industry Arbitration Commission, and the arbitration in general.

The event was co-hosted with United Architects of the Philippines (Diliman Chapter) and the Center for Designed Environment Professions (CDEP).

During a discussion with UAP Diliman's President,  Napoleon Ibanez, he mentioned that this could be an event for other chapters and the national body as well.

Those are from PIArb included Mario Valderrama, Chaiman; Jesusito Morallos, SVP Advocacies; and Cynthia D. Nuval, Treasurer of the Institute.

  

JANUARY 2015 FELLOWSHIP - "REDUCING COSTS IN ARBITRATION"

Professor Anselmo Trinidad Reyes, (former Judge of the Court of First Instance of the Hong Kong High Court and now representative of the Hague Conference on Private International Law Asia-Pacific Regional Office) was the guest speaker during the fellowship jointly sponsored by the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators, held at the Quisumbing  Torres Law Offices on January 22, 2015. He spoke about the 2005 Hague Choice of Courts Agreements Convention as a way of reducing the cost of international commercial arbitration, and the newly formed Singapore International Commercial Court (SICC) in which he currently sits as one of the Judges. After his presentation, a lively open forum and short "quiz" immediately followed. Next fellowship is scheduled on February 26, 2015. Note: Early attendees in the next fellowship may have the chance to get a copy of Professor Reyes' arbitration book.

 

PIARB JOINS CELEBRATION OF 2014 OADR ANNIVERSARY

The Philippine Institute of Arbitrators (PIArb) joined the office for Alternative Dispute Resolution (OADR) in celebrating its anniversary on December 16 - 19, 2014 at the PICC. The Honorable Secretary Leila M. De Lima graced the occasion as its keynote speaker.

The four-day OADR anniversary celebration which is entitled, "RA 9285: 10 Years After, Reflecting on the Past, Building for the Future" showcased the insights and experiences of ADR practitioners and stakeholders in three parts, namely the businessman's forum, ADR summit, and international forum.

PIArb President Atty. Teodoro Kalaw IV gave separate talks on ADR in Business and Arbitration Practice in the Philippines. PIArb Chairman Prof. Mario E. Valderama shared on the predicaments encountered by arbitrators and the limitations of RA 9285. Attys. Donemark J.L Calimon and Myra Angeli A. Gallardo-Batungbakal gave talks on the retrospect in ADR practice and the use of mediation in business disputes, respectively. Serving as facilitators during the ADR summit were Atty. Donemard J.L Calimon and Joannes Vinarao-Pilapil.

PIARB’s CHRISTMAS PARTY 2014 

As a festive end to its year-round events and activities, PIARB celebrated its annual Christmas party on the 27th of November 2014 at the Sycip Salazar Law Offices in Makati City.  PIARB trustees, officers, members, and friends graced the occasion. 

The yearly holiday get-together commenced with the welcome remarks of PIARB’s incumbent president Atty. Ted Kalaw IV.  In his brief remarks, he mentioned the highlights of PIARB’s achievements in 2014 and made known PIARB’s direction and proposed activities for the coming 2015.

Fun games and surprises followed thereafter.  PIArb members and guests gamely participated in the make-me-laugh, Wacky Vocabulary, and sing and dance contests.  Attys. Dada Acorda, Angel Ylagan, and Tin-tin Nuval were the youthful, lively emcees of the party.       

The Christmas Party was a splendid way to start the Christmas Holiday Season!  PIARB wishes everyone a blessed Christmas and a meaningful 2015!

MOCK INTERNATIONAL ARBITRATION FOR GOVERNMENT CORPORATE COUNSELS

The Philippine Institute of Arbitrators (PIArb), presented a Mock International Arbitration for Government Corporate Counsels, on November 20, 2014 at the Manila Diamond Hotel. The whole-day event was made possible through the initiative of Atty. Jesusito Morallos, PIArb Senior Vice President for Advocacies, in cooperation with the Office for Alternative Dispute Resolution (OADR), Office of the Government Corporate Counsel (OGCC) and Chartered Institute of Arbitrators (CIArb) East Asia Branch.

