The Mutual Agreement to Arbitrate is a critical legal document used in the Philippines when parties wish to establish arbitration as their preferred method of dispute resolution. This agreement is particularly relevant in business relationships where parties seek to avoid lengthy and costly court litigation. The document is structured in accordance with the Philippine Alternative Dispute Resolution Act of 2004 (RA 9285) and draws authority from the Civil Code of the Philippines and international arbitration conventions. It includes essential provisions for arbitration procedures, arbitrator selection, confidentiality, and enforcement mechanisms. The agreement is commonly used in both domestic and international business relationships, employment contracts, commercial transactions, and various business arrangements where efficient dispute resolution is crucial.
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1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, addresses, and business registration details if applicable
2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the arbitration agreement
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Arbitration', 'Dispute', 'Award', etc.
4. Agreement to Arbitrate: Core provision establishing mutual consent to submit disputes to arbitration and waiver of right to litigate
5. Scope of Arbitration: Detailed description of what types of disputes are covered by the arbitration agreement and any specific exclusions
6. Arbitration Rules: Specification of which arbitration rules will govern (e.g., PDRCI Rules, UNCITRAL Rules) and any modifications
7. Arbitrator Selection: Process for selecting arbitrators, including number of arbitrators and qualification requirements
8. Arbitration Proceedings: Basic procedures for initiating and conducting arbitration, including location, language, and timeframes
9. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any related documents
10. Costs and Fees: Allocation of arbitration costs, including arbitrators' fees, administrative costs, and legal representation
11. Award: Provisions regarding the nature of the award, its binding effect, and enforcement
12. Governing Law: Specification of Philippine law as governing law and reference to relevant legislation
13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
14. Execution: Signature blocks and execution formalities
1. International Arbitration Provisions: Additional provisions specific to international arbitration, including choice of language and application of international conventions - use when parties are from different countries
2. Emergency Arbitrator: Provisions for appointment of emergency arbitrator for urgent interim relief - include for complex commercial relationships where urgent measures might be needed
3. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties - include when more than two parties are involved
4. Industry-Specific Provisions: Special provisions relevant to specific industries (e.g., construction, maritime) - include based on industry context
5. Mediation-Arbitration: Provisions for attempting mediation before proceeding to arbitration - include when parties want to mandate mediation first
6. Appeals Process: Provisions for internal appeals within the arbitration framework - include when parties want additional review mechanisms
1. Schedule A - Arbitration Procedures: Detailed procedures for conducting the arbitration, including timelines and procedural requirements
2. Schedule B - Fee Schedule: Detailed breakdown of administrative fees, arbitrator fees, and other costs
3. Schedule C - Required Forms: Standard forms for initiating arbitration, appointing arbitrators, and other procedural matters
4. Appendix 1 - Arbitrator Qualifications: Detailed requirements for arbitrator qualifications and experience
5. Appendix 2 - Code of Ethics: Code of ethics for arbitrators and parties during the arbitration process
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