PHILIPPINES Law and Practice Contributed by: Ricardo Ma P G Ongkiko, John Christian Joy A Regalado and Ma Patricia B Paz-Jacoba, SyCip Salazar Hernandez & Gatmaitan
• the Supreme Court on questions of law, through a petition for review; or • the Court of Appeals on questions of fact, through a petition for certiorari, provided that the appellant (i) challenges the integrity of the CIAC arbitral tri - bunal or (ii) alleges that the arbitral tribunal violated the Philippine Constitution or positive law. Courts can set aside or vacate an arbitral award only on the grounds provided under the Special ADR Rules and the ADR Act. Notably, these grounds do not con - cern the correctness of the arbitral award. Rather, they address the validity of the arbitration agreement and/ or the regularity of the arbitration proceedings. The Philippines signed and ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) on 6 July 1967. The Philippines declared that, on the basis of reciprocity, it will apply the New York Conven - tion only to: • the recognition and enforcement of awards made in the territory of another contracting state; and • differences arising from legal relationships – wheth - er such relationships are contractual or otherwise – that are considered commercial relationships by the national law of the state making the declara - tion. 12.2 Enforcement Procedure International Commercial Arbitral Award Rule 12 of the Special ADR Rules provides that a veri - fied petition can be filed to recognise and enforce an arbitral award at any time after the award is received, unless a timely petition to set aside an arbitral award is filed, in which case the opposing party must file in the same proceedings, and in opposition thereto, the petition for recognition and enforcement of the same award within the period for filing an opposition. The verified petition shall be filed with the relevant regional trial court based on: 12. Enforcement of an Award 12.1 New York Convention
• where the arbitration proceedings were conducted; • where any of the assets to be attached or levied are located; • where the act to be enjoined will be or is being performed; or • where any of the parties resides or has its place of business. Alternatively, it can be filed in the National Capital Judicial Region. The verified petition shall state the following: the registered addresses, or any change thereof, of the parties to arbitration; • that the arbitration agreement or submission exists; • the names of the arbitrators and proof of their appointment; • that an arbitral award was issued and when the petitioner received it; and • the relief sought. In addition, the following shall be attached to the peti - tion for enforcement and recognition: • an authentic copy of the arbitration agreement; • an authentic copy of the arbitral award; • a verification and certification against forum shop - ping executed by the applicant; and • an authentic copy or copies of the appointment of an arbitral tribunal. Upon receiving notice that the petition has been filed, the respondent may file an opposition thereto within 15 days of receiving the petition. In lieu thereof, the respondent may instead seek to oppose by filing a petition to set aside the award within the same 15-day period. The petitioner may reply within 15 days of receiving the petition to set aside filed in opposition. The court then has the discretion to either: • require the submission of briefs/legal memoranda only; or • set the case for a hearing.
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