CHAPTER 8: SPECIAL RULES OF COURT ON ADR

General provisions
1. ADR Act
2. RA 876 (Arbitration Law)
3. Model Law
4. IRR
5. Other sources of ADR rules
These are not the source of authority of SC to enact Special ADR Rules.
Under Constitution, SC has exclusive power and authority to promulgate rules of practice and procedure
subject to condition that they shall not diminish, increase or modify substantive rights.
Authority to enact rules of practice and procedure renders the rules promulgated by SC applicable only to:
1. Proceedings before Philippine courts
2. Proceedings before any quasi-judicial agency which may adopt the rules in a suppletory character
Special ADR Rules are applicable only in proceedings in Philippine courts unlike rules of procedure under ADR
Act which may be adopted in proceedings outside Philippine territorial jurisdiction.

Subject matter and coverage

1. Relief on issue of existence, validity and enforceability of arbitration agreement
2. Referral to ADR
3. Interim measures of protection
4. Appointment or arbitrator
5. Challenge to appointment of arbitrator
6. Termination of mandate of arbitrator
7. Assistance in taking evidence
8. Confirmation, correction or vacation of award in DA
9. Recognition and enforcement or setting aside of an award in ICA
10. Recognition and enforcement of foreign arbitral award
11. Confidentiality/protective orders
12. Deposit and enforcement of mediated settlement agreements
Proceedings are summary in nature
EXCEPTIONS;
1. Those pertain to confirmation or recognition and enforcement of arbitral awards, whether domestic or
ICA or foreign (NON-SUMMARY PROCEEDINGS)
2. Deposit of mediated settlement agreements (not judicial proceeding)

Foregoing procedures are special proceedingsjurisdiction over persons of parties is acquired by court, not
through service of summons, but upon proof of compliance with jurisdiction requirements.
EXCEPTION: deposit for mediated settlement agreements

Petitioner is required to serve copies of petition upon respondent before it is filed in court.
1. Through personal service
2. By courier proof
Summary proceedings
Proceedings are summary in nature
EXCEPTIONS
1. Those pertain to confirmation or recognition
and enforcement of arbitral awards, whether
domestic or ICA or foreign (NON-SUMMARY
PROCEEDINGS)
2. Deposit of mediated settlement agreements
(not judicial proceeding)
As consequence, pleadings, motions or petitions are
not allowed and shall not be accepted for filing and if
inadvertently accepted, should not be considered by
court:
1. Motion to dismiss
2. Motion for bill of particulars
3. Motion for new trial or for reopening of trial
4. Petition for relief from judgment
5. Motion for extension (except in cases where
an ex parte TRO of protection has been
issued; in which case, the adverse party is
amply protected from any delay that may be
caused by extension)
6. Rejoinder to reply (reply is the last pleading to
be flied)
7. Motion to declare a party in default
8. Any other pleading specifically disallowed
under any provision of Special ADR Rules
If inadvertently accepted for filing, motions or
pleadings may be expunged from records of case
Non-summary proceedings
1. Confirmation, correction or vacation of award
in DA
2. Recognition and enforcement of an award in
ICA
3. Recognition and enforcement of a foreign
arbitral award
Technical rules on service of summons (in regular
court proceedings) are not applicable under Special
ADR Rules. Instead, ADR Rules require that initiatory
pleading be filed directly with court which will then
serve a copy to the respondent by personal service or
courier.
If court action already pending, by personal service or
courier upon respondent before it is filed in court.
If courier service not available, registered mail
Special ADR Rules is one of rules where filing and
service of pleadings by electronic means may be
allowed by agreement of partiesRules on Electronic
Evidence

Jurisdiction and venueRTC

1. Place where any party reside/place of business
2. Place where asset or act involved is located
3. NCJR

Fundamental principles adopted by Special ADR Rules

1. Self-determination, party autonomy and promotion of ADR as a means of resolving disputes
2. Preference for arbitrationrequires courts to refer to arbitration parties who have agreed to submit
their disputes and precludes courts from refusing the referral for any of the following and other similar
reasons
a. Referral tends to oust court of its jurisdiction
b. Court is in a better position to resolve the dispute subject of arbitration
c. Referral would result in multiplicity of suits
d. Arbitration proceeding has not commenced
e. Place of arbitration is in a foreign country
f. One or more issues are legal and one or more arbitrators are not lawyers
g. One or more arbitrations are not Philippine nationals
 h. One or more of arbitrators are alleged not to possess the required qualification under the
arbitration agreement or law.
3. Doctrine of separability
4. Freedom to agree on procedure to be followed in the conduct of arbitral proceedingsonly in the
absence of such agreement may arbitral tribunal conduct arbitration in the manner it considers
appropriate
5. COMPETENCE-COMPETENCE PRINCIPLE: arbitral tribunal should be accorded the first opportunity or
competence to rule on issue of WON it has competence or jurisdiction to decide a dispute submitted
to it for decision, including any objection with respect to the existence or validity of arbitration
agreement. Same principle calls upon courts, when asked to rule upon issues affecting the
competence or jurisdiction of an arbitral tribunal in a dispute brought before it, either before or after
the arbitral tribunal is constituted, to exercise judicial restraint and defer to the competence or
jurisdiction of arbitral tribunal by allowing the arbitral tribunal the first opportunity to rule upon such
issues.
6. No arbitrator shall act as mediator in any proceeding in which he is acting as arbitrator and vice versa
However, where parties to mediation have agreed in the written settlement agreement that
mediator shall become sole arbitrator or that settlement agreement shall become an arbitral award,
mediator-arbitrator shall issue the settlement agreement as an arbitral award