Mutual Agreement To Arbitrate Template for Philippines

The Mutual Agreement to Arbitrate is a critical legal document used in the Philippines when parties wish to establish arbitration as their preferred method of dispute resolution. This agreement is particularly relevant in business relationships where parties seek to avoid lengthy and costly court litigation. The document is structured in accordance with the Philippine Alternative Dispute Resolution Act of 2004 (RA 9285) and draws authority from the Civil Code of the Philippines and international arbitration conventions. It includes essential provisions for arbitration procedures, arbitrator selection, confidentiality, and enforcement mechanisms. The agreement is commonly used in both domestic and international business relationships, employment contracts, commercial transactions, and various business arrangements where efficient dispute resolution is crucial.

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

2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the arbitration agreement

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Arbitration', 'Dispute', 'Award', etc.

4. Agreement to Arbitrate: Core provision establishing mutual consent to submit disputes to arbitration and waiver of right to litigate

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

6. Arbitration Rules: Specification of which arbitration rules will govern (e.g., PDRCI Rules, UNCITRAL Rules) and any modifications

7. Arbitrator Selection: Process for selecting arbitrators, including number of arbitrators and qualification requirements

8. Arbitration Proceedings: Basic procedures for initiating and conducting arbitration, including location, language, and timeframes

9. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any related documents

10. Costs and Fees: Allocation of arbitration costs, including arbitrators' fees, administrative costs, and legal representation

11. Award: Provisions regarding the nature of the award, its binding effect, and enforcement

12. Governing Law: Specification of Philippine law as governing law and reference to relevant legislation

13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

14. Execution: Signature blocks and execution formalities