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DOCTRINE - Applicability of The UNCITRAL Model Law in The Philippines, "As Signatory

The Philippines is bound by the UNCITRAL Model Law on International Commercial Arbitration as a signatory to the New York Convention in 1985. The UNCITRAL Model Law is incorporated into Republic Act 9285, making arbitration clauses valid unless contrary to public policy. Republic Act 9285 adopting the UNCITRAL Model Law provides that Philippine courts must refer proper cases to arbitration, confirm foreign arbitral awards according to Supreme Court rules of procedure, and review foreign arbitral awards on specific grounds under the Model Law or domestic awards under Section 25 of Republic Act 876.

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38 views

DOCTRINE - Applicability of The UNCITRAL Model Law in The Philippines, "As Signatory

The Philippines is bound by the UNCITRAL Model Law on International Commercial Arbitration as a signatory to the New York Convention in 1985. The UNCITRAL Model Law is incorporated into Republic Act 9285, making arbitration clauses valid unless contrary to public policy. Republic Act 9285 adopting the UNCITRAL Model Law provides that Philippine courts must refer proper cases to arbitration, confirm foreign arbitral awards according to Supreme Court rules of procedure, and review foreign arbitral awards on specific grounds under the Model Law or domestic awards under Section 25 of Republic Act 876.

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Maria Ligaya
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© Attribution Non-Commercial (BY-NC)
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DOCTRINE Applicability of the UNCITRAL Model Law in the Philippines, As signatory to the Arbitration Rules of the UNCITRAL Model

l Law on International Commercial Arbitration[1][41] of the United Nations Commission on International Trade Law (UNCITRAL) in the New York Convention on June 21, 1985, the Philippines committed itself to be bound by the Model Law. The UNCITRAL Model Law is incorporated in RA 9285, hence, arbitration clause not contrary to public policy. The pertinent features of RA 9285 incorporating the UNCITRAL Model Law: 1. The RTC must refer to arbitration in proper cases; 2. Foreign arbitral awards must be confirmed by the RTC in accordance with the rules of procedure to be promulgated by the Supreme Court; 3. The RTC has jurisdiction to review foreign arbitral awards on provided specific grounds; 4. Grounds for judicial review different in domestic and foreign arbitral awards, grounds for foreign arbitral awards are provided under Art. 34 (2) of the UNCITRAL Model Law while domestic arbitral awards are provided under Sec. 25 of RA 876; and 5. RTC decision of assailed foreign arbitral award appealable to the Court of Appeals which may further be reviewed by the Supreme Court under Rule 45.

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