- Require attendance of any person
- To subpoena witnesses and documents when relevancy and materiality has been demonstrated
- Notice of such motion must be served upon the adverse party or his attorney as prescribed by law for the service of such notice upon an attorney in action in the same court.
- file the following papers with the Clerk of Court;
- Fiesta World Mall Corporation v. Linberg Philippines
- Del Monte Corp. vs. CA 351 scra 373
- Att vs. ca 300 scra 579
- Luzon development bank vs. Luzon dev't bank employees 249 scra 162
- Chongfu industries vs. ca 206 scra 545
- Adamson vs. ca 232 scra 602
- National steel corporation vs. rtc lanao del norte 304 scra 595
Summary
May the parties seek interim reliefs from the Court?
Last meeting, we've said yes! From Section 28 of the ADR law
But from RA 876: Section 14
May the arbitrators grant interim reliefs?
When the contract provides so!
Is there hierarchy of remedies? Get it from the court first or from the arbitrators first?
Sabi ni sir last meeting wala. It is a choice of forum.
Interim relief may be obtained either from the arbitrators or from the court.
If a party is interested in applying for an injunctive relief, based on Section 14, where could the party apply for it?
If the arbitrators deny, could the party apply before the court for the same interim relief?
YES sabi last meeting.
Ff up question: ISN'T it FORUM SHOPPING?
Luzon Case: Eto ata ang may kasagutan sa tanong na ito…
Common Impression: the arbitral tribunal is inferior to the RTC. So should apply for the relief first sa Arbitrators then RTC.
So are arbitrators inferior? Where did you get that?
Sec. 29. Appeals. An appeal may be taken from an order made in a proceeding under this Act, or from a judgment entered upon an award through certiorari proceedings, but such appeals shall be limited to questions of law. The proceedings upon such an appeal, including the judgment thereon shall be governed by the Rules of Court in so far as they are applicable.
-the said provision seems to say that awards rendered by arbitral tribunal are subject to review on appeal by the RTC
OKAY SI SIR NA:
Under the present state of the law, Section 14 of RA 876 is still in force, but there is Section 28 in ADR law which clarified the matters of interim relief.
Where to obtain
*Arb tribunal
*Court
IS THERE A HIERARCHY of sources where it can be obtained?
Not easy to answer.
ADR Law: from court
>when arb tribunal has no power
>when arb unable to act effectively
---so dapat a arb muna? It's difficult to answer that
Court has the powers of the state at their hand. Can grant interim reliefs agad. If resist, punish by contempt.
Vs
Arbitral tribunal: does not have the same coercive power behind it.
If try to restrain something imminent from happening? Go to court para mabilis!
Problem kasi if Arb tribunal: you don't have a sheriff
If the arbitral tribunal denies your application, then can you go to the court and ask for the same relief?
Forum shopping daw! SO BAWAL PALA. WEH…
*all these would change if the arb clause injects something else.
E.g. power of arbitrators to grant interim relief - may be removed by the parties
In the arbitration proceedings, what are the powers of the arbitrator?
Sec. 14. Subpoena and subpoena duces tecum.
Arbitrators shall have the power to require any person to attend a hearing as a witness. They shall have the power to subpoena witnesses and documents when the relevancy of the testimony and the materiality thereof has been demonstrated to the arbitrators. Arbitrators may also require the retirement of any witness during the testimony of any other witness. All of the arbitrators appointed in any controversy must attend all the hearings in that matter and hear all the allegations and proofs of the parties; but an award by the majority of them is valid unless the concurrence of all of them is expressly required in the submission or contract to arbitrate. The arbitrator or arbitrators shall have the power at any time, before rendering the award, without prejudice to the rights of any party to petition the court to take measures to safeguard and/or conserve any matter which is the subject of the dispute in arbitration.
SO FROM SECTION 14:
SIR: Subject to the arbitration clause, anything that the court could do may be done by the arbitrators - even if the arbitrators are not lawyers….
| Interim award | Final Award |
| Equivalent to provisional remedies | Equivalent to judgments |
| Awarded by the arbitration court pending the arbitration clause | Decision on the merits |
May an arbitrator cite witnesses for contempt?
Sabi last time NO.
Power of contempt is the power solely of the court, since this is not a judicial branch it cannot do so. UNLESS expressly granted by the law.
Eto ung last time: NO. Not judicial nor is it provided by law. Since it is punitive in nature, it should be expressly granted by law.
Are the periods stated in the RA 876 cast on stones?
NO. still subject to the arbitration clause
May the parties stipulate longer or shorter periods?
YES.
IS COURT CONFIRMATION REQUIRED FOR THE AWARD TO BE VALID?
No. Once the award is rendered, and the losing party voluntarily complies with it, then ok na.
+ Section 23: Any party "may apply" to the court for an order confirming the award
If the other party refuses to comply?
Apply for confirmation
When should the application be made?
w/n 1 month from the date the award is made
What is the effect if the winning party fails to apply for confirmation w/n 1 month (i.e. is the 1 month period a prescriptive period)?
| It's a prescriptive period | It's not a prescriptive period |
| Estopped if did not apply for confirmation | Could enforce it as a final judment |
Sec. 23. Confirmation of award.
At any time within one month after the award is made, any party to the controversy which was arbitrated may apply to the court having jurisdiction, as provided in section twenty-eight, for an order confirming the award;
and thereupon the court must grant such order
unless the award is vacated, modified or corrected, as prescribed herein.
Notice of such motion must be served upon the adverse party or his attorney as prescribed by law for the service of such notice upon an attorney in action in the same court.
SIR: law not clear. No statement of effect if beyond 1 month
What if the parties fix a period for making the award but the arbitrators failed to make the award w/n the said period, what would happen?
