The Arbitration Submission Agreement is a crucial document used when parties have an existing dispute they wish to resolve through arbitration rather than court litigation. Unlike arbitration clauses in commercial contracts that address future disputes, this agreement is crafted specifically for known disputes that have already arisen. The document must comply with Philippine law, particularly the Alternative Dispute Resolution Act of 2004 (RA 9285) and related regulations. It typically includes detailed provisions about the dispute's nature, the arbitration process, appointment of arbitrators, and procedural rules. The agreement is particularly relevant in the Philippine business context where arbitration is increasingly favored as an efficient dispute resolution mechanism, especially for complex commercial disputes. The document must be carefully drafted to ensure enforceability under Philippine law while maintaining alignment with international arbitration standards, as many disputes may have cross-border elements.
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1. Parties: Identification of all parties to the arbitration agreement, including their full legal names, addresses, and registration details if corporate entities
2. Background: Recitals describing the existing dispute between the parties and their agreement to submit to arbitration
3. Definitions: Definitions of key terms used throughout the agreement
4. Submission to Arbitration: Clear statement of the parties' agreement to submit their dispute to arbitration and waiver of right to litigate
5. Scope of Arbitration: Detailed description of the matters to be submitted to arbitration
6. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and appointment procedure
7. Place of Arbitration: Specification of the seat of arbitration and venue for hearings
8. Language of Arbitration: Designation of the language(s) to be used in the arbitration proceedings
9. Governing Law: Specification of the law governing the substance of the dispute and the arbitration procedure
10. Arbitration Rules: Identification of the arbitration rules to be applied
11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any resulting award
12. Costs: Provisions regarding the allocation of arbitration costs and legal fees
13. Final and Binding Effect: Statement that the arbitration award shall be final and binding on the parties
14. Execution: Signature blocks and execution formalities
1. Interim Measures: Provisions regarding the arbitral tribunal's power to grant interim measures, used when parties anticipate need for urgent relief
2. Document Disclosure: Specific provisions regarding document production and disclosure procedures, used in complex disputes
3. Expert Determination: Provisions for appointment of expert witnesses, used when technical expertise is required
4. Multi-party Provisions: Special provisions for cases involving more than two parties
5. Appeals Process: Provisions for any agreed appeal mechanism, if parties want to include this option
6. Mediation-Arbitration: Provisions for attempting mediation before proceeding to arbitration, if parties want a tiered dispute resolution process
7. Split Clauses: Provisions giving one or both parties options for forum selection, used in specific commercial contexts
8. Summary Procedure: Provisions for expedited procedures, used for smaller or less complex disputes
1. Schedule A - Description of Dispute: Detailed description of the dispute including relevant facts, claims, and relief sought
2. Schedule B - Arbitration Procedures: Detailed procedures for conducting the arbitration, including timelines and specific requirements
3. Schedule C - Documents List: List of key documents relevant to the dispute
4. Schedule D - Arbitrator Qualifications: Specific qualifications required for the arbitrators
5. Schedule E - Cost Schedule: Detailed breakdown of arbitration costs and payment terms
6. Appendix 1 - Power of Attorney: If applicable, powers of attorney for representatives signing the agreement
7. Appendix 2 - Supporting Documents: Key documents referenced in the main agreement or relevant to the dispute
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