Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day

of July, two thousand three.

Republic Act No. 9285 April 2, 2004

AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE

DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES AND TO
ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE
RESOLUTION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

CHAPTER 1 - GENERAL PROVISIONS

SECTION 1. Title. - This act shall be known as the "Alternative

Dispute Resolution Act of 2004."

SEC. 2. Declaration of Policy. - it is hereby declared the policy of

the State to actively promote party autonomy in the resolution of
disputes or the freedom of the party to make their own
arrangements to resolve their disputes. Towards this end, the State
shall encourage and actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve speedy and
impartial justice and declog court dockets. As such, the State shall
provide means for the use of ADR as an efficient tool and an
alternative procedure for the resolution of appropriate cases.
Likewise, the State shall enlist active private sector participation in
the settlement of disputes through ADR. This Act shall be without
prejudice to the adoption by the Supreme Court of any ADR system,
such as mediation, conciliation, arbitration, or any combination
thereof as a means of achieving speedy and efficient means of
resolving cases pending before all courts in the Philippines which
shall be governed by such rules as the Supreme Court may approve
from time to time.

SEC. 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Alternative Dispute Resolution System" means any

process or procedure used to resolve a dispute or controversy,
other than by adjudication of a presiding judge of a court or an
officer of a government agency, as defined in this Act, in which
a neutral third party participates to assist in the resolution of
issues, which includes arbitration, mediation, conciliation, early
neutral evaluation, mini-trial, or any combination thereof;

(b) "ADR Provider" means institutions or persons accredited as

mediator, conciliator, arbitrator, neutral evaluator, or any
person exercising similar functions in any Alternative Dispute
Resolution system. This is without prejudice to the rights of the
parties to choose nonaccredited individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of their dispute.

Whenever reffered to in this Act, the term "ADR practitioners"

shall refer to individuals acting as mediator, conciliator,
arbitrator or neutral evaluator;

(c) "Authenticate" means to sign, execute or adopt a symbol,

or encrypt a record in whole or in part, intended to identity the
authenticating party and to adopt, accept or establish the
authenticity of a record or term;

(d) "Arbitration" means a voluntary dispute resolution process

in which one or more arbitrators, appointed in accordance with
the agreement of the parties, or rules promulgated pursuant to
this Act, resolve a dispute by rendering an award;

(e) "Arbitrator" means the person appointed to render an

award, alone or with others, in a dispute that is the subject of
an arbitration agreement;

(f) "Award" means any partial or final decision by an arbitrator

in resolving the issue in a controversy;

(g) "Commercial Arbitration" An arbitration is "commercial if it

covers matter arising from all relationships of a commercial
nature, whether contractual or not;

(h) "Confidential information" means any information, relative

to the subject of mediation or arbitration, expressly intended by
the source not to be disclosed, or obtained under
circumstances that would create a reasonable expectation on
behalf of the source that the information shall not be disclosed.
It shall include (1) communication, oral or written, made in a
dispute resolution proceedings, including any memoranda,
notes or work product of the neutral party or non-party
participant, as defined in this Act; (2) an oral or written
statement made or which occurs during mediation or for
purposes of considering, conducting, participating, initiating,
continuing of reconvening mediation or retaining a mediator;
and (3) pleadings, motions manifestations, witness statements,
reports filed or submitted in an arbitration or for expert
evaluation;

(i) "Convention Award" means a foreign arbitral award made in

a Convention State;

(j) "Convention State" means a State that is a member of the

New York Convention;
(k) "Court" as referred to in Article 6 of the Model Law shall
mean a Regional Trial Court;

(l) "Court-Annexed Mediation" means any mediation process

conducted under the auspices of the court, after such court
has acquired jurisdiction of the dispute;

(m) "Court-Referred Mediation" means mediation ordered by a

court to be conducted in accordance with the Agreement of the
Parties when as action is prematurely commenced in violation
of such agreement;

(n) "Early Neutral Evaluation" means an ADR process wherein

parties and their lawyers are brought together early in a pre-
trial phase to present summaries of their cases and receive a
nonbinding assessment by an experienced, neutral person,
with expertise in the subject in the substance of the dispute;

(o) "Government Agency" means any government entity, office

or officer, other than a court, that is vested by law with quasi-
judicial power to resolve or adjudicate dispute involving the
government, its agencies and instrumentalities, or private
persons;

(p) "International Party" shall mean an entity whose place of

business is outside the Philippines. It shall not include a
domestic subsidiary of such international party or a coventurer
in a joint venture with a party which has its place of business in
the Philippines.

