SEC. 21.

RA 9285

SEC. 21. Commercial Arbitration. - An arbitration is "commercial" if it covers matters

arising from all relationships of a commercial nature, whether contractual or not.
Relationships of a transactions: any trade transaction for the supply or exchange of
goods or services; distribution agreements; construction of works; commercial
representation or agency; factoring; leasing, consulting; engineering; licensing;
investment; financing; banking; insurance; joint venture and other forms of
industrial or business cooperation; carriage of goods or passengers by air, sea, rail
or road.

DOMESTIC ARBITRATION

SEC. 32 & 33 RA 9285

SEC. 32. Law Governing Domestic Arbitration. - Domestic arbitration shall continue
to be governed by Republic Act No. 876, otherwise known as "The Arbitration Law"
as amended by this Chapter. The term "domestic arbitration" as used herein shall
mean an arbitration that is not international as defined in Article (3) of the Model
Law.

SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18 and
19 and 29 to 32 of the Model Law and Section 22 to 31 of the preceding Chapter 4
shall apply to domestic arbitration.

ART. 5.1 IRR RA 9285

Article 5.1. Scope of Application.

(a) Domestic arbitration, which is not

international as defined in paragraph C'8 of Article 1.6 shall continue to be

governed

by Republic Act No. 876, otherwise known as "The Arbitration Law", as amended by

the ADR Act. Articles 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the Model Law

and Sections 22 to 31 of the ADR Act are specifically applicable to domestic

arbitration. In the absence of a specific applicable provision, all other rules

applicable to

international commercial arbitration may be applied in a suppletory manner to

domestic arbitration.
(b) This Chapter shall apply to domestic arbitration whether the dispute is

commercial, as defined in Section 21 of the ADR Act, or non-commercial, by an

arbitrator who is a private individual appointed by the parties to hear and resolve
their

dispute by rendering an award; Provided that, although a construction dispute may

be commercial, it shall continue to be governed by E.O. NO.1 008, s.1985 and the

rules promulgated by the Construction Industry Arbitration Commission.

(c) Two or more persons or parties may submit to arbitration by one or more

arbitrators any controversy existing between them at the time of the submission
and

which may be the subject of an action; or the parties to any contract may in such

contract agree to settle by arbitration a controversy thereafter arising between

them.

Such submission or contract shall be valid, enforceable and irrevocable, save upon

such grounds as exist at law for the revocation of any contract.

Such submission or contract may include questions arising out of valuations,

appraisals or other controversies which may be collateral, incidental, precedent or

subsequent to any dispute between the parties.

A controversy cannot be arbitrated where one of the parties to the

controversy is an infant, or a person judicially declared to be incompetent, unless

the

appropriate court having jurisdiction approved a petition for permission to submit

such controversy to arbitration made by the general guardian or guardian ad litem

of
the infant or of the incompetent.

But where a person capable of entering into a submission or contract has

knowingly entered into the same with a person incapable of so doing, the objection

on the ground of incapacity can be taken only in behalf of -the person so

incapacitated.