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Applicable Law Arbitration Agreement

Applicable Law Arbitration Agreement Template for Philippines

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Key Requirements PROMPT example:

Applicable Law Arbitration Agreement

"I need an Applicable Law Arbitration Agreement under Philippine law for a joint venture between our Singapore-based technology company and a Philippine manufacturing firm, with specific provisions for emergency arbitration and intellectual property disputes."

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Document background
The Applicable Law Arbitration Agreement is a crucial document for businesses operating in or with connections to the Philippines, providing a structured framework for dispute resolution through arbitration. This agreement is particularly relevant in light of the Philippines' developed arbitration framework under Republic Act No. 9285 and its adoption of the UNCITRAL Model Law. It specifies Philippine law as the governing law while incorporating international best practices in arbitration. The document is commonly used in commercial contracts where parties seek an alternative to court litigation, offering a balanced approach that combines local law compliance with international enforceability. It includes essential elements such as arbitrator selection, procedural rules, and enforcement mechanisms, while remaining adaptable to specific business needs and industry requirements.
Suggested Sections

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

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement, including 'Arbitration', 'Dispute', 'Rules', 'Seat', etc.

4. Scope of Arbitration: Types of disputes covered by the arbitration agreement

5. Governing Law: Explicit statement that Philippine law governs the substantive matters of any dispute

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

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

8. Language of Arbitration: Specification that proceedings will be conducted in English or Filipino

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

10. Conduct of Arbitration: Basic procedures for initiating and conducting the arbitration

11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and materials

12. Costs: Allocation of arbitration costs and legal fees

13. Awards: Provisions regarding the nature and enforcement of arbitral awards

14. Signatures: Execution block for all parties

Optional Sections

1. Interim Measures: Provisions allowing parties to seek interim relief from courts while arbitration is pending - include when high-value or complex disputes are anticipated

2. Emergency Arbitrator: Procedures for appointing an emergency arbitrator for urgent relief - relevant for agreements involving time-sensitive matters

3. Multi-tier Dispute Resolution: Steps for negotiation or mediation before arbitration - useful for long-term commercial relationships

4. Joinder and Consolidation: Provisions for adding parties or combining related arbitrations - relevant for multi-party transactions

5. Expert Determination: Provisions for technical matters to be referred to expert determination - useful for industry-specific agreements

6. Appeals Procedure: Optional provisions for appeals within the arbitration framework - relevant for high-stakes disputes

Suggested Schedules

1. Schedule 1: Arbitration Rules: Complete set of chosen arbitration rules, if not incorporating by reference

2. Schedule 2: Fee Schedule: Detailed breakdown of administrative fees and arbitrator fees

3. Schedule 3: Model Notice of Arbitration: Template for initiating arbitration proceedings

4. Appendix A: Arbitrator Qualifications: Specific requirements and qualifications for potential arbitrators

5. Appendix B: Timeline: Standard timeline for various stages of the arbitration process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Arbitration
Arbitral Tribunal
Arbitrator
Award
Business Day
Claim
Confidential Information
Costs
Dispute
Emergency Arbitrator
Force Majeure
Governing Law
Interim Measures
Language of Arbitration
Notice
Notice of Arbitration
Parties
Philippine Law
Place of Arbitration
Proceedings
Rules
Seat of Arbitration
Secretary of the Tribunal
Statement of Claim
Statement of Defense
Tribunal-Appointed Experts
UNCITRAL Rules
Working Days
Writing
Emergency Relief
Institutional Rules
Mediation
Multi-party Arbitration
New York Convention
Preliminary Conference
Alternative Dispute Resolution Act
Arbitration Law
Civil Code
Counter-claim
Relevant Industries

Construction

Manufacturing

Financial Services

Technology

Energy

Infrastructure

Real Estate

International Trade

Maritime

Mining

Telecommunications

Retail

Healthcare

Agriculture

Transportation

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Corporate Affairs

Business Development

International Operations

Procurement

Contract Administration

Executive Leadership

Corporate Governance

Relevant Roles

Legal Counsel

General Counsel

Contract Manager

Chief Legal Officer

Compliance Officer

Risk Manager

Commercial Director

Business Development Manager

Chief Executive Officer

Chief Operating Officer

Project Manager

Corporate Secretary

Head of Legal

International Business Manager

Procurement Manager

Industries
Republic Act No. 9285: The Alternative Dispute Resolution Act of 2004 - This is the primary legislation governing arbitration in the Philippines, providing the framework for alternative dispute resolution methods including arbitration
UNCITRAL Model Law: The Philippines has adopted the UNCITRAL Model Law on International Commercial Arbitration, which provides the basic framework for international arbitration proceedings
New York Convention: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) - The Philippines is a signatory, ensuring enforcement of foreign arbitral awards
Republic Act No. 876: The Arbitration Law - While largely superseded by RA 9285, some provisions remain relevant for domestic arbitration
Civil Code of the Philippines: Particularly Articles 1305-1422 regarding contracts in general, as these provide the basic framework for the validity and enforcement of agreements
Special Rules of Court on Alternative Dispute Resolution: These rules implement RA 9285 and provide detailed procedures for court assistance in arbitration matters
Department of Justice Circular No. 98-2009: Guidelines on the accreditation of Alternative Dispute Resolution providers and training programs
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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