The term foreigner arbitrator shall mean a person who is not a

national of the Philippines.

(q) "Mediation" means a voluntary process in which a

mediator, selected by the disputing parties, facilitates
communication and negotiation, and assist the parties in
reaching a voluntary agreement regarding a dispute.
(r) "Mediator" means a person who conducts mediation;

(s) "Mediation Party" means a person who participates in a

mediation and whose consent is necessary to resolve the
dispute;

(t) "Mediation-Arbitration" or Med-Arb is a step dispute

resolution process involving both mediation and arbitration;

(u) "Mini-Trial" means a structured dispute resolution method

in which the merits of a case are argued before a panel
comprising senior decision makers with or without the
presence of a neutral third person after which the parties seek
a negotiated settlement;

(v) "Model Law" means the Model Law on International

Commercial Arbitration adopted by the United Nations
Commission on International Trade Law on 21 June 1985;

(w) "New York Convention" means the United Nations

Convention on the Recognition and Enforcement of Foreign
Arbitral Awards approved in 1958 and ratified by the Philippine
Senate under Senate Resolution No. 71;

(x) "Non-Convention Award" means a foreign arbitral award

made in a State which is not a Convention State;

(y) "Non-Convention State" means a State that is not a

member of the New York Convention.

(z) "Non-Party Participant" means a person, other than a party

or mediator, who participates in a mediation proceeding as a
witness, resource person or expert;

(aa) "Proceeding" means a judicial, administrative, or other

adjudicative process, including related pre-hearing motions,
conferences and discovery;
 (bb) "Record" means an information written on a tangible
medium or stored in an electronic or other similar medium,
retrievable form; and

(cc) "Roster" means a list of persons qualified to provide ADR

services as neutrals or to serve as arbitrators.

SEC. 4. Electronic Signatures in Global and E-Commerce Act. -

The provisions of the Electronic Signatures in Global and E-
Commerce Act, and its implementing Rules and Regulations shall
apply to proceeding contemplated in this Act.

SEC. 5. Liability of ADR Provider and Practitioner. - The ADR

providers and practitioners shall have the same civil liability for the
Acts done in the performance of then duties as that of public officers
as provided in Section 38 (1), Chapter 9, Book of the Administrative
Code of 1987.

SEC. 6. Exception to the Application of this Act. - The provisions

of this Act shall not apply to resolution or settlement of the following:
(a) labor disputes covered by Presidential Decree No. 442,
otherwise known as the Labor Code of the Philippines, as amended
and its Implementing Rules and Regulations; (b) the civil status of
persons; (c) the validity of a marriage; (d) any ground for legal
separation; (e) the jurisdiction of courts; (f) future legitime; (g)
criminal liability; and (h) those which by law cannot be
compromised.

CHAPTER 2 - MEDIATION

SEC. 7. Scope. - The provisions of this Chapter shall cover

voluntary mediation, whether ad hoc or institutional, other than
court-annexed. The term "mediation' shall include conciliation.

SEC. 8. Application and Interpretation. - In applying construing

the provisions of this Chapter, consideration must be given to the
need to promote candor or parties and mediators through
confidentiality of the mediation process, the policy of fostering
prompt, economical, and amicable resolution of disputes in
accordance with the principles of integrity of determination by the
parties, and the policy that the decision-making authority in the
mediation process rests with the parties.

SEC. 9. Confidentiality of Information. - Information obtained

through mediation proceedings shall be subject to the following
principles and guidelines:

(a) Information obtained through mediation shall be privileged

and confidential.

(b) A party, a mediator, or a nonparty participant may refuse to

disclose and may prevent any other person from disclosing a
mediation communication.

(c) Confidential Information shall not be subject to discovery

and shall be inadmissible if any adversarial proceeding,
whether judicial or quasi-judicial, However, evidence or
information that is otherwise admissible or subject to discovery
does not become inadmissible or protected from discovery
solely by reason of its use in a mediation.

