RA 876

how many days after notice of hearing of such application shall be served either personally or by registered mail upon the party in default before ?

5

T/F: An award shall be made solely on the default of a party.

F

The award must be made how?

in writing and signed and acknowledged by a majority of the arbitrators, if more than one; and by the sole arbitrator, if there is only one.

Form of arbitration agreement

in writing and subscribed by the party sought to be charged, or by his lawful agent.

No party shall select as an arbitrator who is what?

person to act as his champion or to advocate his cause.

Each party shall have an opportunity to reply in writing to any other party's statements and proofs; but if such party fails to do so within seven days after receipt of such statements and proofs, he shall be deemed what?

waived his right to reply

When shall the arbitrators have the power to assess in their award the expenses of any party against another party?

when such assessment shall be deemed necessary.

Procedure by arbitrators. - Subject to the terms of the submission or contract, if any are specified therein, are arbitrators selected as prescribed herein must

within five days after appointment if the parties to the controversy reside within the same city or province, or within fifteen days after appointment if the parties reside in different provinces, set a time and place for the hearing of the matters submitted to them, and must cause notice thereof to be given to each of the parties.

Notice of a motion to vacate, modify or correct the award must be served upon the adverse party or his counsel w/n how many days?

within thirty days after award is filed or delivered, as prescribed by law for the service upon an attorney in an action.

Papers to accompany motion to confirm, modify, correct, or vacate award

(a) The submission, or contract to arbitrate; the appointment of the arbitrator or arbitrators; and each written extension of the time, if any, within which to make the award. (b) A verified copy of the award. (c) Each notice, affidavit, or other paper used upon the application to confirm, modify, correct or vacate such award, and a copy of each of the court upon such application

Exception: No adjournment shall extend the hearing beyond the day fixed in the submission or contract for rendering the award

1. extended by the written agreement of the parties to the submission or contract or their attorneys, 2. parties have continued with the arbitration without objection to such adjournment.

Who shall be permitted by the arbitrators to represent before him or them any party to the arbitration

1. party to said arbitration, or 2. person in the regular employ of such party duly authorized in writing by said party, or 3. practicing attorney-at-law

Disqualifications of arbitrators. (Reasons for challenge)

1. related by blood or marriage within the sixth degree to either party to the controversy. 2. financial, fiduciary or other interest in the controversy or cause to be decided or in the result of the proceeding, 3. personal bias, which might prejudice the right of any party to a fair and impartial award.

The court shall decide all motions, petitions or applications filed under the provisions of this Act, within how many days after such motions, petitions, or applications have been heard by it?

10

Who may submit matters to arbitrators?

2 or more persons where any controversy exist between them which may be the subject of an action or a controversy in a contract.

The Court of First Instance shall appoint an arbitrator or arbitrators, as the case may be, in the following instances:

AgAp-Na3-ID (a) unable to AGREE upon a single arbitrator; or (b) If an arbitrator APPOINTED by the parties is unwilling or unable to serve, and his successor has not been appointed in the manner in which he was appointed; or (c) If either party to the contract fails or refuses to NAME his arbitrator within fifteen days after receipt of the demand for arbitration; or (d) If the arbitrators shall fail to agree upon or to select the THIRD arbitrator. (e) The court shall, in its discretion appoint one or three arbitrators, according to the IMPORTANCE of the controversy involved in any of the preceding cases in which the agreement is silent as to the number of arbitrators. (f) In case of arbitrator DECLINES, the court, shall proceed to appoint a substitute or substitutes for the arbitrator or arbitrators who decline or failed to accept his or their appointments.

after the award is made, until when shall any party to the controversy which was arbitrated may apply to the court having jurisdiction, as provided in section twenty-eight, for an order confirming the award.

At any time within one month

When shall the briefs be filed?

Briefs may filed by the parties within fifteen days after the close of the oral hearings; the reply briefs, if any, shall be filed within five days following such fifteen-day period.

All exhibits shall remain in the custody of the whome during the course of the arbitration and shall be returned to the parties at the time the award is made?

COC

How may an appeal be taken from an order made in a proceeding under this Act, or from a judgment entered upon an award?

Certiorari

When shall the proceeding be dismissed by the court upon petition for arbitration?

Court Finds that no agreement in writing providing for arbitration was made, or that there is no default in the proceeding thereunder

T/F: The arbitrators shall be bound to conform to the Rules of Court pertaining to evidence.

