PHILIPPINES Law and Practice Contributed by: Ramon G. Songco, Anthony W. Dee, Ricardo Ma. P.G. Ongkiko and Russel L. Rodriguez, SyCip Salazar Hernandez & Gatmaitan
(c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country. Arbitration is “commercial” if it covers matters arising from all relationships of a commercial nature, whether contractual or not. Foreign arbitration is arbitration that is conducted in any country other than the Philippines. Domestic arbitral awards and foreign arbitral awards made in a state that is not a member of the United Nations Convention on the Recognition and Enforce - ment of Foreign Arbitral Awards approved in 1958 and ratified by the Philippine Senate under Senate Resolu - tion No 71 (New York Convention) shall be governed and enforced in accordance with the Special ADR Rules. Foreign arbitral awards made in a state that is a member of the New York Convention shall be gov - erned and enforced in accordance with the New York Convention and the Special ADR Rules. International commercial arbitration awards shall be governed and enforced in accordance with the Model Law and the Special ADR Rules. 4.2 Variations in Approach to Enforcement of Arbitral Awards For domestic arbitral awards, the winning party to the domestic arbitration must file a verified petition for recognition and enforcement at any time after the lapse of 30 days from receipt of the arbitral award with the having jurisdiction over the place where: • one of the parties is doing business; • any of the parties resides; or • arbitration proceedings were conducted. The losing party must file a petition to vacate a domes - tic arbitral award not later than 30 days from receipt of the arbitral award. For international commercial arbitral awards, the win - ning party to an international commercial arbitration in the Philippines may file a verified petition for recogni - tion and enforcement anytime from the receipt of the arbitral award with the regional trial court, unless a petition to set aside is filed by the losing party within
three months from receipt of the arbitral award. The verified petition for recognition and enforcement must be filed with the regional trial court: • where arbitration proceedings were conducted; • where any of the assets to be attached or levied upon is located; • where the act to be enjoined will be or is being performed; • where any of the parties to the arbitration resides or has its place of business; or • in the National Judicial Capital Region. For foreign arbitral awards, the winning party to a for - eign arbitration may file a verified petition for recogni - tion and enforcement at any time after receipt of the arbitral award with the regional trial court: • where the assets to be attached or levied upon is located; • where the act to be enjoyed is being performed; • in the principal place of business in the Philippines of any of the parties; • if any of the parties is an individual, where any of those individuals resides; or • in the National Capital Judicial Region. 4.3 Categories of Arbitral Awards Not Enforced Arbitral awards may not be enforced when grounds under the Special ADR Rules exist to vacate an arbitral award or set it aside or refuse its recognition. For domestic arbitral awards, the grounds to vacate include the following: • the award was procured through corruption, fraud, or other undue means; • there was evident partiality or corruption in the arbitral tribunal or with any of its members; • the arbitral tribunal was guilty of misconduct or any form of misbehaviour that has materially prejudiced the rights of any party such as refusing to post - pone a hearing upon sufficient cause shown or to hear evidence pertinent and material to the contro - versy;
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