Agreement To Arbitrate Form Template for Philippines

The Agreement To Arbitrate Form is a critical legal instrument used in the Philippine business environment when parties wish to establish arbitration as their preferred method of dispute resolution. This document becomes particularly relevant in commercial relationships where parties seek to avoid the time and costs associated with court litigation. The agreement must comply with the Philippines' Alternative Dispute Resolution Act of 2004 (RA 9285) and related legislation, while also considering international arbitration principles if foreign elements are involved. It typically includes comprehensive provisions covering the scope of arbitration, selection of arbitrators, procedural rules, costs, and the binding nature of arbitration awards. This document is commonly used in various commercial contexts, from construction contracts to international trade agreements, and can be either standalone or incorporated into broader commercial agreements.

1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, addresses, and contact details

2. Background: Brief context explaining the relationship between the parties and the purpose of entering into this arbitration agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Agreement to Arbitrate: The core provision where parties explicitly agree to submit disputes to arbitration

5. Scope of Arbitration: Detailed description of what types of disputes are covered by the arbitration agreement

6. Governing Law: Specification that Philippine law governs the agreement and arbitration proceedings

7. Arbitration Rules: Specification of which arbitration rules will apply (e.g., PDRCI Rules, UNCITRAL Rules)

8. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and appointment procedure

9. Seat of Arbitration: Designation of the place of arbitration within the Philippines

10. Language of Arbitration: Specification of the language in which proceedings will be conducted

11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any resulting award

12. Costs: Provisions regarding the allocation of arbitration costs and legal fees

13. Final and Binding Effect: Statement that the arbitration award shall be final and binding on the parties