PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
• labour disputes; • the civil status of persons; • the validity of marriage; • any ground for legal separation; • the jurisdiction of courts; • future legitime; • future support; • the validity of legal separation; • criminal liability; and
Domestic arbitral awards may be vacated on the following grounds: • the arbitral award was procured through cor- ruption, fraud or other undue means; • the tribunal or any of its members exhibited evidently partial or corrupt behaviour; • the misconduct or misbehaviour of the arbi- tral tribunal materially prejudiced the rights of a party; • one or more arbitrators was disqualified from acting as such under the law and wilfully refrained from disclosing their disqualification; • the tribunal exceeded its powers or executed them in such a way that a complete, final and definite award on the subject matter was not possible; • the arbitration agreement is non-existent, invalid or unenforceable; • one of the parties is a minor or has been judi- cially declared incompetent; • there was a violation of public policy; or • any of the grounds specified under Rule 34 of the Model Law are fulfilled. Foreign arbitral awards cannot be set aside by Philippine courts. However, a court may refuse to recognise and enforce the award based, gen- erally, on the same grounds on which an interna- tional commercial arbitral award rendered in the Philippines may be set aside. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration A domestic arbitral award may be enforced by filing a petition for confirmation of a domestic arbitral award at any time after the lapsing of 30 days from receipt of the arbitral award. A petition to confirm the arbitral award may also be filed, in opposition to a petition to vacate the arbitral award, at any time after the petition to vacate such arbitral award is filed.
• cases that cannot be compromised by law. 13.3 Circumstances to Challenge an Arbitral Award Philippine courts may set aside an international commercial arbitral award rendered in the Phil- ippines if: • a party to the agreement was under some incapacity; • the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereof, under Philip- pine law; • the party making the application to set aside or resist enforcement was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present their case; • the award deals with a dispute outside the terms of the submission to arbitration, or con- tains decisions on matters beyond the scope of the submission to arbitration; • the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreements or, failing such agree- ment, under Philippine law; • the subject matter of the dispute cannot be settled by arbitration under Philippine law; or • the recognition or enforcement of the award would be contrary to public policy.
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