Voluntary Arbitration Agreement Template for Philippines

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Key Requirements PROMPT example:

Voluntary Arbitration Agreement

"I need a Voluntary Arbitration Agreement for my Philippine tech startup that will be entering into multiple software development contracts starting January 2025, with the arbitration to be conducted in Manila and proceedings to be held in English."

Document background
The Voluntary Arbitration Agreement serves as a crucial legal instrument in the Philippine business environment, providing parties with an alternative dispute resolution mechanism outside the traditional court system. This document is typically used when parties wish to establish a clear, efficient, and private method of resolving potential disputes through arbitration. It draws its legal foundation from the Alternative Dispute Resolution Act of 2004 (RA 9285) and related Philippine laws, ensuring enforceability within the jurisdiction. The agreement becomes particularly valuable in commercial relationships where parties prefer to avoid lengthy court proceedings and desire more control over the dispute resolution process. It includes essential elements such as arbitrator selection procedures, cost arrangements, and enforcement provisions, while maintaining flexibility to accommodate specific business needs and circumstances.
Suggested Sections

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

2. Background: Context of the agreement, relationship between the parties, and their intention to resolve disputes through arbitration

3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation

4. Scope of Arbitration: Clear definition of what types of disputes will be subject to arbitration

5. Arbitration Rules: Specification of which arbitration rules will govern the proceedings (e.g., PDRCI Rules, UNCITRAL Rules)

6. Appointment of Arbitrators: Process for selecting and appointing arbitrators, including number of arbitrators and qualification requirements

7. Place and Language of Arbitration: Specification of the venue for arbitration proceedings and the language to be used

8. Governing Law: Clear statement that Philippine law governs the agreement and arbitration proceedings

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

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

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

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Multi-Party Provisions: Additional provisions for cases involving more than two parties, including procedures for joinder and consolidation

2. Emergency Arbitrator: Provisions for appointment of emergency arbitrators for urgent interim relief

3. International Elements: Additional provisions when one or more parties are foreign entities, including reference to international conventions

4. Med-Arb Clause: Optional provision allowing for mediation before proceeding to arbitration

5. Technology and Virtual Hearings: Provisions for conducting virtual hearings and using electronic documentation

6. Appeals Process: Optional provisions for internal appeals within the arbitration framework

7. Interim Measures: Provisions regarding temporary or interim relief during the arbitration process

Suggested Schedules

1. Schedule A - Arbitration Rules: Detailed arbitration rules if not incorporating by reference an existing set of rules

2. Schedule B - Fee Schedule: Detailed breakdown of administrative fees, arbitrator fees, and other costs

3. Schedule C - Required Forms: Standard forms for initiating arbitration, appointing arbitrators, and other procedural matters

4. Schedule D - Code of Ethics: Ethical guidelines for arbitrators and parties during the proceedings

5. Appendix 1 - Notice Requirements: Detailed procedures for serving notices and communications

6. Appendix 2 - Timeline Template: 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

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Retail

Construction

Professional Services

Information Technology

Financial Services

Healthcare

Real Estate

Energy

Transportation

Telecommunications

Agriculture

Education

Entertainment

Hospitality

Mining

Export/Import

Relevant Teams

Legal

Executive Leadership

Compliance

Human Resources

Risk Management

Operations

Procurement

Contract Administration

Business Development

Finance

Corporate Governance

Project Management

Relevant Roles

Legal Counsel

General Counsel

Corporate Secretary

Chief Executive Officer

Chief Operating Officer

Contract Manager

Business Development Manager

Risk Manager

Compliance Officer

Human Resources Director

Procurement Manager

Operations Manager

Project Manager

Commercial Director

Chief Financial Officer

Managing Director

Vice President of Legal Affairs

Legal Operations Manager

Industries
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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