Law Summary
Definitions of Key Terms
- "Alternative Dispute Resolution System": Any non-judicial dispute resolution involving a neutral third party (e.g., arbitration, mediation).
- "ADR Provider": Accredited or chosen individuals performing ADR functions.
- "Authenticate": Signing or certifying records.
- "Arbitration": Voluntary dispute resolution by arbitrators rendering awards.
- "Commercial Arbitration": Covers commercial relations, contractual or not.
- "Confidential Information": Information meant to be undisclosed in ADR.
- Definitions also cover mediation, evaluators, awards, parties, communication, and procedural terminology.
Electronic Signatures
- Electronic Signatures in Global and E-Commerce Act applies to ADR proceedings.
Liability of ADR Practitioners
- ADR providers/practitioners have civil liability akin to public officers under Administrative Code.
Exceptions to ADR Application
- ADR excludes:
- Labor disputes under Labor Code.
- Civil status, marriage validity, legal separation.
- Court jurisdiction issues.
- Criminal liability and matters not subject to compromise.
Mediation Provisions
- Covers voluntary mediation including mediation and conciliation, excluding court-annexed.
- Confidentiality principle protects information in mediation from discovery or disclosure.
- Mediators must disclose conflicts or interests impacting impartiality.
- Parties may be represented by lawyers or others; waiver rights preserved.
- Parties decide mediation location; if none, a convenient place is chosen.
- Settlement agreements to be signed, explained by mediator, may be court-deposited and enforced judicially.
Other ADR Forms
- Parties may refer disputes to evaluation, mini-trial, med-arb, etc.
- Governed by mediation or arbitration provisions as applicable.
International Commercial Arbitration
- Governed by the UNCITRAL Model Law.
- Extensive scope covering commercial relationships.
- Parties may choose representatives; non-lawyers cannot appear in courts.
- Confidentiality of proceedings maintained except with parties’ consent or court requirements.
- Courts must refer disputes to arbitration if an arbitration agreement exists.
- Arbitrator appointments governed by institutional rules or IBP president if ad hoc.
- Courts and tribunals may grant interim measures to protect rights or evidence.
- Places and languages of arbitration agreed by parties or otherwise determined by tribunal.
Domestic Arbitration
- Governed by Republic Act No. 876, amended by this Act.
- Certain Model Law provisions apply to domestic arbitration as specified.
Construction Disputes Arbitration
- Governed by Executive Order No. 1008 (Construction Industry Arbitration Law).
- Jurisdiction of Construction Industry Arbitration Commission (CIAC) exclusive.
- Allows appointment of foreign arbitrators under conditions.
- Courts to dismiss cases involving construction dispute if arbitration agreement exists, referring to CIAC.
Arbitration Procedures and Enforcement
- Domestic arbitral awards confirmed, enforced like final court judgments.
- Foreign awards governed by New York Convention or procedural rules for non-convention awards.
- Special grounds exist to reject awards, following international standards.
- Appeals from courts' decisions on awards proceed to Court of Appeals.
- Venue for arbitration-related special proceedings specified.
- Courts must notify parties of arbitration enforcement process.
Office for Alternative Dispute Resolution (OADR)
- Established under DOJ with Executive Director.
- Objectives: promote ADR use, monitor, recommend statutory improvements.
- Powers: Training standards, certification, program coordination, fee charging.
Appropriations and Implementing Rules
- Funding included in General Appropriations Act.
- Secretary of Justice to convene committee to draft implementing rules.
- Committee includes government and ADR representatives; rules subject to Congressional Oversight Committee approval.
Other Provisions
- Katarungang Pambarangay jurisdiction preserved.
- Repealing clause nullifies inconsistent laws.
- Separability clause protects Act if parts are invalidated.
- Effectivity 15 days post publication in national newspapers.