DISPUTE1

46問 • 1年前

問題一覧

Is any arbitration whether or not administered by a permanent arbitration institution.

ARBITRATION

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

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

means a foreign arbitral award made in a state, which is not convention state.

NON-CONVENTION AWARD

means a state that is not a member of the New York Convention.

NON-CONVENTION STATE

as used in the Model Law shall mean the person or institution named in the arbitration agreement.

APPOINTING AUTHORITY

means a sole arbitrator or a panel of arbitrators.

ARBITRAL TRIBUNAL

means an arbitration that covers matters arising from all relationships of a commercial nature, whether contractual or not.

COMMERCIAL ARBITRATION

means a foreign arbitral award made in a Convention State.

CONVENTION OF AWARD

means a body or organ of the judicial system of the Philippines

COURT

is an arbitration that is not international.

DOMESTIC ARBITRATION

means an arbitration administered by an arbitrator and/or the parties themselves.

AD HOC ARBITRATION

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

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

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

means a sole arbitrator or a panel, board or committee of arbitrators.

ARBITRAL TRIBUNAL

means a person/s with a claim against another and who commence/s arbitration against the latter

CLAIMANT

means, unless otherwise specified in these rules, a Regional Trial Court.

COURT

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

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

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

means the person/s against whom the claimant commence/s arbitration

RESPONDENT

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

Labor Code of the Philippines as amended and its implementing Rules and Regulations.

P.D. NO..442

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

Are perspective in sociology and social psychology that emphasizes materialist interpretation of history, dialectal method of analysis

CONFLICT THEORIES

He is the father social conflict

KARL MARX

When people just ignore or withdraw from the conflict.

AVOIDING

They're assertive and not cooperative. It doesn't allow room for diverse perspective

COMPETING

A strategy where one party guves in to the wishes or demand of another

ACCOMODATING

Method used when people are both assertive and cooperative. A great way to do this is to reach out and touch them

COLLABORATING

This method is partially assertive and cooperative

COMPROMISING

Means to achieve speedy impartial justice to declog court dockets.

ALTERNATIVE DISPUTE RESOLUTION

Means the institutions ir persons accredited as mediators, conciliator, arbitrators, neutral evaluator

ADR PROVIDER

The process or procedure used to resolve a dispute or controversy, other than adjudication

ALTERNATIVE DISPUTE RESOLUTION SYSTEM

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

Means a lawyer duly admitted to the practice of law in the Philippines

COUNSEL

Means adopted by United Nations Commission on International Trade Law on JUNE 21 1985

MODEL LAW

Means judicial administrative or other adjudicate process, including related pre-hearing or post hearing motions, conference and discovery

PROCEEDINGS

Information written on a tangible medium

RECORD

The date which special rule of court on Alternative Dispute Resolution issued by the supreme court

SEPTEMBER 1, 2009 SPECIAL ADR RULES

Whether or not administered by a permanent arbitration institution

ARBITRATION

ALTERNATIVE DISPUTE RESOLUTION' S R.A.

R.A. 9285

They develope the modern approach or the KTI

KENNETH THOMAS & RALPH KILMANN

3 goals of ADR

1. SPEEDY 2.IMPARTIAL JUSTICE 3. DECLOG COURT DOCKETS

Any information relative to the subject of mediation or arbitration expressly intended by tye source not to be disclosed

CONFIDENTIAL INFORMATION

CA-IC FINALS W/PICS

Jessa Trocio · 86問 · 2年前

CA-IC FINALS W/PICS