Supreme Court affirms confidentiality of testimony in arbitration proceedings

In an opinion released on November 21, 2016 in G.R. No. 216600, Federal Express Corporation and Rhicke Jennings v. Airfreight 2100, Inc. and Alberto D. Lina (2016), the Second Division of the Supreme Court held that the alleged slanderous statements made by a witness during the oral hearings in an arbitration were confidential. Hence, the [...]

ustice Brion urges PDRC to bring ADR to the people

Former Supreme Court Justice Arturo D. Brion, who penned a leading case on arbitration prior to his retirement last December 29, 2016, observed in his address at PDRC’s annual general membership meeting last July 25, 2017 that alternative dispute resolution (ADR), particularly arbitration, seemed not to have entered the consciousness of the Filipino public despite [...]

Supreme Court rules that arbitration clause in unsigned but performed contract is valid

In a Decision issued on March 8, 2017 in G.R. No. 211504, Federal Builders, Inc. v. Power Factors, Inc., the Third Division of the Philippine Supreme Court ruled that an agreement to submit a construction dispute to arbitration need not be contained in a signed and finalized construction contract; it is enough that the agreement [...]

NEDA issues IRR of EO 78

On May 12, 2017, the National Economic Development Authority (NEDA) issued the Implementing Rules and Regulations (IRR) of Executive Order No. 78, s. 2012. EO 78 mandates the inclusion of alternative dispute resolution (ADR) mechanisms in all contracts involving public-private partnership (PPP) projects, build-operate and transfer (BOT) projects, and joint venture (JV) agreements between the [...]

Supreme Court rules that a party’s nominee in JVA may invoke arbitration clause

On December 7, 2016, the Second Division of the Philippine Supreme Court affirmed its earlier Decision dated January 11, 2016 in G.R. No. 173137, Bases Conversion and Development Authority (BCDA) v. DMCI Project Developers, Inc. (DMCI PDI), which directed BCDA and North Luzon Railways Corporation (“Northrail”), both government corporations, to submit their dispute with DMCI [...]