F

T/F: Where an award is vacated, the court, in its discretion, may direct a new hearing either before the same arbitrators and never before a new arbitrator or arbitrators

F. or before a new arbitrator or arbitrators to be chosen in the manner provided in the submission or contract for the selection of the original arbitrator or arbitrators, and any provision limiting the time in which the arbitrators may make a decision shall be deemed applicable to the new arbitration and to commence from the date of the court's order.

When shall the court not submit the matter to arbitration but proceed to summarily hear the issue?

If the making of the agreement or default be in issue

Grounds for modifying or correcting award

Im-Ma-Mi (a) Evident MISCALCULATION of figures, or an evident mistake in the description of any person, thing or property referred to in the award; or (b) Where the arbitrators have awarded upon a MATTER not submitted to them, not affecting the merits of the decision upon the matter submitted; or (c) Where the award is IMPERFECT in a matter of form not affecting the merits of the controversy, and if it had been a commissioner's report, the defect could have been amended or disregarded by the court.

Where a submission or contract provides that two or more arbitrators therein designated or to be thereafter appointed by the parties, may select or appoint a person as an additional arbitrator, the selection or appointment must be in what?

In writing

Grounds for vacating award

MiPaCoPo (a) The award was procured by COrruption, fraud, or other undue means; or (b) That there was evident PArtiality or corruption in the arbitrators or any of them; or (c) That the arbitrators were guilty of MIsconduct in refusing to (1) postpone the hearing upon sufficient cause shown, or in refusing to (2) hear evidence pertinent and material to the controversy; that one or more of the arbitrators was (3) disqualified to act as such under section nine hereof, and wilfully refrained from disclosing such disqualifications or of any other misbehavior by which the rights of any party have been materially prejudiced; or (d) That the arbitrators exceeded their POwers, or so imperfectly executed them, that a mutual, final and definite award upon the subject matter submitted to them was not made.

Where a person capable of entering into a submission or contract has knowingly entered into the same with a person incapable of so doing, may the former object on the ground of incapacity?

No. The incapacity can be taken only in behalf of the person so incapacitated.

The proceedings upon such an appeal, including the judgment thereon shall be governed by what?

Rules of Court in so far as they are applicable.

T/F: Persons having a direct interest in the controversy which is the subject of arbitration shall have the right to attend any hearing; but the attendance of any other person shall be at the discretion of the arbitrators.

T

T/F: The arbitrators shall have the power to decide only those matters which have been submitted to them. The terms of the award shall be confined to such disputes.

T

T/F: The hearing may proceed in the absence of any party who, after due notice, fails to be present at such hearing or fails to obtain an adjournment thereof.

T

Proceeding in lieu of hearing.

They may also submit their respective contentions to the duly appointed arbitrators in writing; this shall include a statement of facts, together with all documentary proof. Parties may also submit a written argument. Each party shall provide all other parties to the dispute with a copy of all statements and documents submitted to the arbitrators. Each party shall have an opportunity to reply in writing to any other party's statements and proofs

Time for rendering award

Unless the parties shall have stipulated by written agreement the time within which the arbitrators must render their award, the written award of the arbitrators shall be rendered within thirty days after the closing of the hearings.This period may be extended by mutual consent of the parties.alf-itc

The submission or contract may include question arising out of what?

Valuation Appraisal Other Controversies w/c may be collateral, incidental, precedent or subsequent to any issue b/wn the parties

When cannot a controversy be arbitrated?

Where one of he parties is a: a) Infant b) Judicially declared to be incompetent, unless petitioned by the guardian or guardian ad litem and approved by a court having jurisdiction

The making of a contract or submission for arbitration described in section two hereof, providing for arbitration of any controversy, shall be deemed what?

a consent of the parties to the jurisdiction of the Court of First Instance of the province or city where any of the parties resides, to enforce such contract or submission.

The hearing can be postponed or adjourned by the arbitrators only by what condition?

agreement of the parties; otherwise, adjournment may be ordered by the arbitrators upon their own motion only at the hearing and for good and sufficient cause.

Arbitrators shall have the power to administer the oaths to whom?

all witnesses requiring them to tell the whole truth and nothing but the truth in any testimony which they may give in any arbitration hearing. This oath shall be required of every witness before any of his testimony is heard.

Exception: An award by the majority of the arbitrators is valid

concurrence of all of them is expressly required in the submission or contract to arbitrate

Controversies or cases not subject to the provisions of this Act

controversies and to cases which are subject to the jurisdiction of the Court of Industrial Relations

If, after appointment but before or during hearing, a person appointed to serve as an arbitrator shall discover any circumstances likely to create a presumption of bias, or which he believes might disqualify him as an impartial arbitrator, the arbitrator shall immediately do what? The parties shall do what thereafter?

disclose such information to the parties. Thereafter the parties may agree in writing: (a) to waive the presumptive disqualifying circumstances; or (b) to declare the office of such arbitrator vacant. Any such vacancy shall be filled in the same manner as the original appointment was made.

