Pitfalls of enforcing foreign arbitral awards in the Philippines

By Enrique dela Cruz, Divina Law
0
3572
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

INTERNATIONAL COMMERCIAL arbitration is a relatively new area of practice in the Philippines. While the Philippines became a signatory to the UN Convention on the Recognition and the Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention) as early as 10 June 1958, no laws were enacted prescribing the mechanics for the conduct of international arbitration, or for the enforcement of foreign arbitral awards in the Philippines, for almost 50 years. All we had back then was Republic Act 876 – a law for domestic arbitration.

Enrique-dela-Cruz-Senior-Partner-at-Divina-Law-in-Manila-2
Enrique dela Cruz
Senior Partner at
Divina Law in Manila
Tel: (632) 822 0808 local 290
Cell: + (63) 917 5329093
Email: enrique.delacruz@divinalaw.com

Since there was no law enacted in the Philippines providing a specific procedure for the enforcement of foreign arbitral awards, Philippine courts treated these awards as foreign judgments. Thus, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid, as required by the New York Convention. It was only in 2004 that the Philippine Congress enacted Republic Act (RA) 9285 (Alternative Dispute Resolution Act of 2004).

In 2008 the Philippine Supreme Court issued the Special Rules of Court on Alternative Dispute Resolution (Special ADR Rules) to provide guidance on the interpretation of some provisions of RA 9285.

Section 44 of RA 9285 states that a foreign arbitral award is not a foreign judgment. For the recognition and enforcement of a foreign judgment, the applicable rule is section 48, rule 39 of the Rules of Court, which requires only proof of fact of the said judgment, and that once proven, the said foreign judgment enjoys a disputable presumption of validity (BPI Securities Corp v Guevara, 2015).

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

divinalaw-offices

DIVINA LAW

8/F Pacific Star Building
Sen. Gil Puyat Ave, cnr Makati Ave., Makati City

Tel: +63 2 822 0808

Email: info@divinalaw.com

 

Read more:

All aboard the tax ‘train’
By Benedicta Du-Baladad, BDB Law

Pitfalls of enforcing foreign arbitral awards in the Philippines
By Enrique dela Cruz, Divina Law

Overcoming legal barriers to FDI in infrastructure
By Ronald Dime, DLDTE Law Office

The Philippines Law Firm Awards
ABLJ names the top firms in the Philippines for 2018

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link