(d) In such an adversarial proceeding, the following persons

involved or previously involved in a mediation may not be
compelled to disclose confidential information obtained during
mediation: (1) the parties to the dispute; (2) the mediator or
mediators; (3) the counsel for the parties; (4) the nonparty
participants; (5) any persons hired or engaged in connection
with the mediation as secretary, stenographer, clerk or
assistant; and (6) any other person who obtains or possesses
confidential information by reason of his/her profession.

(e) The protections of this Act shall continue to apply even of a

mediator is found to have failed to act impartially.
 (f) a mediator may not be called to testify to provide
information gathered in mediation. A mediator who is
wrongfully subpoenaed shall be reimbursed the full cost of his
attorney's fees and related expenses.

SEC. 10. Waiver of Confidentiality. - A privilege arising from the

confidentiality of information may be waived in a record, or orally
during a proceeding by the mediator and the mediation parties.

A privilege arising from the confidentiality of information may

likewise be waived by a nonparty participant if the information is
provided by such nonparty participant.

A person who discloses confidential information shall be precluded

from asserting the privilege under Section 9 of this Chapter to bar
disclosure of the rest of the information necessary to a complete
understanding of the previously disclosed information. If a person
suffers loss or damages in a judicial proceeding against the person
who made the disclosure.

A person who discloses or makes a representation about a

mediation is preclude from asserting the privilege under Section 9,
to the extent that the communication prejudices another person in
the proceeding and it is necessary for the person prejudiced to
respond to the representation of disclosure.

SEC. 11. Exceptions to Privilege. -

(a) There is no privilege against disclosure under Section 9 if

mediation communication is:

(1) in an agreement evidenced by a record authenticated

by all parties to the agreement;

(2) available to the public or that is made during a

session of a mediation which is open, or is required by
law to be open, to the public;
 (3) a threat or statement of a plan to inflict bodily injury or
commit a crime of violence;

(4) internationally used to plan a crime, attempt to

commit, or commit a crime, or conceal an ongoing crime
or criminal activity;

(5) sought or offered to prove or disprove abuse, neglect,

abandonment, or exploitation in a proceeding in which a
public agency is protecting the interest of an individual
protected by law; but this exception does not apply where
a child protection matter is referred to mediation by a
court or a public agency participates in the child
protection mediation;

(6) sought or offered to prove or disprove a claim or

complaint of professional misconduct or malpractice filed
against mediator in a proceeding; or

(7) sought or offered to prove or disprove a claim of

complaint of professional misconduct of malpractice filed
against a party, nonparty participant, or representative of
a party based on conduct occurring during a mediation.

(b) There is no privilege under Section 9 if a court or

administrative agency, finds, after a hearing in camera, that
the party seeking discovery of the proponent of the evidence
has shown that the evidence is not otherwise available, that
there is a need for the evidence that substantially outweighs
the interest in protecting confidentiality, and the mediation
communication is sought or offered in:

(1) a court proceeding involving a crime or felony; or

(2) a proceeding to prove a claim or defense that under

the law is sufficient to reform or avoid a liability on a
contract arising out of the mediation.
 (c) A mediator may not be compelled to provide evidence of a
mediation communication or testify in such proceeding.

(d) If a mediation communication is not privileged under an

exception in subsection (a) or (b), only the portion of the
communication necessary for the application of the exception
for nondisclosure may be admitted. The admission of particular
evidence for the limited purpose of an exception does not
render that evidence, or any other mediation communication,
admissible for any other purpose.

SEC. 12. Prohibited Mediator Reports. - A mediator may not

make a report, assessment, evaluation, recommendation, finding, or
other communication regarding a mediation to a court or agency or
other authority that make a ruling on a dispute that is the subject of
a mediation, except:

(a) Where the mediation occurred or has terminated, or where

a settlement was reached.

(b) As permitted to be disclosed under Section 13 of this

Chapter.

SEC. 13. Mediator's Disclosure and Conflict of Interest. - The

mediation shall be guided by the following operative principles:

(a) Before accepting a mediation, an individual who is

requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the

circumstances to determinate whether there are any
known facts that a reasonable individual would consider
likely to affect the impartiality of the mediator, including a
financial or personal interest in the outcome of the
mediation and any existing or past relationship with a
party or foreseeable participant in the mediation; and
 (2) disclosure to the mediation parties any such fact
known or learned as soon as is practical before accepting
a mediation.

