Philippines - Baker & McKenzie International Arbitration Yearbook: 2011-2012
Emmanuel Buenaventura is a Partner in Baker & McKenzie's Manila office and its representative to the Firm’s International Arbitration Practice Group. His practice includes general dispute resolution, tax and customs controversies, corporate rehabilitation and insolvency, labor appellate proceedings, maritime law, intellectual property litigation, administrative and regulatory disputes, mining, arbitration, alternative dispute resolution and sanctions proceedings before international organizations.
Lemuel D. Lopez and Jay Patrick R. Santiago are Associates in Baker & McKenzie’s Manila office. Their practice covers civil, criminal and commercial litigation, taxation, arbitration and alternative dispute resolution.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
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PHILIPPINES
Emmanuel S. Buenaventura, Lemuel D. Lopez and Jay Patrick R. Santiago
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 ADR Rules of Court
In 2004, to respond to the growing complexity of disputes in international commerce, the Philippine Congress enacted Republic Act 9285, otherwise known as the “Alternative Dispute Resolution Act of 2004” (“ADR Act”). Under the ADR Act, actively promoting party autonomy in the resolution of disputes was declared a policy of the state. In 2009, the Department of Justice promulgated its Implementing Rules and Regulations (“IRR of the ADR Act”) to prescribe the procedures and guidelines for the implementation of the ADR Act.
In October 2009, the Supreme Court promulgated the Special Rules of Court on Alternative Dispute Resolution (“ADR Rules of Court”). The ADR Rules of Court are intended to limit court
PHILIPPINES
Emmanuel S. Buenaventura, Lemuel D. Lopez and Jay Patrick R. Santiago
A. Legislation, Trends and Tendencies
A.1 ADR Rules of Court
A.2 IPO Arbitration Rules
A.3 Court-Annexed Mediation
B. Cases
B.1 Jurisdiction of the Arbitral Tribunal vis-a-vis the Trial Court
B.2 Trial Court's Power to Issue Interim Relief
B.3 Enforcement of Foreign Arbitral Award
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy