Ib.

recognition, Enforcement or Setting

Aside of ICA Awards (Rules 12.1 to 12.14,
Special ADR Rules)

or of the arbitral
proceedings or was otherwise
unable to present his
case;

3. Hearing
The court may conduct the hearing through

b. Or the court finds that:

Govern the recognition and enforcement or
setting aside of an international commercial
arbitral award rendered in the Philippines.

ICA
award
rendered
outside
the
Philippines. It shall be treated as a foreign
arbitral award.

(i) The subject matter of the dispute is not

capable of settlement by arbitration under the
law of the
Philippines; or
(ii) The recognition or enforcement of the
award
would be contrary to public policy.

Causes of Action

(i) the submission of briefs of legal

arguments if the
issue is mainly one of a law;
(ii) the submission of affidavits of
witnesses, reply
affidavits and documents in
support thereof if there are issues of fact
relating to the grounds relied upon
for
the
petition (SUMMARY PROCEEDINGS).

Procedure Rules
a. Recognition and enforcement of an ICA award
1. Petition
b. Setting aside an ICA award
Filed with the Regional Trial Court
The petition for which should be filed
within three (3) months from the time the
petitioner receives a
copy of the ICA award
Judicial correction or modification is not
available
for an ICA award.
The proscription against forum shopping
is also
strictly observed in the filing of
these combined
petitions.
Grounds
a. The party making the application furnishes
proof that:
(i) A party to the arbitration agreement
was under some incapacity,
(ii) The party making the application to set
aside or
resist enforcement was not given
proper notice of
appointment or an arbitrator

(i) where the arbitration proceedings were

conducted;
(ii) where any of the assets to be attached
or levied
upon is located;
(iii) where the act to be parties to the
enjoined will
be or is being performed;
(iv) where any of the parties to the
arbitration resides or has his place of business;
or
(v) in the National Capital Judicial
2. Notice, opposition and reply
Petition is sufficient in form and substance. The
court shall cause a notice and a copy of the
petition to be delivered to the respondent
directing him to file an opposition thereto.

If, on the basis of the petition, the opposition,

the affidavits and reply affidavits, the court finds
a need to conduct an oral hearing, it shall set the
case for hearing during which the affidavits of
witnesses shall take the place of their direct
examination (REGULAR PROCEEDINGS).
4. Suspension of the proceedings
The court, upon motion of party, may suspend
the proceedings in order to give the arbitral
tribunal an opportunity to resume the arbitral
proceedings or take such other action as will
eliminate the grounds for setting aside.
HOWEVER: The court cannot direct the
arbitral tribunal to revise the arbitral award one
way or the other, revise its findings of fact or
conclusions of law, or otherwise encroach upon
the independence of the arbitral
tribunal in
making the final award.
5. Judgment

 The arbitral award carries with it the

presumption of having been made and released
in due course and is subject to enforcement by
the court.
In resolving the petition, the court shall either
set aside or enforce the arbitral award and may
awards costs including attorneys fees.

(Rule 13.1 to 13.12, Special

ADR Rules)
Foreign Arbitral Award
One that is made in a country other than the
Philippines

Philippine courts do not have the authority to

set aside, correct or modify foreign arbitral
awards they having been rendered under the
authority and jurisdiction of another state. This is
rooted in the international law principle of
equality among state.

The court shall not disturb the arbitral

tribunals determination of facts or interpretation
of the law.

Includes an international commercial arbitral

award rendered outside the Phils.

No state can exercise the power to review,

revise, amend, modify, supplant, set aside, Alter ,
revoke or cancel the decision of a foreign court or
tribunal.

6. Relief from court action

Governed by the 1958 New York convention

and Rule 13 of the special ADR Rules.

There is no rule or proceeding for the vacation

or setting aside of foreign arbitral awards.

The court order setting aside, dismissing the

petition to set aside, recognizing and enforcing,
or dismissing the petition to recognize, an ICA
award may be the subject of a motion for
recognition or an appeal, but not of a
petition for certiorari.
A court order suspending the proceedings to
set aside an ICA award and referring the case
back to the arbitral tribunal or adjourning or
deferring a ruling on a petition to set aside or
recognizing and enforcing an ICA award are
susceptible of motions for reconsideration
or petitions for certiorari.
A court order allowing a party to enforce an
award pending appeal, or adjourning or deferring
a ruling on whether to set aside, or recognize and
enforce an ICA award may be the subject of a
petition for certiorari.

Recognition and Enforcement of foreign

Arbitral Awards

Rule 13 of the special ADR Rules

Applicable only to convention and as- in
convention awards.
Not applicable to foreign arbitral awards
rendered in a non-convention country which does
not extend comity or reciprocity to the Philippines
Nevertheless be recognized and enforced
under Section 48, Rule 39 of the 1997 Rules of
civil Procedure
Convention award-is a foreign arbitral award
made in a state which is a party to the New York
convention
As in convention awards-is one which not a
party to the New York convention, maybe
recognized and enforced by Philippine courts by
reasons of comity and reciprocity as if it is a
convention award

Combination of relief is not available.

Grounds which Philippine courts may refuse
recognition and enforcement to foreign
arbitral awards
1 The party making the application to refuse
recognition and enforcement furnishes
proof that
a A party to the arbitration agreement
was under some incapacity, or the said
agreement is not valid under the law to
which the party have subjected to it or,
failing any identification thereof, under
the law of the country where the award
was made.
b The party making the application was
not given proper notice of the
appointment of an arbitrator or was
otherwise unable to present his case
c The award deals with the dispute not
contemplated by or not falling within
the terms of the submission to
2

arbitration or contains decision on

matters beyond the scope of the
submission to arbitration provided that
if the decision on matters submitted to
arbitration can be separated from those
not so submitted, only that part of the
award which contains decision on
matters not submitted to arbitration
maybe refused recognition
d The composition of the arbitral tribunal
or the arbitral procedure was not in
accordance with the agreement of the
parties or falling such agreement was
not in accordance with the law of the
country where arbitration took place.

e The award has not yet become binding

on the parties or has been set aside or
suspended by a court of the country in
which that award was made.
2 Or the court finds that:
a The subject matter of the dispute is not
capable of settlement by arbitration
under Philippine law
b The recognition or enforcement of the
award would be contrary public policy

and as in convention foreign arbitral

awards.
1
2
3
4

Petition
Notice and opposition
Hearing
Decision

Procedural Rules in petitions for the

recognition or enforcement of convention