(b) If a mediation learns any fact described in paragraph (a) (1)

of this section after accepting a mediation, the mediator shall
disclose it as soon as practicable.

At the request of a mediation party, an individual who is requested

to serve as mediator shall disclose his/her qualifications to mediate
a dispute.

This Act does not require that a mediator shall have special
qualifications by background or profession unless the special
qualifications of a mediator are required in the mediation agreement
or by the mediation parties.

SEC. 14. Participation in Mediation. - Except as otherwise

provided in this Act, a party may designate a lawyer or any other
person to provide assistance in the mediation. A lawyer of this right
shall be made in writing by the party waiving it. A waiver of
participation or legal representation may be rescinded at any time.

SEC. 15. Place of Mediation. - The parties are free to agree on the
place of mediation. Failing such agreement, the place of mediation
shall be any place convenient and appropriate to all parties.

SEC. 16. Effect of Agreement to Submit Dispute to Mediation

Under Institutional Rules. - An agreement to submit a dispute to
mediation by any institution shall include an agreement to be bound
by the internal mediation and administrative policies of such
institution. Further, an agreement to submit a dispute to mediation
under international mediation rule shall be deemed to include an
agreement to have such rules govern the mediation of the dispute
and for the mediator, the parties, their respective counsel, and
nonparty participants to abide by such rules.
In case of conflict between the institutional mediation rules and the
provisions of this Act, the latter shall prevail.

SEC. 17. Enforcement of Mediated Settlement Agreement. - The

mediation shall be guided by the following operative principles:

(a) A settlement agreement following successful mediation

shall be prepared by the parties with the assistance of their
respective counsel, if any, and by the mediator.

The parties and their respective counsels shall endeavor to

make the terms and condition thereof complete and make
adequate provisions for the contingency of breach to avoid
conflicting interpretations of the agreement.

(b) The parties and their respective counsels, if any, shall sign
the settlement agreement. The mediator shall certify that
he/she explained the contents of the settlement agreement to
the parties in a language known to them.

(c) If the parties so desire, they may deposit such settlement

agreement with the appropriate Clerk of a Regional Trial Court
of the place where one of the parties resides. Where there is a
need to enforce the settlement agreement, a petition may be
filed by any of the parties with the same court, in which case,
the court shall proceed summarily to hear the petition, in
accordance with such rules of procedure as may be
promulgated by the Supreme Court.

(d) The parties may agree in the settlement agreement that the
mediator shall become a sole arbitrator for the dispute and
shall treat the settlement agreement as an arbitral award which
shall be subject to enforcement under Republic Act No. 876,
otherwise known as the Arbitration Law, notwithstanding the
provisions of Executive Order No. 1008 for mediated dispute
outside of the CIAC.
 CHAPTER 3 - OTHER ADR FORMS

SEC. 18. Referral of Dispute to other ADR Forms. - The parties

may agree to refer one or more or all issues arising in a dispute or
during its pendency to other forms of ADR such as but not limited to
(a) the evaluation of a third person or (b) a mini-trial, (c) mediation-
arbitration, or a combination thereof.

For purposes of this Act, the use of other ADR forms shall be
governed by Chapter 2 of this Act except where it is combined with
arbitration in which case it shall likewise be governed by Chapter 5
of this Act.

CHAPTER 4 - INTERNATIONAL COMMERCIAL ARBITRATION

SEC. 19. Adoption of the Model Law on International

Commercial Arbitration. - International commercial arbitration
shall be governed by the Model Law on International Commercial
Arbitration (the "Model Law") adopted by the United Nations
Commission on International Trade Law on June 21, 1985 (United
Nations Document A/40/17) and recommended approved on
December 11, 1985, copy of which is hereto attached as Appendix
"A".

SEC. 20. Interpretation of Model Law. - In interpreting the Model

Law, regard shall be had to its international origin and to the need
for uniformity in its interpretation and resort may be made to
the travaux preparatories and the report of the Secretary General of
the United Nations Commission on International Trade Law dated
March 25, 1985 entitled, "International Commercial Arbitration:
Analytical Commentary on Draft Trade identified by reference
number A/CN. 9/264."

