Supreme Court rules that there is no arbitration agreement absent evidence of parties’ clear intention

In Hygienic Packaging Corporation v. Nutri-Asia, Inc., Doing Business under the Name and Style of UFC Philippines, G.R. No. 219708, January 23, 2019, the Supreme Court, Third Division, ruled that there is no arbitration agreement when the evidence fails to show that the parties entered into a contract to submit future disputes to arbitration. On [...]

U.S. Supreme Court rejects “wholly groundless” exception on arbitrability of disputes

In a unanimous decision published on January 8, 2019, the United States Supreme Court ruled on the validity of the “wholly groundless” exception and the delegation of arbitrability questions to an arbitrator. In Henry Schein, Inc. et al. v. Archer & White  Sales, Inc. (586 U.S.   (2019), Justice Kavanaugh’s first opinion, the U.S. Supreme [...]

UMAK awards Certificate of Recognition to PDRCI

PDRCI Deputy Sec. Gen. Francisco Pabilla, Jr. (second from left) receives the Certificate of Recognition from Atty. Jewel Bulos (leftmost), University Secretary and Associate Dean, UMAK School of Law; Makati City Mayor Abigail Binay (center), Makati City Vice Mayor Monique Lagdameo, and Ms. Aurora Serrano, UMAK Vice President for Administration and Finance. UMAK awards Certificate [...]

Supreme Court rules that arbitration is deemed incorporated in contracts under RA 9184

In its Decision dated October 3, 2018 in Tourism Infrastructure and Enterprise Zone Authority v. Global-V Builders Co. (G.R. No. 219708), the Third Division of the Supreme Court affirmed that since the Construction Industry Arbitration Commission’s (“CIAC”) jurisdiction over construction disputes is conferred by law, it cannot be subjected to any condition nor can it [...]

Supreme Court refers tort claims to arbitration and applies arbitration clause to a non-party

In its Decision dated August 1, 2018 in Strickland v. Ernst & Young LLP (G.R. Nos. 193782 and 210695), the Second Division of the Supreme Court affirmed the Court of Appeals’ reversal of the Regional Trial Court (“RTC”) judgment in (a) referring the dispute between the global company Ernst & Young LLP (“EYLLP”) and its [...]

PDRCI to present paper at the 5th AMA Conference in Jakarta

PDRCI Assistant Secretary General Francisco D. Pabilla, Jr. will present a paper on “Learning from Experience: Travails of a Court-annexed Mediator” at the 5th Asian Mediation Association (AMA) Conference on October 24 to 25, 2018 in Jakarta, Indonesia. Mr. Pabilla’s paper is one of twenty papers chosen by the AMA conference committee to be presented [...]