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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. 
11/15/2018 4:49:15 AM
The Lyceum of the Philippines University Graduate School (“LPU Graduate School”), in partnership with the Philippine Institute of Arbitrators Inc. (PIArb), is offering the country’s first graduate program in professional dispute resolution, the “Master of Arts with Specialization in Dispute Resolution” (the “Program”).
10/22/2018 8:39:48 AM
The Indonesian Arbitrators Institute (IArbI), supported by BANI Arbitration Center (BANI), will host this year’s Regional Arbitral Institutes Forum, with the theme “Enhancing Regional Arbitration Cooperation: Emerging and Current Issues.” The seminar will be held on November 29, 2018 at Shangrila Hotel, Jakarta, Indonesia.
10/8/2018 9:35:06 AM
The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, will hold their joint Fellowship on October 25, 2018 at Quisumbing Torres, 17th Floor, Net One Center, 26th Street, corner 3rd Avenue, Crescent Park, Bonifacio Global City, Taguig City. Registration and fellowship will start at 11:30 o’clock in the morning.
9/23/2018 2:02:14 AM
The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, will hold their joint Fellowship on September 27, 2018 at Quisumbing Torres, 17th Floor, Net One Center, 26th Street, corner 3rd Avenue, Crescent Park, Bonifacio Global City, Taguig City. Registration and fellowship will start at 11:30 o’clock in the morning.
8/28/2018 6:42:18 AM
The Indonesian Arbitrators Institute will host the 2018 Regional Arbitral Institutes Forum (RAIF), with the theme "Enhancing Regional Arbitration Cooperation, Emerging and Current Issues", on November 28-29, 2018 at Shangrila Hotel, Jakarta, indonesia. The program schedule is hereto attached. Registration form and other details to follow.
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: dangeles@piarb.com
Email: csantos@piarb.com
Email: jarteche@piarb.com
Email: vmejia@piarb.com
Email: mbatungbakal@piarb.com

The Indonesian Arbitrators Institute (IArbI), supported by BANI Arbitration Center (BANI), will host this year’s Regional Arbitral Institutes Forum, with the theme “Enhancing Regional Arbitration Cooperation: Emerging and Current Issues.” The seminar will be held on November 29, 2018 at Shangrila Hotel, Jakarta, Indonesia.   


LPU-PIArb’s Graduate Program on Professional Dispute Resolution
- Enrolment ongoing
The Lyceum of the Philippines University Graduate School (“LPU Graduate School”), in partnership with the Philippine Institute of Arbitrators Inc. (PIArb), is offering the country’s first graduate program in professional dispute resolution, the “Master of Arts with Specialization in Dispute Resolution” (the “Program”)


October 2018 Fellowship – Mock Cross Examination and Submissions in International Arbitration

The Philippine Institute of Arbitrators and the Chartered Institute of Arbitrators East Asia Branch, Philippine Chapter held their Joint Monthly fellowship on October 25, 2018 at Quisumbing Torres Law Offices, Taguig City.

Instead of the usual lecture, the guest speakers, Mr. Arvin Lee and Mr. Jeriel Lam, both arbitration practitioners from Singapore, presented a Mock Cross Examination and Submission in a fictional case between a Philippine Company as claimant and London company as respondent and counter-claimant, under the Arbitration rules of the Singapore International Arbitration Center (SIAC).

The next and last fellowship for 2018 will be held on November 22, 2018.

   

CENTRAL LUZON COMMERCIAL ARBITRATION SEMINAR

The Philippine Institute of Arbitrators (PIArb), in collaboration with the Integrated Bar of the Philippines (IBP) Central Luzon Region, conducted a Commercial Arbitration Seminar on August 17-18, 24-25, 2018 at the Quest Hotel, Filinvest-Mimosa Estate, Clarkfield Pampanga.

The Commercial Arbitration Seminar is in line with the joint objectives of PIArb and IBP Central Luzon to actively promote awareness among Philippine lawyers about commercial arbitration as an effective mode of dispute resolution. The topics discussed and their speakers include: Day 1 – Party Autonomy by Prof. Mario E. Valderrama, Applicable Laws by Atty. Myra Angeli A. Gallardo-Batongbakal, and Arbitration Agreements by Atty. Julius Anthony R. Omila. Day 2- Commencing Arbitration, Constituting the Tribunal and Disclosures by Atty. Camille Bianca M. Gatmaitan-Santos, Arbitrator’s Jurisdiction and Powers by Atty. Jesusito G. Morallos, and Roles of Courts by Atty. Dranyl Jared P. Amoroso. Day 3, Procedural Conferences by Atty. Ricardo Ma. P.G. Ongkiko, Arbitral Awards by Atty. Jay Patrick R. Santiago, and Cost and Interest, Multiple parties and Drafting Awards by Atty. Eduardo R. Ceniza.