SEC. 21. Commercial Arbitration. - An arbitration is "commercial"

if it covers matters arising from all relationships of a commercial
nature, whether contractual or not. Relationships of a transactions:
any trade transaction for the supply or exchange of goods or
services; distribution agreements; construction of works;
commercial representation or agency; factoring; leasing, consulting;
engineering; licensing; investment; financing; banking; insurance;
joint venture and other forms of industrial or business cooperation;
carriage of goods or passengers by air, sea, rail or road.

SEC. 22. Legal Representation in International Arbitration. - In

international arbitration conducted in the Philippines, a party may be
presented by any person of his choice. Provided, that such
representative, unless admitted to the practice of law in the
Philippines, shall not be authorized to appear as counsel in any
Philippine court, or any other quasi-judicial body whether or not
such appearance is in relation to the arbitration in which he
appears.

SEC. 23. Confidential of Arbitration Proceedings. - The

arbitration proceedings, including the records, evidence and the
arbitral award, shall be considered confidential and shall not be
published except (1) with the consent of the parties, or (2) for the
limited purpose of disclosing to the court of relevant documents in
cases where resort to the court is allowed herein. Provided,
however, that the court in which the action or the appeal is pending
may issue a protective order to prevent or prohibit disclosure of
documents or information containing secret processes,
developments, research and other information where it is shown
that the applicant shall be materially prejudiced by an authorized
disclosure thereof.

SEC. 24. Referral to Arbitration. - A court before which an action

is brought in a matter which is the subject matter of an arbitration
agreement shall, if at least one party so requests not later that the
pre-trial conference, or upon the request of both parties thereafter,
refer the parties to arbitration unless it finds that the arbitration
agreement is null and void, inoperative or incapable of being
performed.
SEC. 25. Interpretation of the Act. - In interpreting the Act, the
court shall have due regard to the policy of the law in favor of
arbitration. Where action is commenced by or against multiple
parties, one or more of whom are parties who are bound by the
arbitration agreement although the civil action may continue as to
those who are not bound by such arbitration agreement.

SEC. 26. Meaning of "Appointing Authority.". - "Appointing

Authority" as used in the Model Law shall mean the person or
institution named in the arbitration agreement as the appointing
authority; or the regular arbitration arbitration institution under
whose rules the arbitration is agreed to be conducted. Where the
parties have agreed to submit their dispute to institutional arbitration
rules, and unless they have agreed to a different procedure, they
shall be deemed to have agreed to procedure under such arbitration
rules for the selection and appointment of arbitrators. In ad hoc
arbitration, the default appointment of an arbitrator shall be made by
the National President of the Integrated Bar of the Philippines (IBP)
or his duly authorized representative.

SEC. 27. What Functions May be Performed by Appointing

Authority. - The functions referred to in Articles 11(3), 11(4), 13(3)
and 14(1) of the Model Law shall be performed by the Appointing
Authority, unless the latter shall fail or refuse to act within thirty (30)
days from receipt of the request in which case the applicant may
renew the application with the Court.

SEC. 28. Grant of Interim Measure of Protection. -

(a) It is not incompatible with an arbitration agreement for a

party to request, before constitution of the tribunal, from a
Court an interim measure of protection and for the Court to
grant such measure. After constitution of the arbitral tribunal
and during arbitral proceedings, a request for an interim
measure of protection or modification thereof, may be made
with the arbitral tribunal or to the extent that the arbitral tribunal
has no power to act or is unable to act effectively, the request
may be made with the Court. The arbitral tribunal is deemed
constituted when the sole arbitrator or the third arbitrator who
has been nominated, has accepted the nomination and written
communication of said nomination and acceptance has been
received by the party making request.

(b) The following rules on interim or provisional relief shall be

observed:

(1) Any party may request that provision relief be granted

against the adverse party:

(2) Such relief may be granted:

(i) to prevent irreparable loss or injury:

(ii) to provide security for the performance of any

obligation;

(iii) to produce or preserve any evidence; or

(iv) to compel any other appropriate act or omission.

(3) The order granting provisional relief may be

conditioned upon the provision of security or any act or
omission specified in the order.

