ADR

1. ADR vs CDR

Conventional dispute resolution

This is alternative to resolving dispute

2. There are several alternative to going to court

3. RA 876 (1953)

This is our very first arbitration law

4. ADR

(1) Arbitration is only one of them

(2) This is not labor arbitration

This one refers to commercial arbitration (RA 9285

Labor arbitration is excluded because it is covered by another law

(3) There is a distinction between arbitration agreement vs submission agreements

Academically and in actual practice

(4) To provide for the appointment of arbitrators (not arbiters)

(5) And the procedure for arbitration

(6) In civil controversies

Criminal cases cannot be arbitrated

 (7) There are 3 types of arbitration in the Philippines. RA 876 deals exclusively with domestic
arbitration

The importance of knowing whether the arbitration is domestic or not is on the remedies
available

In other words, the remedies of the winning or losing party will depend upon the nature of the
arbitration

5. What is arbitration?

It is nothing but private judging

But arbitration has a technical definition

It is a narrow field. It is a practice of minority of lawyers

The judgment is binding on the parties even if they do not like the judgment

In arbitration, there is a private person called the arbitrator

Take out the judge from the picture, and replace him with a private person

That arbitrator, by mandate of the law, even if he is a private person can render judgment, which is
binding and enforceable against the parties

The law allows this kind of procedure (arbitration) of resolving dispute

6. NAIA 3 went to arbitration in Washington DC

German Court

7. International Center for the Settlement of International Dispute (ICSID)

8. FIATCO filed arbitration before SIAC
It was administered under the international rules of
9.