On Day 4, participants were given a written examination. Examination-passers will be included in the roster of accredited arbitrators of the IBP Central Luzon ADR Center which shall be set up later on by the IBP Central Luzon.

     

July 2018 Fellowship - Early/ Summary Disposition under the SIAC, SCC and ICC Rules

The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, held their joint Fellowship on July 26, 2018, at Quisumbing Torres, in Taguig City.

Mr. Steven Lim, the main speaker, discussed the SIAC, SCC and ICC provisions on early/ summary disposition, the grounds therefor and their implication on due process in international arbitration. By way of reaction, Atty. Roberto N. Dio, Secretary General of the Philippine Dispute Resolution Center Inc. (PDRCI) explained that in the Philippines, there is no express rule on summary disposition, but only expedited procedure under PDRCI Arbitration rules. This however can be remedied by an agreement of the parties in the terms of reference, allowing the tribunal to issue early dismissal or summary judgment in the procedural order.

Before the fellowship ended, PIArb Chairman Ricky Ongkiko administered the oath to the new set of PIArb members.

    

June 2018 Fellowship – The Future of Arbitration for Government Projects: Understanding the Implications of E.O. 78 and its IRR

On June 28, 2018, the Philippine Institute of Arbitrators and the Chartered Institute of Arbitrators East Asia Branch, Philippine Chapter held their Joint Monthly fellowship at Quisumbing Torres Law Offices, Taguig City.

There was a panel discussion on the topic “The Future of Arbitration for Government Projects: Understanding the Implications of E.O. 78 and its IRR”. The panel was composed of representatives from the National Economic Development Authority (NEDA), Public Private Partnership Center of the Philippines (PPP), Philippine Dispute Resolution Center Inc. (PDRCI) Department of Justice Office for Alternative Dispute Resolution (DOJ-OADR), and Department of Transportation (DOTr).

Atty. Dranyl Jared P. Amoroso, PIArb SVP for Advocacies served as the Moderator while Atty. Jerome Coronel, PIArb AVP for Research and Public Information and DOJ-OADR representative, served as the Reactor. PIArb President Atty. Donemark Calimon formally opened the discussion while PIArb Executive Vice President Atty. Jesusito Morallos gave the closing remarks.


CIArb Introduction to Mediation Course 2018

The Chartered Institute of Arbitrators (CIArb) Introduction to Mediation Course was held on May 26, 2018 at Quisumbing Torres in Taguig City, Philippines. The Course was a joint collaboration project of the Philippine Institute of Arbitrators (PIArb) and CIArb East Asia Branch, Philippine Chapter.

A total of about thirty (30) participants attended the Course facilitated by CIArb Assessors Mrs. Mary Bee Jay Thomson and Atty. Teodoro Kalaw IV. Mary is the current Chair of CIArb East Asia Branch while Atty. Kalaw is a Chartered Arbitrator and Accredited Mediator of CIArb, and President Emeritus of PIArb.

The Course was divided into several sessions consisting of lectures, workshops and role-play. Participants also shared their comments and asked questions during the open forum. At the end of the course, each participant received a Certificate of Participation entitling them to take an Online CIArb Assessment. Upon passing, the participant will obtain an Introductory Certificate and be eligible to apply for Associate grade status with the CIArb.

Atty. Donemark Calimon, current President of PIArb gave the closing remarks, after which, fellowship cocktails immediately followed.


May 2018 Fellowship – Discourses in International Arbitration

On May 24, 2018, the Philippine Institute of Arbitrators and the Chartered Institute of Arbitrators East Asia Branch, Philippine Chapter held their Joint Monthly fellowship at Quisumbing Torres Law Offices, Taguig City.

The fellowship was highlighted by talks given by Mr. Anil Changaroth and Mr. KC Lye. Mr. Changaroth discussed about the Arbitration-Mediation-Arbitration Protocol of the Singapore International Mediation Centre (SIMC) and the Singapore International Arbitration Centre (SIAC) and SIAC’s proposal on Cross-Institution Consolidation Protocol (the “Consolidation Proposal”).

Mr. Lye on the other hand, discussed about the laws governing issues on legal privilege, confidentiality and limitation periods in an arbitration proceeding.

   

March 2018 Fellowship -Applied ADR: The West Philippine Sea Dispute

On March 22, 2017, the Philippine Institute of Arbitrators and the Chartered Institute of Arbitrators East Asia Branch, Philippine Chapter held its joint monthly fellowship at Quisumbing Torres. Cocktails were served starting at 5:30 o’clock in the afternoon and resumed after the lecture and open forum.

Prof. Mario E. Valderrama was the main speaker. He discussed extensively the implications of the award rendered by the International Tribunal for the Law of the Sea (or ITLOS) in favor of the Philippines and against China in 2016. He also clarified that the Zonal system in the United Nations Convention on the Law of the Sea (UNCLOS) is focused on the allocation of resources and not territories.