(4) Interim or provisional relief is requested by written

application transmitted by reasonable means to the Court
or arbitral tribunal as the case may be and the party
against whom the relief is sought, describing in
appropriate detail the precise relief, the party against
whom the relief is requested, the grounds for the relief,
and evidence supporting the request.

(5) The order shall be binding upon the parties.

 (6) Either party may apply with the Court for assistance in
Implementing or enforcing an interim measure ordered by
an arbitral tribunal.

(7) A party who does not comply with the order shall be
liable for all damages resulting from noncompliance,
including all expenses, and reasonable attorney's fees,
paid in obtaining the order's judicial enforcement.

SEC. 29. Further Authority for Arbitrator to Grant Interim

Measure of Protection. - Unless otherwise agreed by the parties,
the arbitral tribunal may, at the request of a party, order any party to
take such interim measures of protection as the arbitral tribunal may
consider necessary in respect of the subject matter of the dispute
following the rules in Section 28, paragraph 2. Such interim
measures may include but shall not be limited to preliminary
injuction directed against a party, appointment of receivers or
detention, preservation, inspection of property that is the subject of
the dispute in arbitration. Either party may apply with the Court for
assistance in implementing or enforcing an interim measures
ordered by an arbitral tribunal.

SEC. 30. Place of Arbitration. - The parties are free to agree on

the place of arbitration. Failing such agreement, the place of
arbitration shall be in Metro Manila, unless the arbitral tribunal,
having regard to the circumstances of the case, including the
convenience of the parties shall decide on a different place of
arbitration.

The arbitral tribunal may, unless otherwise agreed by the parties,

meet at any place it considers appropriate for consultation among
its members, for hearing witnesses, experts, or the parties, or for
inspection of goods, other property or documents.

SEC. 31. Language of the Arbitration. - The parties are free to

agree on the language or languages to be used in the arbitral
proceedings. Failing such agreement, the language to be used shall
be English in international arbitration, and English or Filipino for
domestic arbitration, unless the arbitral tribunal shall determine a
different or another language or languages to be used in the
proceedings. This agreement or determination, unless otherwise
specified therein, shall apply to any written statement by a party,
any hearing and any award, decision or other communication by the
arbitral tribunal.

The arbitral tribunal may order that any documentary evidence shall
be accompanied by a translation into the language or languages
agreed upon by the parties or determined in accordance with
paragraph 1 of this section.

CHAPTER 5 - DOMESTIC ARBITRATION

SEC. 32. Law Governing Domestic Arbitration. - Domestic

arbitration shall continue to be governed by Republic Act No. 876,
otherwise known as "The Arbitration Law" as amended by this
Chapter. The term "domestic arbitration" as used herein shall mean
an arbitration that is not international as defined in Article (3) of the
Model Law.

SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11,

12, 13, 14, 18 and 19 and 29 to 32 of the Model Law and Section 22
to 31 of the preceding Chapter 4 shall apply to domestic arbitration.

CHAPTER 6 - ARBITRATION OF CONSTRUCTION DISPUTES

SEC. 34. Arbitration of Construction Disputes: Governing

Law. - The arbitration of construction disputes shall be governed by
Executive Order No. 1008, otherwise known as the Constitution
Industry Arbitration Law.

SEC. 35. Coverage of the Law. - Construction disputes which fall

within the original and exclusive jurisdiction of the Construction
Industry Arbitration Commission (the "Commission") shall include
those between or among parties to, or who are otherwise bound by,
an arbitration agreement, directly or by reference whether such
parties are project owner, contractor, subcontractor, quantity
surveyor, bondsman or issuer of an insurance policy in a
construction project.

The Commission shall continue to exercise original and exclusive

jurisdiction over construction disputes although the arbitration is
"commercial" pursuant to Section 21 of this Act.

SEC. 36. Authority to Act as Mediator or Arbitrator. - By written

agreement of the parties to a dispute, an arbitrator may act as
mediator and a mediator may act as arbitrator. The parties may also
agree in writing that, following a successful mediation, the mediator
shall issue the settlement agreement in the form of an arbitral
award.

