A Study On The International Commercial Arbitration System In The Philippines

The Philippines was colonized by Spain and the United States.After its independence,the Philippines learned from the rules of arbitration in the laws of Spain and the United States.The Philippine arbitration system was preliminarily stipulated in the Philippine Civil Code,on the basis of which the Philippine Arbitration Law was formulated.With the development of the Philippine economy and the gradual improvement of the arbitration system,more and more commercial subjects are willing to resolve their disputes through arbitration.Domestic arbitration institutions in the Philippines have also been formed,the PDRCI is one of the main arbitration institutions in Philippine international commercial arbitration.At the same time,the Philippine arbitration system is gradually in line with international standards.The Philippines has not only become a member of international treaties such as the New York Convention,also through the promulgation of the ADR Act of the Philippines and the applicable court rules of the Act.It clearly defines the principles and rules that should be followed in Philippine international commercial arbitration,and makes it clear that Philippine international commercial arbitration is governed by the UNCITRAL Model Law on International Commercial Arbitration.The Philippine international commercial arbitration system is mainly composed of arbitration agreement system,arbitration procedure system and arbitration award system.The system of the Philippine international commercial arbitration agreement are the basis for initiating the Philippine international commercial arbitration procedure,the system embodies the autonomy of will principle of the parties in arbitration.The system of the Philippine International Commercial Arbitration procedure stipulate how the Philippine arbitration tribunal and the Philippine courts should ensure that the arbitration proceedings are conducted in a fair and orderly manner.This system not only apply the general rules of international commercial arbitration,but also retain the unique provisions formed in the practice of arbitration in the Philippines.The Philippine system of international commercial arbitral awards mainly include the making of arbitral awards,the revocation of arbitral awards and the recognition and enforcement of arbitral awards.This system is not only the basis for the arbitration tribunal to make a reasonable and fair award,but also the basis for the Philippine courts to exercise judicial supervision over international commercial arbitration.There are many points in the Philippine international commercial arbitration system that can be used for reference by our country,such as the establishment of the interim arbitration system,the arbitration tribunal has self-adjudication jurisdiction and has the power to make decisions on interim preservation measures,and so on.Secondly,Chinese commercial subjects conducting international commercial arbitration in the Philippines,should pay attention to the special precedents,the relevant rules of arbitration fees,and choose arbitrators carefully.In order to protect the legitimate rights and interests in arbitration,and take the initiative in arbitration.