Prior to the mock arbitration proper, PIArb Chairman Prof. Mario E. Valderrama gave a Refresher on Party Autonomy. The mock arbitration showed the entire arbitration process of a simulated international commercial dispute, using ICC Arbitration rules. Various roles were portrayed by PIArb trustees and officers, together with Mr. Houchih Kuo, (Chair, Taiwan Chapter, East Asia Branch, Chartered Institute of Arbitrators) and Ms. Sylvia Tee, (Director, Arbitration and ADR, Asia of the International Chamber of Commerce) who acted as arbitration counsel and ICC expert, respectively.     

The event was highlighted by the signing of the Memorandum of Agreement between PIArb and the OGCC, represented by General Corporate Counsel Raoul C. Creencia.   

INTERNATIONAL COMMERCIAL ARBITRATION UNDER SIAC RULES

The Philippine Institute of Arbitrators (PIArb) and Singapore International Arbitration Centre (SIAC) jointly organized a User Orientation and Practitioner Workshop on International Commercial Arbitration under SIAC Rules, held at the Makati Shangri-la Hotel, on October 2, 2014.  A unique feature of this workshop was the SIAC Training Video which presented an overview of the different stages of the entire arbitral process under the SIAC Rules. Each video was thereafter discussed by a group of distinguished arbitration panelists, who also answered questions raised during the open forum.    

The event was attended by almost 180 delegates composed of in-house company counsels, government lawyers, private law practitioners and businessmen. 

       

8TH RAIF CONFERENCE HELD IN SINGAPORE

The Singapore Institute of Arbitrators (SIArb) hosted this year’s 8th Regional Arbitral Institutes Forum (RAIF) held on August 1, 2014,  at the Hilton Hotel, Orchard Road, Singapore .

Topics discussed during the forum include country reports, ethical concerns, time and costs of arbitration and future of the theory and practice of commercial arbitration in the Asia-Pacific Region.  The Honorable Justice Quentin Loh of Singapore graced the occasion as its guest of honor.

The event was highlighted by the signing of the Memorandum of Understanding (MOU) among RAIF Member Institutes.  PIArb President Teodoro Kalaw IV represented PIArb during the signing ceremony. 

  

  

HKIAC ROADSHOW IN MANILA

The Philippine Institute of Arbitrators (PIArb) and the Hong Kong International Arbitration Centre (HKIAC) jointly organized the HKIAC Road Show featuring the 2013 HKIAC Administered Arbitration Rules, held on June 25, 2014 at Quisumbing Torres. 

The program was divided into three parts. First was the interview with Ms. Chiann Biao, HKIAC Secretary General, followed by a discussion of the new HKIAC Rules given by Atty. Nils Eliasson.

The last part was a mock arbitration played by Attys. Donemark Calimon and Ricardo P.G. Ongkiko as the opposing counsels in an emergency arbitration proceeding conducted under the new HKIAC rules. Atty. Jun Bautista played the role of the emergency arbitrator. 

 

REGIONAL LAUNCH OF ICC MEDIATION RULES IN MANILA

The Philippine Institute of Arbitrators (PIArb) in cooperation with Quisumbing Torres, supported the Regional Launch of International Chamber of Commerce (ICC) Mediation Rules in Manila, by ICC representatives, namely, Sylvia Tee, Director, Arbitration and ADR Asia, ICC Dispute Resolution Services, Singapore, and Hannah Tumpel, Senior Counsel and Manager, ICC International Centre for ADR, Paris.

The whole day event held on March 20, 2014, was divided into three parts,   namely, (1) ICC talk to Law Students about ICC Arbitration and Mediation held at the UST Civil Law Auditorium; followed by a (2) Seminar entitled “Best Practices in International Commercial Mediation” for lawyers and ADR Practitioners and users, and (3) Dialogue between Law Deans and faculty members with ICC representatives.  Both Seminar and Dialogue were held at Quisumbing Torres.