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52 Ateneo L.J. 1 (2007-2008)

handle is hein.journals/ateno52 and id is 1 raw text is: Arbitration in the Philippines: Wave of the Future? Laurence Hector B. Arroyo* 1. INTRODUCTION ................................. ............... I. STATE OF THEJUDICIARY . ........................ ........ ...3 I1. ARBITRATION THROUGH THE YEARS.............. ............... 6 A. Arbitration in the First Half of the 20th Century B. The New Civil Code C. Republic Act No. 876 D. New York Convention E. Republic Act No, 9285 IV. RECENT JURISPRUDENCE ..... ....... ................... 21 A. Transfield Philippines, Inc. v. Luzon Hydro Corporation B. Gonzales v. Climax Mining Ltd. V. A RECOMMENDATION To EDUCATE THEJUDICIARY........................32 A. Party Autonomy B. Judiiial Non-Interference C. Judicial Assistance D. Finality of Awards E. Special Courts F. Filing Fees G. Rules of Procedure VI CONCLUSION ............................................42 I. INTRODUCTION Settling controversies by arbitration is an ancient practice at common law. In .general, it is substitution, by consent of parties, of another court for the tribunals provided by the ordinary processes of law. Its purpose is to ultimately dispose of the issues put forth, expeditiously and economically, so that they may not turn out to be the subject of future litigation between the parties. * '94 J.D., Ateneo de Manila University School of Law; 'o8 cand. M.A., Ateneo de Manila University. He is a Mandatory Continuing Legal Education (MCLE) Lecturer of Arbitration as a Faster Means of Settling Disputes. The author is currently a partner and Project Director of the Pro Bono Committee of Quisumbing Torres (associated with Baker & McKenzie). Cite as 52 ATENEO L. J. I (2007). Digitized from Best Copy Available

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