問題一覧
1
Is any arbitration whether or not administered by a permanent arbitration institution.
ARBITRATION
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is an arbitration where the parties to an arbitration agreement have at time of the conclusion of that agreement, their places of business in different states or one of the following places situated outside of the Philippines
INTERNATIONAL ARBITRATION
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is the United Nations Convention on the Recognition and Enforcement of foreign Arbitral Awards approved in 1958 and ratified by the Philippine Senate resolution NO.71.
NEW YORK CONVENTION
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means a foreign arbitral award made in a state, which is not convention state.
NON-CONVENTION AWARD
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means a state that is not a member of the New York Convention.
NON-CONVENTION STATE
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as used in the Model Law shall mean the person or institution named in the arbitration agreement.
APPOINTING AUTHORITY
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means a sole arbitrator or a panel of arbitrators.
ARBITRAL TRIBUNAL
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means an arbitration that covers matters arising from all relationships of a commercial nature, whether contractual or not.
COMMERCIAL ARBITRATION
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means a foreign arbitral award made in a Convention State.
CONVENTION OF AWARD
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means a body or organ of the judicial system of the Philippines
COURT
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is an arbitration that is not international.
DOMESTIC ARBITRATION
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means an arbitration administered by an arbitrator and/or the parties themselves.
AD HOC ARBITRATION
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means, in the absence of an agreement, the national President of the IBP or his/her duly authorized representative.
APPOINTING AUTHORITY IN AD HOC ARBITRATION
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means the set of rules approved or adopted by an appointing authority for the making of a Request for Appointment, Challenge, termination, of the Mandate of Arbitrator/s and for taking action thereon.
APPOINTING AUTHORITY GUIDELINES
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means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties or these Rules, resolve a dispute by rendering an award.
ARBITRATION
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means a sole arbitrator or a panel, board or committee of arbitrators.
ARBITRAL TRIBUNAL
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means a person/s with a claim against another and who commence/s arbitration against the latter
CLAIMANT
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means, unless otherwise specified in these rules, a Regional Trial Court.
COURT
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means arbitration administered by an entity, which is registered as a domestic corporation with the Securities and Exchange Commission (SEC)’ and engaged in, among others, arbitration of disputes in the Philippines on a regular and permanent basis.
INSTITUTIONAL ARBITRATION
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means the letter request to the appointing authority of either or both parties for the appointment of arbitrator/s or of the two arbitrators first appointed by the parties for the appointment of the third member of an arbitral tribunal.
REQUEST FOR APPOINTMENT
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a person duly authorized in writing by a party to a dispute, who could be a counsel, a person of his/her employ or any other person of his/her choice, duly authorized to represent said party in the arbitration proceedings.
REPRESENTATIVE
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means the person/s against whom the claimant commence/s arbitration
RESPONDENT
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means the pleading, motion, manifestation, notice, order, award, and any other document paper submitted or field with the arbitral tribunal or delivered to a party.
WRITTEN COMMUNICATION
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Labor Code of the Philippines as amended and its implementing Rules and Regulations.
P.D. NO..442
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They shall have the same civil liability for acts done in the performance of their official duties as the public officers, upon a clear showing of bad faith, malice of gross negligence.
ADR PROVIDER/PRACTITIONER
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Are perspective in sociology and social psychology that emphasizes materialist interpretation of history, dialectal method of analysis
CONFLICT THEORIES
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He is the father social conflict
KARL MARX
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When people just ignore or withdraw from the conflict.
AVOIDING
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They're assertive and not cooperative. It doesn't allow room for diverse perspective
COMPETING
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A strategy where one party guves in to the wishes or demand of another
ACCOMODATING
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Method used when people are both assertive and cooperative. A great way to do this is to reach out and touch them
COLLABORATING
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This method is partially assertive and cooperative
COMPROMISING
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Means to achieve speedy impartial justice to declog court dockets.
ALTERNATIVE DISPUTE RESOLUTION
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Means the institutions ir persons accredited as mediators, conciliator, arbitrators, neutral evaluator
ADR PROVIDER
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The process or procedure used to resolve a dispute or controversy, other than adjudication
ALTERNATIVE DISPUTE RESOLUTION SYSTEM
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Means a voluntary dispute resolution process in which one or more arbitrators appointed in accordance with the agreement of the parties or these Rules resolve a dispute by rendering an award
ARBITRATION
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Means a lawyer duly admitted to the practice of law in the Philippines
COUNSEL
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Means adopted by United Nations Commission on International Trade Law on JUNE 21 1985
MODEL LAW
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Means judicial administrative or other adjudicate process, including related pre-hearing or post hearing motions, conference and discovery
PROCEEDINGS
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Information written on a tangible medium
RECORD
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The date which special rule of court on Alternative Dispute Resolution issued by the supreme court
SEPTEMBER 1, 2009 SPECIAL ADR RULES
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Whether or not administered by a permanent arbitration institution
ARBITRATION
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ALTERNATIVE DISPUTE RESOLUTION' S R.A.
R.A. 9285
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They develope the modern approach or the KTI
KENNETH THOMAS & RALPH KILMANN
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3 goals of ADR
1. SPEEDY 2.IMPARTIAL JUSTICE 3. DECLOG COURT DOCKETS
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Any information relative to the subject of mediation or arbitration expressly intended by tye source not to be disclosed
CONFIDENTIAL INFORMATION