Supreme Court rules that subsequent dispute resolution clause does not supersede arbitration clause

In a decision rendered on August 7, 2019 in G.R. No. 18849, Camp John Hay Development Corporation v. Charter Chemical and Coating Corporation, the Supreme Court (SC) ruled that the dispute resolution clause in the parties’ subsequent contracts, stipulating that “[a]ll actions involving this Contract shall be instituted only in the proper courts of Pasig [...]

PDRCI, IBP President explore ADR cooperation

PDRC Secretary General Roberto Dio and Asst. Sec. Gen. Francisco Pabilla, Jr. met last December with Integrated Bar of the Philippines (IBP) President Egon Cayosa and Philippine International Center for Conflict Resolution (PICCR) President Sixto Antonio to explore how they could work together to promote alternative dispute resolution (ADR), particularly arbitration. PDRC gave the IBP [...]

PDRCI shares views on application of Singapore Convention in the Philippines

PDRC Sec. Gen. Roberto Dio PDRCI Secretary General Roberto Dio spoke on the domestic application of the Singapore Convention on Mediation in the Philippines at a colloquium hosted by the Department of Justice on December 9, 2019 at the Diamond Hotel Manila. The colloquium aimed to generate awareness of the benefits of adopting the United [...]

U.S. Court of Appeals allows discovery of evidence for use in foreign arbitrations

By Lindolf F. de Castro In its January 2020 issue, Financier Worldwide reported that U.S. federal courts now allow parties to apply discovery procedure in U.S. courts to produce evidence in a foreign or international tribunal through 28 U.S.C. Section 1782. Section 1782 grants a petitioner the right to request a U.S. federal court to [...]

PDRCI partners with IPOPHL to arbitrate intellectual property disputes

Atty. Salvador Panga, Jr. responding to a question by one of the participants. PDRCI has collaborated with the Intellectual Property Office of the Philippines (IPOPhl) in holding a five-day intellectual property (IP) and arbitration seminar for lawyers and non-lawyers. Sixty-three participants, most of them lawyers who earned mandatory continuing legal education (MCLE) credits, joined the [...]

Chief Justice sees arbitration as viable alternative to litigation

By: Francisco Pabilla, Jr. In his speech at the PDRCI General Membership Meeting on July 11, 2019, Chief Justice Lucas Bersamin affirmed that arbitration offers a better alternative than litigation in settling disputes for business and industry. The Chief Justice said that while the benefits of alternative modes of dispute resolution (ADR) like arbitration had [...]

Department of Justice expands criminal cases subject of compulsory mediation

On July 17, 2019, the Department of Justice (DOJ) issued the 2019 Rules on Mediation in the National Prosecution. Under the new rules, the civil aspect of criminal complaints for simple theft, qualified theft, estafa, criminal negligence resulting in damage to property, and violations of the Bouncing Checks Law shall be referred to mandatory mediation when [...]