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    Philippine Institute of Arbitrators

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    Hershey Gabi
    This document discusses initiating arbitration proceedings. It notes that there are time bars specified in contracts or statutes that must be considered. It also distinguishes between ad hoc and institutional arbitration. For ad hoc arbitration, the typical process is to send a notice of arbitration to the opposing party nominating an arbitrator within the statutory time period. For institutional arbitration, the arbitration is deemed to commence when the notice of arbitration and filing fee are received according to the institution's rules. The document provides examples from ICC and PDRC rules and invites questions from readers.

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    Philippine Institute of Arbitrators

    Uploaded by

    Hershey Gabi
    30 views8 pages
    This document discusses initiating arbitration proceedings. It notes that there are time bars specified in contracts or statutes that must be considered. It also distinguishes between ad hoc and institutional arbitration. For ad hoc arbitration, the typical process is to send a notice of arbitration to the opposing party nominating an arbitrator within the statutory time period. For institutional arbitration, the arbitration is deemed to commence when the notice of arbitration and filing fee are received according to the institution's rules. The document provides examples from ICC and PDRC rules and invites questions from readers.

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    Solar Requirements

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    Solar Requirements

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    This document discusses initiating arbitration proceedings. It notes that there are time bars specified in contracts or statutes that must be considered. It also distinguishes between ad hoc and institutional arbitration. For ad hoc arbitration, the typical process is to send a notice of arbitration to the opposing party nominating an arbitrator within the statutory time period. For institutional arbitration, the arbitration is deemed to commence when the notice of arbitration and filing fee are received according to the institution's rules. The document provides examples from ICC and PDRC rules and invites questions from readers.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    30 views8 pages

    Philippine Institute of Arbitrators

    Uploaded by

    Hershey Gabi
    This document discusses initiating arbitration proceedings. It notes that there are time bars specified in contracts or statutes that must be considered. It also distinguishes between ad hoc and institutional arbitration. For ad hoc arbitration, the typical process is to send a notice of arbitration to the opposing party nominating an arbitrator within the statutory time period. For institutional arbitration, the arbitration is deemed to commence when the notice of arbitration and filing fee are received according to the institution's rules. The document provides examples from ICC and PDRC rules and invites questions from readers.

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    Philippine Institute of Arbitrators

    Involved in Arbitration / ADR?

    We know the different processes.

    We can help you dissect and analyze them,


    refine and combine them, and create hybrid
    procedures to make them suitable for
    particular relationships, as well as to develop
    strategies and point you to the right direction.
    INITIATING AN ARBITRATION

    by

    MARIO E. VALDERRAMA LLB, FCIARb, FHKIArb, FPIArb


    ADR Adviser to the Construction Industry Arbitration Commission
    CIArb Approved Tutor
    CIAC, PDRCI & WESM Arbitrator
    Contact Details
    Tel No 367 4001; Telefax 362 1867
    Mobile 0917 4114 594
    E-mail <[email protected]>
    MATTERS TO CONSIDER

     TIME BARS

     Contractual
     Statutory (usually defaults)

     Type of Arbitration

     Ad hoc – follow the lex arbitri


     Institutional – follow the rules of the institution
    COMMENCING AN AD HOC
    ARBITRATION
     Usually the procedure is as follows:

     Send a Notice (Request, Demand) of Arbitration to the opposing


    party, briefly describing the dispute, nominating an arbitrator and
    requiring the other party to nominate its own arbitrator within a
    statutory time period;

     To commence the procedure for designation of the arbitral tribunal,


    as provided in the arbitration agreement; and

     To require the opposing party to appoint or to concur in the


    appointment of an arbitrator.

     Redfern and Hunter on International Arbitration, pages 244 - 245


    COMMENCING AN AD HOC
    ARBITRATION
     Under Philippine Law

     “Unless otherwise agreed by the parties, the


    arbitral proceedings in respect of a particular
    dispute commence on the date on which a request
    for arbitration is received by the respondent.”
    (Model Law Art. 21).
    COMMENCING AN INSTITUTIONAL
    ARBITRATION
     Generally, their rules provide for the date when an arbitration is
    deemed commenced.

     In ICC: “The date on which the Request is received by the


    Secretariat shall, for all purposes, be deemed to be the date of
    commencement of the arbitral proceedings.” (ICC Rules, Art.
    4.2.)

     In PDRC: “The arbitration shall be deemed to commence on the


    date when PDRCI receives the Notice of Arbitration and the
    payment of the Filing Fee in accordance with the Guidelines on
    Fees, whichever is later.” (PDRC Rules, Art. 4).

    INITIATING AN ARBITRATION

    QUESTIONS?
    Comments and suggestions, critical,
    adverse or otherwise, welcomed.
    I would love to hear from you if you noticed
    any error or omission, or if you have any
    suggestion on how to improve, this
    presentation.
    E-mail to [email protected]. Visit our
    website at <www.philippinearbitrators.org>.
    WANT TO KNOW MORE?
    Attend our courses and seminars
    Contact us for schedules.
    Visit us at [www.philippinearbitrators.org]

    Philippine Institute of Arbitrators


    c/o Atty. Mario E. Valderrama
    Tel. No. (632) 367 4001
    Mobile 0917 4114 594
    E-mail: [email protected]

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