Conditions For Availment of Relief (Grounds) Who May File When To File Venue Court Action Relief To Court Action

Conditions for
availment of relief
(grounds)
Rule 3 (a):
Judicial
Relief Before
Commencem
ent of
Arbitration
Rule 3 (b):
Judicial
Relief After
Arbitration
Commences
If arbitration
agreement is:
1. Under the
applicable law
2. Invalid
3. Void
4. Unenforceable
5. Inexistent
When the court finds

that the arbitration
agreement is:
1. Invalid
2. Inexistent
3. Unenforceable
As a result of which,
the arbitral tribunal
has no jurisdiction to
resolve the dispute.
Who
may file
Any party
to
an
arbitratio
n
agreemen
t
Any party
to
arbitratio
n
When to file
Venue
At any time prior to

commencement of
arbitration
Regional trial
court of the
place where any
of the
petitioners or
respondents has
his principal
place of
business or
residence
Within 30 days after

having received notice
of that ruling by the
arbitral tribunal.
Regional Trial
Court:
1. Of the
place
where the
arbitratio
n is taking
place; or
Where any of
the petitioners
or respondents
has his principal
place of
business or
residents.
Court Action
The court must exercise
judicial restraint in
accordance with the
policy set forth in rule
2.4, deferring to the
competence or
jurisdiction of the
arbitral tribunal to rule it
competence or
jurisdiction.
Court shall render

judgment on the basis
of the pleadings filed
and the evidence
submitted by the parties
within 30 days from the
time the petition is
submitted for resolution
Relief to
Court Action
Full review of
issue or issues
with due regard
to the standard
for review for
arbitral awards
prescribed in
this special ADR
rules.
The aggrieved
party may file a
motion
for
reconsideration
of the order of
the court.
When an action is filed

in violation of an
arbitration agreement,
whether contained in
an arbitration clause or
in a submission
agreement.
A party to
a pending
action
filed in
violation
of an
arbitratio
n
agreemen
t.
a. Where the
arbitration
agreement
exist before
the action is
filed not later
than the pretrial
conference.
b. Submission
agreement at
any time during
the proceedings.
The nature of the

reasons that the court
shall consider in
granting the relief:
a. the need to
prevent
irreparable loss
or injury
b. the need to
provide security
for the
performance of
any obligation
c. the need to
A party to
an
arbitratio
n
agreemen
t
a. before
arbitration is
commenced
b. after arbitration
is commenced
but before the
constitution of
the arbitral
tribunal; or
c. after
constitution of
tribunal and at
any time during
arbitral
Rule 4:
Referral to
ADR
Rule 5:
Interim
Meastures of
Protection
Regional Trial
Court who has
jurisdiction over
any of the
following places:
a. where the
principal
place of
business
of any of
the
parties to
arbitratio
n is
After hearing, the court

shall stay the action and
considering the
statement of policy
embodied in Rule 2.4,
refer the parties to
arbitration if it finds
prima facie, based on
the pleadings and
supporting documents
submitted by the parties
that there is an
arbitration agreement
and that the subject
matter of the dispute is
capable of settlement or
resolution by arbitration
in accordance with
section 6 of the ADR act
The court shall balance
the relative interest of
the parties and the
inconveniences that
may be caused, and on
that basis resolve the
matter within 30 days
from:
a. submission of the
opposition; or
b. upon lapse of the
period to file the
same; or
c. from termination
Motion for
reconsideration
and/or appeal
or, if warranted,
a petition for
certiorari
produce or
preserve
evidence
d. the need to
compel any
other
appropriate act
or omission.
proceedings.
located
b. where any
of the
parties
who are
individual
s resides
c. where any
of the act
sought to
be
enjoined
are being
performed
,
threatene
d to be
performed
or not
being
performed
; or
d. where the
real
property
subject of
arbitratio
n, or a
portion
thereof is
situated.
of the hearing
that the court
may set only if
there is a need
for clarification of
further argument.
Rule 6:
Appointment
of
Arbitrators
a. Where any of
the parties in an
institutional
arbitration failed
or refused to
appoint,
b. Parties failed to
provide a
method for
appointing or
replacing an
arbitrator,
c. Appointing
authority fails or
refuses to
appoint a third
arbitrator.
Any party
to an
arbitratio
n
After the
conditions are met.
At the option of
petitioner , in
the Regional
Trial Court:
a. where the
principal
place of
business
of any of
the party
is located
b. if any of
the
parties
are
individual
s, where
those
individual
s reside
c. in the
National
Capital
Region
After hearing, if the

court finds merit in the
petition, it shall appoint
an arbitrator; otherwise,
it shall dismiss the
petition
An order of the
court denying
the petition for
appointment of
an arbitrator
may be the
subject of a
motion for
reconsideration,
appeal or
certiorari.
Rule 7:
Challenge to
Appointment
of Arbitrator
Any of the grounds for

challenge provided for
in R.A. 9285 and its
implementing
rules.
R.A. 876 or the model
law.
When an arbitrator is
challenged and the
challenge
is
not
successful,
the
aggrieved party may
request the appointing
authority to rule on
the challenge, and it is
only
when
such
Any of the
appointing
authority
parties to
fails or refuses to act
an
on
such
challenge
arbitratio
within such period as
n
may be allowed under
the applicable rule or
in
the
absence
thereof,
within
30
days from receipt of a
request,
that the
aggrieved party may
renew the challenge in
court.
Regional Trial
Court:
a. where the
principal
place of
business
of any of
the
parties is
located;
b. if any of
the
parties
are
individual
s, where
those
individual
s reside;
c. in the
National
Capital
Region
a. After hearing, the

court shall
remove the
challenged
arbitrator if it
finds merit in the
petition;
otherwise, it shall
dismiss the
petition.
b. The court shall
allow the
challenged
arbitrator who
subsequently
agrees to accept
the challenge to
withdraw as
arbitrator
c. The court shall
accept the
challenge and
remove the
arbitrator in
certain cases.
(Any order of
the court
resolving the
petition shall
immediately be
executor and
shall not be the
subject of a
motion for
reconsideration,
appeal or
certiorari)
Rule 8:
Termination
of the
Mandate of
Arbitrator
Arbitrator become de
jure or de facto unable
to perform his function
or for other reasons
fails to act without
undue delay.
Any of the
parties to
an
Arbitratio
n
If an arbitrator refuses
to withdraw from his
office,
and
subsequently,
the
Appointing Authority
fails or refuses to
decide
on
the
termination,
within
(30) days any of the
parties may file for
termination.
At the
petitioners
option, in the
Regional Trial
Court:
a. Where the
principal
place of
business
of any of
the
parties is
located
b. Where
any of the
parties
who are
individual
resides
c. In the
National
Capital
Region
After hearing, if the

court finds merit in the
petition
,
it
shall
terminate the mandate
of the arbitrator who
refuses
to
withdraw
from
his
office;
otherwise,
it
shall
dismiss the petition.
(Any order of
the
court
resolving
the
petition shall be
immediately
executor
and
shall not be
subject of a
motion
for
reconsideration,
appeal
or
petition
for
certiorari)

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Conditions for

When the court finds

At any time prior to

Within 30 days after

Court shall render

When an action is filed

The nature of the

After hearing, the court

After hearing, if the

Any of the grounds for

a. After hearing, the

After hearing, if the

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