Philippines - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. Legislation, Trends and Tendencies
The Department of Justice (“DOJ’) recently issued Circular No. 038 prescribing the fees to be charged by the Office for Alternative Dispute Resolution (“OADR”) in accrediting private ADR organizations, ADR practitioners and public ADR programs in the Philippines. The OADR, an attached agency of the DOJ, was created to promote, develop and expand the use of ADR in the Philippines.3
DOJ Circular No. 038 took effect on October 31, 2014. It was issued pursuant to DOJ Circular No. 494 setting out the guidelines to be adopted by the OADR for the mandatory accreditation of private ADR providers offering their services to or in partnership with government agencies, and for voluntary accreditation of all other ADR providers in the Philippines.
Save for the above developments, international arbitration in the Philippines continues to be governed by the Republic Act No. 9285, or the Alternative Dispute Resolution Act (“ADR Act”), to which no legislative amendment has been made since its enactment in 2004.
A.2 Trends and Tendencies
Recent developments in international arbitration has prompted the OADR to recognize the need to update and improve the ADR Act. During its celebration of the ADR week from December 16 to 19, 2014 entitled “R.A. 9285: 10 Years After, Reflecting on the Past, Building for the Future”, the OADR facilitated a discussion on the limitations of and possible amendments to the ADR Act.
Possible amendments to the ADR Act were raised. These included the adoption of the 2006 amendments to the 1985 UNCITRAL Model Law,5 clarification of the rules on recognition and enforcement of relief granted by an emergency arbitrator,6 and the elimination of the distinction between domestic and international arbitration, particularly with respect to the rules governing the recognition and enforcement of arbitral awards.