In the event that one party defaults in answering the demand, the aggrieved party has what remedy?

file with the Clerk of the Court of First Instance having jurisdiction over the parties, a copy of the demand for arbitration under the contract to arbitrate, with a notice that the original demand was sent by registered mail or delivered in person to the party against whom the claim is asserted.

Arbitrators may, at the commencement of the hearing, ask both parties for what?

for brief statements of the issues in controversy and/or an agreed statement of facts. Thereafter the parties may offer such evidence as they desire, and shall produce such additional evidence as the arbitrators shall require or deem necessary to an understanding and determination of the dispute.

The arbitrators may make an ocular inspection of any matter or premises which are in dispute, but such inspection shall be made only under what condition? Exception?

in the presence of all parties to the arbitration, unless any party who shall have received notice thereof fails to appear, in which event such inspection shall be made in the absence of such party.

Qualifications of arbitrators.

legal age, full-enjoyment of his civil rights and know how to read and write.

Upon confirming an award, where a party has died since it was filed or delivered, the court must enter judgment in the name of whom?

name of the original party; and the proceedings thereupon are the same as where a party dies after a verdict.

If the contract between the parties provides for the appointment of three arbitrators, one to be selected by each party, the demand shall state what?

name the arbitrator appointed by the party making the demand; and shall require that the party upon whom the demand is made shall within fifteen days after receipt thereof advise in writing the party making such demand of the name of the person appointed by the second party; such notice shall require that the two arbitrators so appointed must agree upon the third arbitrator within ten days from the date of such notice.

In the case of a contract to arbitrate future controversies by the service by either party upon the other of a demand for arbitration in accordance with the contract. Such demand shall be set forth

nature of the controversy, amount involved, relief sought, true copy of the contract providing for arbitration

Any party desiring to be represented by counsel is required to do what?

notify the other party or parties of such intention at least five days prior to the hearing

A party aggrieved by the failure, neglect or refusal of another to perform under an agreement in writing providing for arbitration may do what?

petition the court for an order directing that such arbitration proceed in the manner provided for in such agreement.

appeals shall be limited to what?

questions of law

If the arbitrators do not yield to the challenge, the challenging party has what remedy?

renew the challenge before the Court of First Instance of the province or city in which the challenged arbitrator, or, any of them, if there be more than one, resides.

While the challenging incident is discussed before the court, what happens to the hearing or arbitration?

shall be suspended, and it shall be continued immediately after the court has delivered an order on the challenging incident.

If any suit or proceeding be brought upon an issue arising out of an agreement providing for the arbitration thereof, the court in which such suit or proceeding is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration, shall do what?

shall stay the action or proceeding until an arbitration has been had in accordance with the terms of the agreement: Provided, That the applicant, for the stay is not in default in proceeding with such arbitration.

At the close of the hearings, the arbitrators shall do what?

specifically inquire of all parties whether they have any further proof or witnesses to present; upon the receipt of a negative reply from all parties, the arbitrators shall declare the hearing closed unless the parties have signified an intention to file briefs.

Before hearing any testimony, arbitrators must be what?

sworn, by any officer authorized by law to administer an oath

In the event that the parties to an arbitration have, during the course of such arbitration, settled their dispute, they may request of the arbitrators to do what?

that such settlement be embodied in an award which shall be signed by the arbitrators. No arbitrator shall act as a mediator in any proceeding in which he is acting as arbitrator; and all negotiations towards settlement of the dispute must take place without the presence of the arbitrators.

What is the implication of an arbitration being deemed as a special proceeding?

the court specified in the contract or submission, or if none be specified, the Court of First Instance for the province or city in which one of the parties resides or is doing business, or in which the arbitration was held, shall have jurisdiction.

In the event that the contract between the parties provides for the appointment of a single arbitrator,

the demand shall be set forth a specific time within which the parties shall agree upon such arbitrator.

Where a party dies after making a submission or a contract to arbitrate as prescribed in this Act, what happens to the the proceedings?

the proceedings may be begun or continued upon the application of, or notice to, his executor or administrator, or temporary administrator of his estate. In any such case, the court may issue an order extending the time within which notice of a motion to confirm, vacate, modify or correct an award must be served.

The court shall hear the parties, shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement after what condition?

upon being satisfied that the making of the agreement or such failure to comply therewith is not in issue,

When shall the hearing be reopened?

upon good cause, shown at any time before the award is rendered.