SEC. 37. Appointment of Foreign Arbitrator. - The Construction

Industry Arbitration Commission (CIAC) shall promulgate rules to
allow for the appointment of a foreign arbitrator or coarbitrator or
chairman of a tribunal a person who has not been previously
accredited by CIAC: Provided, That:

(a) the dispute is a construction dispute in which one party is

an international party

(b) the person to be appointed agreed to abide by the

arbitration rules and policies of CIAC;

(c) he/she is either coarbitrator upon the nomination of the

international party; or he/she is the common choice of the two
CIAC-accredited arbitrators first appointed one of whom was
nominated by the international party; and

(d) the foreign arbitrator shall be of different nationality from

the international party.

SEC. 38. Applicability to Construction Arbitration. - The

provisions of Sections 17 (d) of Chapter 2, and Section 28 and 29 of
this Act shall apply to arbitration of construction disputes covered by
this Chapter.

SEC. 39. Court to Dismiss Case Involving a Construction

Dispute. - A regional trial court which a construction dispute is filed
shall, upon becoming aware, not later than the pretrial conference,
that the parties had entered into an arbitration to be conducted by
the CIAC, unless both parties, assisted by their respective counsel,
shall submit to the regional trial court a written agreement exclusive
for the Court, rather than the CIAC, to resolve the dispute.

CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL AWARDS

A. DOMESTIC AWARDS

SEC. 40. Confirmation of Award. - The confirmation of a domestic

arbitral award shall be governed by Section 23 of R.A. 876.

A domestic arbitral award when confirmed shall be enforced in the

same manner as final and executory decisions of the Regional Trial
Court.

The confirmation of a domestic award shall be made by the regional

trial court in accordance with the Rules of Procedure to be
promulgated by the Supreme Court.

A CIAC arbitral award need not be confirmed by the regional trial

court to be executory as provided under E.O. No. 1008.

SEC. 41. Vacation Award. - A party to a domestic arbitration may

question the arbitral award with the appropriate regional trial court in
accordance with the rules of procedure to be promulgated by the
Supreme Court only on those grounds enumerated in Section 25 of
Republic Act No. 876. Any other ground raised against a domestic
arbitral award shall be disregarded by the regional trial court.

B. FOREIGN ARBITRAL AWARDS

SEC. 42. Application of the New York Convention. - The New
York Convention shall govern the recognition and enforcement of
arbitral awards covered by the said Convention.

The recognition and enforcement of such arbitral awards shall be

filled with regional trial court in accordance with the rules of
procedure to be promulgated by the Supreme Court. Said
procedural rules shall provide that the party relying on the award or
applying for its enforcement shall file with the court the original or
authenticated copy of the award and the arbitration agreement. If
the award or agreement is not made in any of the official languages,
the party shall supply a duly certified translation thereof into any of
such languages.

The applicant shall establish that the country in which foreign

arbitration award was made is a party to the New York Convention.

If the application for rejection or suspension of enforcement of an

award has been made, the regional trial court may, if it considers it
proper, vacate its decision and may also, on the application of the
party claiming recognition or enforcement of the award, order the
party to provide appropriate security.

SEC. 43. Recognition and Enforcement of Foreign Arbitral

Awards Not Covered by the New York Convention. - The
recognition and enforcement of foreign arbitral awards not covered
by the New York Convention shall be done in accordance with
procedural rules to be promulgated by the Supreme Court. The
Court may, grounds of comity and reciprocity, recognize and
enforce a nonconvention award as a convention award.

SEC. 44. Foreign Arbitral Award Not Foreign Judgment. - A

foreign arbitral award when confirmed by a court of a foreign
country, shall be recognized and enforced as a foreign arbitral
award and not a judgment of a foreign court.
A foreign arbitral award, when confirmed by the regional trial court,
shall be enforced as a foreign arbitral award and not as a judgment
of a foreign court.

A foreign arbitral award, when confirmed by the regional trial court,

shall be enforced in the same manner as final and executory
decisions of courts of law of the Philippines.

SEC. 45. Rejection of a Foreign Arbitral Award. - A party to a

foreign arbitration proceeding may oppose an application for
recognition and enforcement of the arbitral award in accordance
with the procedural rules to be promulgated by the Supreme Court
only on those grounds enumerated under Article V of the New York
Convention. Any other ground raised shall be disregarded by the
regional trial court.

