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
However, there is no default procedure specifically for multi-party arbitrations. 4.3 Court Intervention The court intervenes in the selection of arbitrators and may act as the appointing authority at the request of a party in the following circumstances: • if a party fails or refuses to appoint an arbitrator, the parties fail to agree on the sole arbitrator or the two designated arbitrators fail to agree on the third arbitrator; and • where the arbitration institution fails or is unable to perform its duty as an appointing authority within a reasonable time, upon receiving a request for appointment. In an ad hoc arbitration, the court may intervene in the following circumstances. • The parties failed to provide a method for appoint - ing or replacing an arbitrator or substitute arbitra - tor, or the method agreed upon is ineffective. • The national president of the IBP fails or refuses to act within: (a) such period as may be allowed under the perti - nent rules of the IBP; (b) such period as may be agreed upon by the parties; or (c) 30 days from receiving such request for appointment. 4.4 Challenge and Removal of Arbitrators An arbitrator may be challenged on any of the grounds provided for in the ADR Act and its IRR, Republic Act No 876 or the UNCITRAL Model Law. The nationality and professional qualification of an arbitrator are not grounds to challenge an arbitrator unless the parties have specified the arbitrator’s nationality and/or pro - fessional qualification in their arbitration agreement. An arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to their impartial - ity or independence, or if they do not possess quali - fications agreed to by the parties. A party may chal - lenge an arbitrator appointed by them, or in whose appointment they have participated, only for reasons
of which they become aware after the appointment has been made. 4.5 Arbitrator Requirements The following statutory qualifications and disqualifica - tions apply specifically to domestic arbitration gov - erned by RA 876. Any person appointed to serve as an arbitrator must be of legal age, in full enjoyment of their civil rights and able to read and write. If any of the following cir - cumstances is present, a person cannot be appointed as arbitrator: • the person is related by blood or marriage within the sixth degree to either party to the controversy; • the person has or has had a financial, fiduciary or other interest in the controversy, the cause to be decided or the result of the proceeding; or • the person has any personal bias that might preju - dice the right of any party to a fair and impartial award. Arbitrators must disclose any circumstances likely to give rise to justifiable doubts as to their impartiality or independence. From the time of their appointment and throughout the arbitration proceedings, an arbi - trator must disclose any such circumstances to the parties without delay unless they have already been informed of these circumstances by the arbitrator. An arbitral tribunal has the first opportunity or compe - tence to rule on whether it has jurisdiction to decide a dispute submitted to it, including any objections that a party may have concerning: • the existence or validity of the arbitration agree - ment; or • the fulfilment of any condition precedent before filing a request for arbitration. Philippine courts must enforce the policy on judicial restraint and give the arbitral tribunal the first oppor - 5. Jurisdiction 5.1 Challenges to Jurisdiction
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