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International Commercial Arbitration Agreement

International Commercial Arbitration Agreement Template for Philippines

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Key Requirements PROMPT example:

International Commercial Arbitration Agreement

"I need an International Commercial Arbitration Agreement under Philippine law for a technology licensing deal between our Singapore-based software company and a Philippine telecommunications provider, with SIAC rules and English as the language of arbitration."

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Document background
An International Commercial Arbitration Agreement is essential for businesses engaging in cross-border transactions with Philippine entities or operations. This document becomes particularly crucial when parties seek to establish a clear, neutral, and internationally recognized dispute resolution mechanism. The agreement, governed by Philippine law, specifically Republic Act No. 9285 and related regulations, provides a structured framework for resolving commercial disputes outside traditional court systems. It includes critical elements such as arbitrator selection, procedural rules, seat of arbitration, and enforcement provisions, while ensuring compliance with both Philippine legal requirements and international conventions. This type of agreement is commonly used in international trade, investment, joint ventures, and other commercial relationships where parties want to ensure efficient, confidential, and enforceable dispute resolution.
Suggested Sections

1. Parties: Identification of all contracting parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Agreement to Arbitrate: Clear expression of parties' consent to submit disputes to arbitration, specifying scope of arbitrable matters

5. Governing Law: Explicit choice of Philippine law as governing law and relevant international conventions

6. Arbitration Rules: Specified arbitration rules (e.g., UNCITRAL, ICC, SIAC) that will govern the proceedings

7. Seat of Arbitration: Designation of the place of arbitration and its legal implications

8. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings

9. Arbitral Tribunal: Number of arbitrators, qualification requirements, and appointment procedure

10. Conduct of Proceedings: Basic rules for conducting the arbitration, including timelines and procedures

11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials

12. Awards: Provisions regarding the form, effect, and enforcement of arbitral awards

13. Costs: Allocation of arbitration costs and legal fees

14. Notices: Method and addresses for serving notices related to arbitration

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Emergency Arbitrator: Provisions for emergency relief before tribunal constitution, used in urgent situations

2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties

3. Joinder and Consolidation: Provisions allowing additional parties to join or consolidate related arbitrations

4. Expert Determination: Provisions for referring specific technical matters to expert determination

5. Med-Arb Clause: Provisions for attempting mediation before proceeding to arbitration

6. Interim Measures: Detailed provisions for interim relief and emergency measures

7. Document Production: Specific rules for document disclosure and production

8. Appeals Procedure: Optional provisions for appeals of arbitral awards where permitted

Suggested Schedules

1. Schedule 1: Arbitration Rules: Detailed arbitration rules if not incorporating by reference

2. Schedule 2: Fee Schedule: Detailed breakdown of arbitration fees and costs

3. Schedule 3: Model Notice of Arbitration: Template for initiating arbitration proceedings

4. Schedule 4: Tribunal Appointment Procedure: Detailed procedure for appointing arbitrators

5. Schedule 5: Time Schedules: Detailed timelines for various stages of arbitration

6. Appendix A: Model Confidentiality Undertaking: Template for confidentiality agreements for participants

7. Appendix B: Document Production Protocol: Detailed rules and procedures for document production

8. Appendix C: Technical Expert Qualification Requirements: Specifications for appointing technical experts if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses









































Relevant Industries

Manufacturing

Technology

International Trade

Financial Services

Construction

Energy

Mining

Telecommunications

Retail

Logistics

Healthcare

Real Estate

Agriculture

Maritime

Aviation

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

International Business Development

Executive Leadership

Finance

Operations

Project Management

Commercial Operations

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Corporate Secretary

International Business Development Manager

Chief Executive Officer

Commercial Director

Contracts Manager

Risk Management Officer

Compliance Officer

Chief Financial Officer

Head of Operations

Project Director

Investment Manager

Business Development Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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