Arbitral Proceedings

Submit within the time agreed upon parties or determined by

arbitral tribunal his statement of claims, supporting facts, issues
and relief sought

1. Statement of Claims

2. Statement of defenses
3. Amendment of Claims/Defenses

May amend except if arbitral tribunal considers amendment

inappropriate or dilatory

4. Hearing and Written Proceedings

a. Pre-Hearing Conference

b. Threshold Issues
c. Hearing dates and
postponements
d. Default of a party

e. Decision of interlocutory matters f.

Consolidation or concurrent
hearings
g. Closure of Hearing

5. Rules on taking evidence

- Testimonial evidence

Documentary evidence
Subpoena

Expert
Court assistance in taking
evidence

6. Decision

Within 30 days from appointment of arbitrator or constitution of

arbitral tribunal to discuss:
1. Venue
2. Manner of recording the proceedings
3. Periods of communication of claims, answer, and answer
to counterclaims
4. Form and manner of communications
5. Manner of offering evidence or receiving expert witness
6. Delivery of certain types of communications
7. Issuance of subpoena by arbitral tribunal
8. Interim relief
9. Ocular inspection
10. Fees of arbitral tribunal
11. No compromise required to discuss
As agreed by parties, which may include issue on jurisdiction of
arbitral tribunal over claims and counterclaims
Arbitral tribunal, in consultation with parties, fix the date and
time of hearings
If claimant fails to communicate, arbitral tribunal shall terminate
the proceeding.
If respondent, proceeding to continue
Failure of either party to appear at hearing, or produce evidence,
deemed a waiver. Tribunal may continue to render award
without such.
Made by sole arbitrator, or
Majority of arbitral tribunal and authorize chairman to release or
issue the decision
As agreed by parties

- No motion, manifestation, or submission may be allowed except:

1. Post hearing briefs
2. Reply briefs
- Exceptions to general rule: Arbitral tribunal motu propio or upon
request by parties, allowed re-opening
Witness, to take oath or affirmation to tell the truth. Arbitral
tribunal to arrange for transcription of the recorded testimony of
witnesses
Each party to provide the other copies
Arbitral tribunal to issue subpoena duces tecum and ad
testificandum
As agreed by parties, expert is engaged by the arbitral tribunal
Included issuances of:
1. Subpoena
2. Interim and provisional reliefs
3. Protective orders
4. Orders that may affect third parties
5. Examination of debtors
- Sole arbitrator, except if agreed by parties, majority of arbitrators
in multi-arbitrator
- Questions of procedure decided by chairman of tribunal, if
agreed by parties, or all members of tribunal

7. Form and Content of Award

8. Settlement
9. Termination of proceedings
a. Withdrawal of claim

b. Agreement of parties
c. Finding by arbitral tribunal that
continuation has become
unnecessary or impossible
d. Non-payment of required deposit
in full

- Written award shall be rendered within 30 days after closing of

hearings
- In writing
- Signed by arbitrator
- State the date of rendition and place of arbitration
- If multi-arbitrators, signed by majority of all members and reason
for any omitted signature
- Reason upon which the award is based except if award is agreed
by parties
- Delivery of signed copy of award to both parties
- Award which is sworn, only if agreed by parties
Proceedings terminated by execution of award on agreed terms,
consent award or award based on compromise
Exception: If respondent objects for purposes of prosecuting his
counterclaims or arbitral tribunal recognizes a legitimate interest
on his part pertaining to final settlement of dispute

Premised on principle that payment of docket fees is necessary

to completion of filing of complaints