THE ADR CENTER Arbitration Process Flowchart.pdf

THE ADR CENTER ARBITRATION PROCESS FLOWCHART

Claimant files a Notice of Arbitration with the ADR Center who transmits it to the Respondent

30 DAYS

Respondent must file with the ADR Center a Response within 30 days

30 DAYS

CONSTITUTION OF THE ARBITRAL TRIBUNAL NUMBER OF ARBITRATORS

THREE ARBITRATORS ARBITRATORS:: If (1) parties have not previously agreed on the number of arbitrators; and (2) if within 30 days after respondent’s respondent’s receipt of the Notice of Arbitration, the parties have not agreed that there shall be only one arbitrator  SOLE ARBITRATOR: ARBITRATOR : The appointing authority (ADR Center) may appoint a sole arbitrator If (1) party failed to respond within 30 days to proposal to appoint a sole arbitrator; or (2) party failed to appoint a second arbitrator 

APPOINTMENT OF ARBITRATORS

Appointment of Sole Arbitrator : (1) The appointing authority (ADR Center) shall appoint a sole arbitrator if (a) parties have agreed that a sole arbitrator is to be appointed; and (b) within 30 days after receipt of the proposal, the parties failed to reach an agreement. (2) The appointing authority shall use the list-procedure in making the appointment, unless (a) parties agree that it should not be used; or (b) the appointing authority determines that it is not appropriate. a) b) c)

An identical list containing containing at least 3 names names is communicated communicated by the appointing appointing authority authority to each of the parties. Each party, within 15 days, days, may return the list (with approved names names in the order of  preference) to the appointing authority. After 15 days, the appointing authority shall shall appoint the sole arbitrator from from the returned list. list.

Appointment of Three Arbitrators: (1) Each party appoints one arbitrator. 

Appointing authority appoints the second arbitrator upon (i) request of first part, and (ii) failure of the other party to notify the first party of the arbitrator it has appointed within 30 days from receipt of first party’s notification

(2) The two arbitrators choose a third arbitrator who shall be the presiding arbitrator of the arbitral tribunal. 

 Appointing authority appoints the presiding arbitrator if the two arbitrators have not agreed on the choice of the presiding arbitrator within 30 days af ter the appointment of the second arbitrator 

ARBITRAL PROCEEDINGS The Arbitral Tribunal: (1) Sends to the parties a Notice of Preliminary Conference (to draw up the Terms of Reference) (See ADR Center Form 01). (2) Draws up the Terms of Reference (See ADR Center Form 02). (3) Establishes a Provisional Timetable for the arbitration (See ADR Center  Form 03). (4) Decide on how the proceedings are held: (i) documents only; or (ii) hearings, in the absence of a request from any party to hold hearings.

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Claimant communicates to the respondent and the arbitrators its Statement of Claim, unless the notice of arbitration is elected as its Statement of Claim, provided the notice complies with the particulars of a Statement of Claim

Respondent communicates its Statement of Defense to the claimant and the arbitrators, unless it elects to treat the response as its Statement of  Defense, provided the response complies with the particulars of a Statement of Defense.

If the Claimant defaults, the Arbitral Tribunal terminates the arbitral proceedings

If the Respondent defaults, the Arbitral Tribunal orders the proceedings to continue

The Arbitral Tribunal 

May grant INTERIM MEASURES

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May require the parties to PRODUCE DOCUMENTS, exhibits or other evidence

Gives the parties adequate advance notice of the date, time and place of the ORAL HEARING

May appoint one or more independent experts to report on specific issues or submit an Expert’s Terms of Reference

Modify, suspend or terminate an interim measure it has granted Require the requesting party to provide appropriate security Require requesting party to promptly disclose material change in circumstances

If a party fails to produce documents with the established period, the Arbitral Tribunal may make an Award on the evidence before it

If a party fails to appear , despite notice and without showing sufficient cause, the  Arbitral Tribunal may proceed with the arbitration

CLOSURE OF HEARINGS Declare Hearing Closed: if upon Arbitral Tribunal’s inquiry, the parties have no further proof to offer, or witnesses to be heard or  submissions to make Reopen Hearings: if, at any time before the award is made, the Tribunal, on exceptional circumstances, decide on its own initiative or upon a party’s application

TERMINATION OF ARBITRAL PROCEEDINGS If before the Award is made: (1) the parties agree on a settlement of the dispute; or (2) continuation of the arbitral proceedings becomes unnecessary or  impossible, the Arbitral Tribunal shall issue an order for  the termination of the arbitral proceedings

THE AWARD      

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Made by majority of the arbitrators, if there is more than one arbitrator  Arbitral Tribunal may make separate awards on different issues Shall be made in writing Shall be final and binding on the parties, who shall carry it out without delay State the reasons, unless the parties agree that no reasons are to be given Signed by the arbitrators and contain the date the award was made and the place of arbitration Arbitral Tribunal communicates to the parties the copies of the signed award 30 DAYS

POST AWARD  A party, with notice to the other parties, may request that the Arbitral Tribunal: (1) (2) (3)

 ADR Center/JUVPilapil/10.25.2011

give interpretation of the award in writing within 45 days after request correct any error (e.g. computation, clerical or typographical) within 45 days after request make an additional award, if justified, within 60 days after request