Special Rules of Court on Alternative Dispute Resolution

Rule 7

The challenged arbitrator or other parties may file a comment or opposition within fifteen (15) days from service of the petition.

Rule 7

The challenge shall be filed with the Regional Trial Court (a) where the principal place of business of any of the parties is located, (b) if any of the parties are individuals, where those individuals reside, or (c) in the National Capital Region.

Rule 7

The petition shall state the following: a. The name/s of the arbitrator/s challenged and his/their address; b. The grounds for the challenge; c. The facts showing that the ground for the challenge has been expressly or impliedly rejected by the challenged arbitrator/s; and d. The facts showing that the Appointing Authority failed or refused to act on the challenge. The court shall dismiss the petition motu proprio unless it is clearly alleged therein that the Appointing Authority charged with deciding the challenge, after the resolution of the arbitral tribunal rejecting the challenge is raised or contested before such Appointing Authority, failed or refused to act on the challenge within thirty (30) days from receipt of the request or within such longer period as may apply or as may have been agreed upon by the parties.

Rule 7

After hearing, the court shall remove the challenged arbitrator if it finds merit in the petition; otherwise, it shall dismiss the petition. The court shall allow the challenged arbitrator who subsequently agrees to accept the challenge to withdraw as arbitrator. The court shall accept the challenge and remove the arbitrator in the following cases: a. The party or parties who named and appointed the challenged arbitrator agree to the challenge and withdraw the appointment. b. The other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator; and c. The challenged arbitrator fails or refuses to submit his comment on the petition or the brief of legal arguments as directed by the court, or in such comment or legal brief, he fails to object to his removal following the challenge. The court shall decide the challenge on the basis of evidence submitted by the parties. The court will decide the challenge on the basis of the evidence submitted by the parties in the following instances: a. The other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator; and b. If the challenged arbitrator fails or refuses to submit his comment on the petition or the brief of legal arguments as directed by the court, or in such comment or brief of legal arguments, he fails to object to his removal following the challenge.

Rule 7

Any of the parties to an arbitration may challenge an arbitrator.

Rule 7

Unless the bad faith of the challenged arbitrator is established with reasonable certainty by concealing or failing to disclose a ground for his disqualification, the challenged arbitrator shall be entitled to reimbursement of all reasonable expenses he may have incurred in attending to the arbitration and to a reasonable compensation for his work on the arbitration. Such expenses include, but shall not be limited to, transportation and hotel expenses, if any. A reasonable compensation shall be paid to the challenged arbitrator on the basis of the length of time he has devoted to the arbitration and taking into consideration his stature and reputation as an arbitrator. The request for reimbursement of expenses and for payment of a reasonable compensation shall be filed in the same case and in the court where the petition to replace the challenged arbitrator was filed. The court, in determining the amount of the award to the challenged arbitrator, shall receive evidence of expenses to be reimbursed, which may consist of air tickets, hotel bills and expenses, and inland transportation. The court shall direct the challenging party to pay the amount of the award to the court for the account of the challenged arbitrator, in default of which the court may issue a writ of execution to enforce the award.

Rule 7

Any order of the court resolving the petition shall be immediately executory and shall not be the subject of a motion for reconsideration, appeal, or certiorari.

Rule 7

An arbitrator may be challenged on any of the grounds for challenge provided for in Republic Act No. 9285 and its implementing rules, Republic Act No. 876 or the Model Law. The nationality or professional qualification of an arbitrator is not a ground to challenge an arbitrator unless the parties have specified in their arbitration agreement a nationality and/or professional qualification for appointment as arbitrator.

Rule 7

When an arbitrator is challenged before the arbitral tribunal under the procedure agreed upon by the parties or under the procedure provided for in Article 13 (2) of the Model Law and the challenge is not successful, the aggrieved party may request the Appointing Authority to rule on the challenge, and it is only when such Appointing Authority fails or refuses to act on the challenge within such period as may be allowed under the applicable rule or in the absence thereof, within thirty (30) days from receipt of the request, that the aggrieved party may renew the challenge in court.