Non Arbitration Agreement Template for Philippines

The Non-Arbitration Agreement is utilized when parties specifically wish to exclude arbitration from their dispute resolution options under Philippine law. This document becomes particularly relevant in situations where parties prefer the transparency and procedural safeguards of the court system, or when they want to ensure access to appellate review. It's commonly used in business relationships where parties want to maintain their right to litigate disputes through the Philippine court system rather than through private arbitration. The agreement must carefully comply with the Philippine Alternative Dispute Resolution Act of 2004 and related regulations while clearly establishing the parties' intent to opt out of arbitration. This document typically includes specific provisions about court jurisdiction, litigation procedures, and may also address preliminary steps such as mediation or negotiation before proceeding to court.

1. Parties: Identification and details of all parties entering into the non-arbitration agreement

2. Background: Context and circumstances leading to the agreement, including any existing or potential business relationships

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Clear specification of what types of disputes and relationships are covered by the non-arbitration agreement

5. Explicit Waiver of Arbitration: Express statement that parties agree to exclude arbitration as a method of dispute resolution

6. Court Jurisdiction: Specification of which courts shall have jurisdiction over disputes

7. Dispute Resolution Process: Detailed process for resolving disputes through litigation or other non-arbitration methods

8. Governing Law: Specification that Philippine law governs the agreement

9. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

10. Entire Agreement: Clause confirming this document represents the complete agreement between parties

11. Execution: Signature blocks and execution formalities