SEC. 46. Appeal from Court Decisions on Arbitral Awards. - A

decision of the regional trial court confirming, vacating, setting
aside, modifying or correcting an arbitral award may be appealed to
the Court of Appeals in accordance with the rules of procedure to be
promulgated by the Supreme Court.

The losing party who appeals from the judgment of the court
confirming an arbitral award shall required by the appealant court to
post counterbond executed in favor of the prevailing party equal to
the amount of the award in accordance with the rules to be
promulgated by the Supreme Court.

SEC. 47. Venue and Jurisdiction. - Proceedings for recognition

and enforcement of an arbitration agreement or for vacation, setting
aside, correction or modification of an arbitral award, and any
application with a court for arbitration assistance and supervision
shall be deemed as special proceedings and shall be filled with the
regional trial court (i) where arbitration proceedings are conducted;
(ii) where the asset to be attached or levied upon, or the act to be
enjoined is located; (iii) where any of the parties to the dispute
resides or has his place of business; or (iv) in the National Judicial
Capital Region, at the option of the applicant.

SEC. 48. Notice of Proceeding to Parties. - In a special

proceeding for recognition and enforcement of an arbitral award, the
Court shall send notice to the parties at their address of record in
the arbitration, or if any party cannot be served notice at such
address, at such party's last known address. The notice shall be
sent at least fifteen (15) days before the date set for the initial
hearing of the application.

CHAPTER 8 - MISCELLANEOUS PROVISIONS

SEC. 49. Office for Alternative Dispute Resolution. - There is

hereby established the Office for Alternative Dispute Resolution as
an attached agency to the Department of Justice (DOJ) which shall
have a Secretariat to be headed by an executive director. The
executive director shall be appointed by the President of the
Philippines.

The objective of the office are:

(a) to promote, develop and expand the use of ADR in the

private and public sectors; and

To assist the government to monitor, study and evaluate the use by

the public and the private sector of ADR, and recommend to
Congress needful statutory changes to develop. Strengthen and
improve ADR practices in accordance with world standards.

SEC. 50. Powers and Functions of the Office for Alternative

Dispute Resolution. - The Office for Alternative Dispute Resolution
shall have the following powers and functions:

(a) To formulate standards for the training of the ADR

practitioners and service providers;
 (b) To certify that such ADR practitioners and ADR service
providers have undergone the professional training provided
by the office;

(c) To coordinate the development, implementation,

monitoring, and evaluation of government ADR programs;

(d) To charge fees for their services; and

(e) To perform such acts as may be necessary to carry into

effect the provisions of this Act.

SEC. 51. Appropriations. - The amount necessary to carry out the

provisions of this Act shall be included in the General Appropriations
Act of the year following its enactment into law and thereafter.

SEC. 52. Implementing Rules and Regulations (IRR). - Within

one (1) month after the approval of this Act, the secretary of justice
shall convene a committee that shall formulate the appropriate rules
and regulations necessary for the implementation of this Act. The
committee, composed of representatives from:

(a) the Department of Justice;

(b) the Department of Trade and Industry;

(c) the Department of the Interior and Local Government;

(d) the president of the Integrated Bar of the Philippines;

(e) A representative from the arbitration profession; and

(f) A representative from the mediation profession; and

(g) A representative from the ADR organizations

shall within three (3) months after convening, submit the IRR to the
Joint Congressional Oversight Committee for review and approval.
The Oversight Committee shall be composed of the chairman of the
Senate Committee on Justice and Human Rights, chairman of the
House Committee on Justice, and one (1) member each from the
majority and minority of both Houses.

The Joint Oversight Committee shall become functus officio upon

approval of the IRR.

SEC. 53. Applicability of the Katarungan Pambarangay. - This

Act shall not be interpreted to repeal, amend or modify the
jurisdiction of the Katarungan Pambarangay under Republic Act No.
7160, otherwise known as the Local Government Code of 1991.

SEC. 54. Repealing Clause. - All laws, decrees, executive orders,

rules and regulations which are inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.

SEC. 55. Separability Clause. - If for any reason or reasons, any

portion or provision of this Act shall be held unconstitutional or
invalid, all other parts or provisions not affected shall thereby
continue to remain in full force and effect.

SEC. 56. Effectivity. - This act shall take effect fifteen days (15)
after its publication in at least two (2) national newspapers of
general circulation.