What is the period within which the courts should render judgment?
90 days FROM THE TIME THE CASE IS SUBMITTED FOR DISPUTE!!!
Basis?
ASSIGNMENT UN!
What is the effect if the judge fails to render judgment beyond 90 days? Would it render the court w/o jurisdiction over the case?
YES. The 90 day period is merely DIRECTORY. Even if the judge fails to issue the decision beyond the period, it could still render judgment. Pero may mga administrative consequence pag ganito.
So balik sa Arbitration: what is the effect?
SIR: The failure of an arbitral panel would not deprive the arbitral panel further authority to decide the case. The arbitral panel would not be punctus officio
Court MUST CONFIRM award unless the award is vacated, modified, or corrected.
What are the requisites for confirming the award?
Under Sec. 23. Confirmation of award.
Sec. 28. Papers to accompany motion to confirm, modify, correct, or vacate award.
(a) The submission, or contract to arbitrate; the appointment of the arbitrator or arbitrators; and each written extension of the time, if any, within which to make the award.
(b) A verified of the award.
(c ) Each notice, affidavit, or other paper used upon the application to confirm, modify, correct or vacate such award, and a copy of each of the court upon such application.
Do you have to submit the entire arbitration records to the court to support the arb award?
No. Confidential!
What are the grounds for modifying an award?
Sec. 25. Grounds for modifying or correcting award.
In any one of the following cases, the court must make an order modifying or correcting the award, upon the application of any party to the controversy which was arbitrated:
(a) Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property referred to in the award; or
(b) Where the arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision upon the matter submitted; or
(c) Where the award is imperfect in a matter of form not affecting the merits of the controversy, and if it had been a commissioner's report, the defect could have been amended or disregarded by the court.
The order may modify and correct the award so as to effect the intent thereof and promote justice between the parties.
On the 2nd & 3rd ground: NOTE "NOT AFFECTING THE MERITS OF THE AWARD"
(a) Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property referred to in the award; or
e.g. awarded P5M but the award stated P500M
Where to file motion for modification or correction?
Section 25: court
Ff up: can you file it with the arbitral tribunal?
YES. Matter subject for modification is not substantial
What are the ground for vacating an arbitral award?
SEC 24.
(a) The award was procured by corruption, fraud, or other undue means; or
(b) That there was evident partiality or corruption in the arbitrators or any of them; or
(c) That the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; that one or more of the arbitrators was disqualified to act as such under section nine hereof, and willfully refrained from disclosing such disqualifications or of any other misbehavior by which the rights of any party have been materially prejudiced; or
(d) That the arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final and definite award upon the subject matter submitted to them was not made.
What should the court do if it grants an application for vacating the award?
Court should make order for vacating the award. Where an award is vacated, the court, in its discretion, may direct a new hearing either
>before the same arbitrators or
>before a new arbitrator or arbitrators
...to be chosen in the manner provided in the submission or
...contract for the selection of the original arbitrator or arbitrators,
and any provision limiting the time in which the arbitrators may make a decision shall be deemed applicable to the new arbitration and to commence from the date of the court's order.
Could the court, in the interest of speedy disposition of justice, render a judgment and not order arbitrators to arbitrate again? So render a decision in lieu of the vacated award?
YES: CA did so in NPC vs. CA, PECORP
+ court, "in its discretion", may direct a new hearing -
NO:
*Grounds for vacating the award pertains to the manner that the award was rendered, not the merits or substance of the award.
Section 15: Arbitrator is the sole judge of the relevancy and materiality of the evidence presented before it
Section 22: tanong ulit kay "Rica" Cantre
Section 27: enumerated lang ang mga judgment na pede gawin ng courts
"Upon the granting of an order confirming, modifying or correcting an award, judgment may be entered in conformity therewith in the court wherein said application was filed."
Pag confirming: di naman papalitan award
Pag modifying and correcting: doesn't go to the substance of the award
-walang sinasabing "VACATING"
Implication: the court cannot enter a judgment aside from order to vacate
Section 24: clear that only judgment to vacate, not to make judgment
*when the parties enter an arb agreeement, they intended to undergo arbitration
RULE 43: Appeals of civil actions
Different from vacating an award: which refers to the defect in the manner in rendering an award (on the arbitrator's characteristics)
(sorry, was not listening….i did not catch what was being talked about…re: question of Ms. Poblacion)
CASES na!
LM Power
-what is an arbitrable issue?
*SC: this involves interpretation and implementation of the contract: WON certain provisions of their contract could be applied to facts - mas maganda if it be referred to a technical body who are experts in the field, i.e. the arbitrators, though courts not divested with jurisdiction
Sequence of events:
There was a contract
There was an arbitration clause
There was a dispute
So proceed with arbitration
NAPOCOR vs. CA, PECORP
ON CA: CA resolved the issues after saying they are all arbitrable. SC affirmed CA's decision
Is this correct? We already said earlier that it was not!
California vs. Pioneer
This ruling shows that even if the insurer is not privy to the contract of carriage and even if it's right in claiming against the seller /shipper accrues from the payment of the insurance and not from the charter party, it could still use the arbitration clause in the charter party
SIR: This ruling does not explicitly say that a party not privy to a contract but is a subrogee creates a vinculum juris between the former party and the subrogee (merely an obiter)
Art. 1311, NCC.
Contracts take effect only between the parties, their assigns and heirs…
Associated Bank vs. CA
RATIO: BANKS IMPLICITLY AGREE TO ARBITRATE WITH MERE PARTICIPATION IN THE OPERATION OF PCHC
Assignment for next week:
Then RA 9285
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