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
In addition, the following must 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 within 15 days of receiving the petition. In lieu of an opposition, the respondent may file a petition to set aside in opposi - tion, but only if the three-month period for seeking to set aside the award has not expired. The petitioner may reply within 15 days of receiving the petition filed in opposition. The court then has the discretion to either: • require the submission of briefs/legal memoran - dums only; or • set the case for a hearing. Based on the parties’ submissions and/or hearing, the court will thereafter decide. Foreign Arbitral Award Rule 13 of the Special ADR Rules sets out the pro - cedure for recognising and enforcing foreign arbitral awards. The procedure outlined in the foregoing is essentially the same for foreign arbitral awards. The court will only recognise and enforce a foreign arbitral award made in a country that is not a signatory to the New York Convention if such country extends com - ity and reciprocity to awards made in the Philippines. The contents of the verified petition, however, are not the same as those of a petition to recognise and enforce an international commercial arbitral award. In particular, the verified petition must contain: • the addresses of the parties to arbitration; • the country where the arbitral award was made (if not indicated in the award) and whether such country is a signatory to the New York Convention; and
• the relief sought. The following should also be attached to the verified petition: • an authentic copy of the arbitration agreement; • an authentic copy of the arbitral award; and • a translation of the foreign arbitral award or agree - ment – if such award or agreement is not in Eng - lish – which should be certified by (i) an official or sworn translator; or (ii) a diplomatic or consular agent. Petition to Set Aside in the Foreign Seat If a foreign arbitral award has been set aside by the courts in the foreign seat of arbitration, Philippine courts may refuse recognition and enforcement of the same. The recognition of a foreign arbitral award may be refused on exclusive grounds, including where an award has: • not yet become binding on the parties; or • been set aside or suspended by the court in which – or under the law of which – the award was made. If there is an ongoing setting-aside proceedings at the seat, Rule 13.10 of the Special ADR Rules authorises the Philippine courts, before which a petition to recog - nise and enforce the foreign arbitral award has been filed, to adjourn or defer rendering a decision pending resolution of the proceedings at the seat. State Immunity State immunity is not among the grounds to set aside or resist the enforcement of an arbitral award under the Special ADR Rules. The Supreme Court ruled in China National Machinery & Equipment Corp v San- tamaria (GR No 185572, 7 February 2012) that: • an agreement to submit any dispute to arbitration may be construed as an implicit waiver of immunity from suit; and • the doctrine of state immunity cannot be extended to commercial, private and proprietary acts.
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