Institutional Arbitration in the Philippines

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Who has the authority to determine the costs of legal representation and assistance?

The parties to the arbitration

The court

The arbitral tribunal (correct)

The appointing authority

When the arbitral tribunal issues an order for the termination of the arbitral proceedings or makes an award on agreed terms, what does it do with respect to the costs of arbitration?

It requests the appointing authority to determine the costs

It does not have the authority to determine the costs

It fixes the costs of arbitration in the context of that order or award (correct)

It leaves the costs to be determined by the parties

What can the arbitral tribunal do during the course of the arbitral proceedings?

Request supplementary deposits from the parties

Determine the final costs of arbitration

Consult with the appointing authority about the amount of deposits

All of the above (correct)

What is the purpose of the arbitral tribunal requesting each party to deposit an equal amount as an advance for the costs?

To ensure that the parties have sufficient funds to cover the costs of arbitration Signup and view all the answers

What role does the appointing authority play in the determination of the costs of arbitration?

The arbitral tribunal shall consult with the appointing authority, which may make comments on the amount of deposits and supplementary deposits Signup and view all the answers

What is the main purpose of the arbitral tribunal requesting deposits and supplementary deposits from the parties?

To provide funds for the costs of the arbitration referred to in paragraphs (b), (c) and (d) of this Article Signup and view all the answers

When must the claimant state the facts supporting their claim?

Before the respondent states his/her defense Signup and view all the answers

Can the parties amend or supplement their claims during the arbitral proceedings?

Yes, only if the arbitral tribunal allows it Signup and view all the answers

Under what circumstances can the arbitral tribunal decide not to hold oral hearings?

If both parties prefer written proceedings Signup and view all the answers

At what stage of the proceedings should the arbitral tribunal hold hearings?

At any time upon request of a party Signup and view all the answers

What can parties submit along with their statements during arbitration proceedings?

Documents they consider relevant to the case Signup and view all the answers

When is it inappropriate to allow amendment or supplementation of claims during arbitration?

When there is significant delay in making the amendment Signup and view all the answers

What is the definition of institutional arbitration according to the text?

Arbitration administered by a domestic corporation registered with the SEC that regularly engages in arbitration of disputes in the Philippines Signup and view all the answers

What is the definition of a 'Request for Appointment' according to the text?

A request to the appointing authority of either or both parties for the appointment of an arbitrator or arbitrators Signup and view all the answers

Who is considered a 'Representative'?

A person duly authorized in writing by a party to a dispute, who could be a counsel, a person in his/her employ or any other person of his/her choice Signup and view all the answers

What is the definition of a 'Respondent' according to the text?

The person/s against whom the claimant commences arbitration Signup and view all the answers

What is the definition of 'Written communication' according to the text?

The pleading, motion, manifestation, notice, order, award and any other document or paper submitted or filed with the arbitral tribunal or delivered to a party Signup and view all the answers

What is the definition of 'Early Neutral Evaluation' according to the text?

An ADR process where parties and their lawyers present summaries of their cases and receive a non-binding assessment by an experienced neutral person with expertise in the subject matter or substance of the dispute Signup and view all the answers

What is one of the reasons why interim or provisional relief may be granted?

To prevent irreparable loss or injury Signup and view all the answers

What must be included in a written application requesting interim or provisional relief?

Details of the precise relief sought Signup and view all the answers

What can an order granting interim or provisional relief be conditioned upon?

The provision of security or specific acts/omissions Signup and view all the answers

Who is bound by the decision to grant or deny an application for interim relief?

Both parties involved in the arbitration Signup and view all the answers

What can a party do if they do not comply with the order for interim relief?

Seek assistance from the court for enforcement Signup and view all the answers

In which circumstances can interim or provisional relief be requested?

To prevent irreparable loss or injury Signup and view all the answers

What action may the Regional Trial Court take if a petition for suspension of enforcement of an arbitral award is made after it has recognized the award?

Suspend the proceedings and order security provision Signup and view all the answers

When a counter-petition for rejection of an arbitral award is filed by a party, what action can the Regional Trial Court take if it considers the counter-petition valid?

Remit the award to the arbitral tribunal and suspend recognition proceedings Signup and view all the answers

What is the process for appealing a decision of the Regional Trial Court regarding an arbitral award?

Appeal to the Court of Appeals Signup and view all the answers

In what situation may a Regional Trial Court remit an arbitral award to the arbitral tribunal for further action?

When objections to a counter-petition can be rectified or cured Signup and view all the answers

What is required for a party seeking suspension of enforcement of an arbitral award according to the text?

Providing appropriate security on request Signup and view all the answers

What action can the Regional Trial Court take on an application of a party claiming recognition or enforcement of an arbitral award?

Order the other party seeking suspension to provide security Signup and view all the answers