PIArb president Donemark Calimon led the oath-taking of new PIarb members.

  

Cultural and Legal Issues in International Mediation

February 22, 2018, the joint fellowship of Chartered Institute of Arbitrators (CIArb), East Asia Branch, Philippine Chapter, and Philippine Institute of Arbitrators (PIArb) was held at Quisumbing Torres. Atty. Jay Patrick R. Santiago, current PIArb Vice-President for International Initiatives (Hong Kong), and co-chairperson of Young PIArb, was the main speaker.

He discussed the relevance of culture and how cross-cultural differences may affect the process and outcome of an international commercial mediation proceeding. These cultural differences affecting mediation were summed up into Hofstede’s Five Dimensions, namely: Power Distance Index (PDI), Individualism (IDV), Masculinity (MAS), Uncertainty Avoidance Index (UAI), and Long-term Orientation (LTO). He then explained the mediation process, its different stages and legal issues relating to confidentiality, taxation, and enforcement of settlement agreements.

The next joint fellowship is set on March 22, 2018.

  

LPU-PIArb Center for Amicable Resolution of Disputes (CARD) Launched

On February 9, 2018, the Lyceum of the Philippines University (LPU) and the Philippine Institute of Arbitrators (PIArb) formally launched the Center for Amicable Resolution of Disputes during the 1st Annual Center for Amicable Resolution of Disputes International Conference held at the Bayleaf Hotel, Intramuros, Manila.

According to Atty. Teodoro Kalaw IV, PIArb President emeritus and CARD Director, CARD was created as a strategic partnership initiative between LPU and PIArb pursuant to their Memorandum of Agreement dated November 16, 2015. CARD aims to advocate and promote, the use of alternative dispute resolution as the primary mode of settling conflicts between private parties in a Philippine setting, by training a pool of capable neutrals to facilitate dispute resolution as its own distinct interdisciplinary profession. Based on the agreement, the CARD Academic Program leading to a Master of Arts degree with Specialization in Dispute Resolution will be administered by the LPU, while its Development program will be administered by PIArb.

The Conference was well-attended by distinguished guests from the judiciary, (Supreme Court Justice Andres B. Reyes Jr.), and executive departments (Hon. Prospero De Vera III, OIC and Senior Commissioner, Commission on Higher Education). Prof. Anselmo Reyes (International Judge, Singapore International Commercial Court, and Professor of Legal Practice, University of Hong Kong) as the Keynote speaker, discussed about Developments in International Commercial Arbitration. Panel discussions on Third-party Funding and Cultural Differences in International Arbitration were participated in by local and international resource persons. PIArb Executive Vice President Atty. Jesusito Morallos discussed the prospective reforms in ADR Legislation in the Philippines, while Atty. Julius Anthony R. Omila, PIArb Senior Vice President for Development and Deputy Executive Director of the Integrated Bar of the Philippines (IBP) Arbitration Center discussed the latter’s mandate, objectives and prospective programs.

Cultural Differences in International Arbitration and An Update on International Arbitration in Hong Kong

On January 25, 2018, the Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators East Asia Branch Philippine Chapter (CIArb) held their joint fellowship at Quisumbing Torres, the venue sponsor.

This fellowship is the first under the helm of PIArb President Donemark Calimon. In his opening remarks, Pres. Donemark gave a brief explanation of what PIArb is about, and its mission in promoting private modes of dispute resolution in the country. He also encouraged the audience to be actively involved in PIArb.

The main speaker was Mr. James Kwan, an international arbitration practitioner from Hong Kong, with extensive experience in arbitration of energy, construction and technology disputes among others, across the globe, either as arbitrator or arbitration counsel. He gave an interesting discourse on two topics namely, “Cultural differences in International Arbitration” and an update on the 2017 international arbitration cases in Hong Kong.” He also entertained questions from the audience during the open forum.

In his closing remarks, President Emeritus Teddy Kalaw invited the audience to the 1st Annual LPU-PIArb CARD International Conference to be held at Bayleaf Hotel on February 9, 2018. This conference is in line with PIArb’s memorandum of agreement with Lyceum of the Philippine s University (LPU).

  

Joint PIArb and CIArb 2017 Christmas Celebration

The Philippine Institute of Arbitrators (PIArb) and Chartered Institute of Arbitrators (CIArb) East Asia Branch, Philippine Chapter, held their joint Christmas celebration on November 23, 2017, at Sycip Salazar Hernandez Gatmaitan in Makati City.

After a sumptuous lunch, PIArb members and guests participated in the program and games prepared by the Young PIArb. Incoming PIArb President Donemark Calimon gave the welcome remarks. Impromptu song numbers soon followed. The event ended with the Christmas message of PIArb President Ricardo P.G. Ongkiko.

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 offi