ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004

Case Overview and Summary

Alternative Dispute Resolution Act of 2004

I. General Provisions (Sections 1-6)
- Declares the policy of promoting party autonomy and alternative dispute resolution (ADR) as an efficient means of resolving disputes (Section 2)
- Defines key terms such as "ADR", "arbitration", "mediation", "confidential information", etc. (Section 3)
- Provides for the liability of ADR providers and practitioners (Section 5)
- Excludes certain matters from the application of the Act, such as labor disputes, civil status, criminal liability, etc. (Section 6)

II. Mediation (Sections 7-17)
- Covers voluntary mediation, whether ad hoc or institutional (Section 7)
- Provides for confidentiality of information obtained through mediation proceedings (Section 9)
- Allows waiver of confidentiality under certain circumstances (Section 10)
- Lists exceptions to the privilege of confidentiality (Section 11)
- Prohibits mediators from making reports or assessments to courts, except in certain cases (Section 12)
- Requires mediators to disclose conflicts of interest (Section 13)
- Allows parties to designate representatives in mediation (Section 14)
- Provides for the place of mediation (Section 15)
- Recognizes agreements to submit disputes to institutional mediation rules (Section 16)
- Provides for the enforcement of mediated settlement agreements (Section 17)

III. Other ADR Forms (Section 18)
- Allows parties to refer disputes to other ADR forms, such as evaluation by a third person, mini-trial, mediation-arbitration, etc.

IV. International Commercial Arbitration (Sections 19-31)
- Adopts the UNCITRAL Model Law on International Commercial Arbitration (Section 19)
- Provides for the interpretation of the Model Law (Section 20)
- Defines "commercial arbitration" (Section 21)
- Allows legal representation by any person in international arbitration (Section 22)
- Provides for confidentiality of arbitration proceedings (Section 23)
- Requires courts to refer parties to arbitration if there is an arbitration agreement (Section 24)
- Provides for the interpretation of the Act in favor of arbitration (Section 25)
- Defines "appointing authority" and its functions (Sections 26-27)
- Allows courts and arbitral tribunals to grant interim measures of protection (Sections 28-29)
- Provides for the place and language of arbitration (Sections 30-31)

V. Domestic Arbitration (Sections 32-33)
- Domestic arbitration continues to be governed by the Arbitration Law, as amended by this Act (Section 32)
- Applies certain provisions of the Model Law and Chapter 4 to domestic arbitration (Section 33)

VI. Arbitration of Construction Disputes (Sections 34-39)
- Governed by the Construction Industry Arbitration Law (Section 34)
- Covers disputes within the jurisdiction of the Construction Industry Arbitration Commission (CIAC) (Section 35)
- Allows arbitrators to act as mediators and vice versa (Section 36)
- Allows appointment of foreign arbitrators in certain cases (Section 37)
- Applies provisions on interim measures and enforcement of settlement agreements (Section 38)
- Requires courts to dismiss cases involving construction disputes if there is an arbitration agreement (Section 39)

VII. Judicial Review of Arbitral Awards (Sections 40-48)
- Provides for the confirmation, vacation, and enforcement of domestic and foreign arbitral awards (Sections 40-48)
- Applies the New York Convention for recognition and enforcement of foreign arbitral awards (Section 42)
- Allows recognition and enforcement of non-Convention awards on grounds of comity and reciprocity (Section 43)
- Provides for the venue and jurisdiction for proceedings related to arbitration (Section 47)
- Requires notice to parties in proceedings for recognition and enforcement of awards (Section 48)

VIII. Miscellaneous Provisions (Sections 49-56)
- Establishes the Office for Alternative Dispute Resolution under the Department of Justice (Section 49)
- Outlines the powers and functions of the Office for ADR (Section 50)
- Provides for appropriations (Section 51)
- Requires the formulation of implementing rules and regulations (Section 52)
- Clarifies the applicability of the Katarungan Pambarangay (Section 53)
- Contains repealing, separability, and effectivity clauses (Sections 54-56)