Arbitration and Alternative Dispute Resolution
“The firm offers efficient and effective professional assistance to our clients, harnessing the statutory policy of party autonomy, confidentiality of proceedings and the speedy resolution of disputes.”
The firm provides exceptional client representation and advice in various forms of alternative dispute resolution (ADR) like arbitration, mediation, conciliation, or combination thereof. We counsel and guide our clients in every step of dispute resolution process, from assistance in drafting arbitration agreements, taking a proactive approach to avoidance and settlement of disputes, to unparalleled representation in ad hoc or institutional arbitral tribunals, and in seeking specific court reliefs including interim measures of protection, recognition, vacation, enforcement and execution of arbitral awards and in other post-rendition of award remedies, including appellate representation.
Notably, the firm’s ADR practice group also has a pool of experienced, accredited and highly-trained arbitrators for both domestic and international arbitration especially on disputes involving commercial and construction matters.
Headed by arbitrators Simeon V. Marcelo and Elmar B. Galacio and arbitration counsel Miguel U. Silos, the firm’s ADR practice spans three decades. With a wealth of experience in representing clients from different sectors of the economy with diverse interests and needs and a full complement of lawyers trained locally and internationally, the firm offers efficient and effective professional assistance to our clients, harnessing the statutory policy of party autonomy, confidentiality of proceedings and the speedy resolution of disputes.
By law, the Construction Industry Arbitration Commission (CIAC) has original and exclusive jurisdiction over disputes arising from, or connected with, contracts or agreements entered into by parties involved in construction in the Philippines, whether the dispute arises before or after the completion of the contract, or after the abandonment or breach thereof.
Through the years, the firm has built a solid reputation for excellent representation for clients in proceedings before the CIAC, including execution of arbitral awards rendered by it.
With lawyers trained under the auspices of the International Chamber of Commerce (ICC) International Court of Arbitration®, a leading arbitral institution, and the PDRCI, a leading institutionalized arbitration center in the Philippines, the firm represents clients in settlement of disputes arising from all relationships of a commercial nature, contractual or otherwise.
The firm has represented clients, both foreign and local, in a broad spectrum of disputes, including infrastructure projects and government and private contracts. From joint ventures to straightforward service contracts – our firm represents diverse clients in resolving disputes of all sizes.
Post-award and Appellate Practice
The firm provides client representation and advice after the rendition of an arbitral award, including execution, as well as confirmation, correction or vacation of award in domestic arbitration; recognition and enforcement or setting aside of an award in international commercial arbitration; and recognition and enforcement of a foreign arbitral award.
Training and Conferences
Recognizing the challenges of increased cross-border disputes arising out of robust cross-border trade and investment in the ASEAN Economic Community and the crucial role of arbitration as dispute resolution mechanism of choice, the firm has made significant investments in keeping its team of lawyers abreast of the latest developments in international arbitration through trainings and seminars in international arbitration organized by, among others, the ICC Institute of World Business Law, the United Nations Commission on International Trade Law (UNCITRAL) and the Singapore International Arbitration Centre (SIAC), among others. Training is, after all, a critical component of our firm’s DNA.
Considering the fast-changing landscape of Philippine dispute resolution that favors arbitration and other alternative modes of dispute resolution and in view of the state policy to encourage ADR, the firm has institutionalized a dynamic training program for its lawyers.
As a teaching firm, our lawyers undergo regular rigorous in-house workshops supplemented by trainings and conferences conducted by experts on the field of arbitration and ADR.
The firm also encourages its lawyers to further advance on their ADR career through accreditation by relevant local and international organizations and through a deeper exposure into the works of and procedures observed by arbitrators and tribunals.
Among the recent trainings and conferences attended by the firm’s lawyers are:
- 3rd ICC Asia Conference on International Arbitration
- International Chamber of Commerce (ICC) Institute Masterclass for Arbitrators
- International Chamber of Commerce Japan Arbitration Week
- 2nd ICC Asia Conference on International Arbitration
- UNCITRAL Asia-Pacific Judicial Summit
- Philippine Dispute Resolution Center 9th and 10th Arbitration Training Seminar
- ICC Institute Training on International Contracts
- ICC-FIDIC Conference on International Construction Contracts & Dispute Resolution
Roster of Arbitrators and Counsel
The firm’s Simeon V. Marcelo has acted both as chairman of arbitral tribunal and as counsel in both international and domestic arbitrations.
Elmar B. Galacio has also acted both as chairman of arbitral tribunal and as counsel in commercial and construction arbitrations.
The firm has the following roster of PDRCI-trained arbitrators:
1) Rene Raphael A. Guina
2) Jacques S. Lynn
3) Julius Gregory B. Delgado
4) Maria Theresa M. Domingo
The firm’s Arbitration and ADR Practice Group is composed of the following lawyers:
1) Simeon V. Marcelo
2) Miguel U. Silos
3) Elmar B. Galacio
4) Jacques S. Lynn
5) Bernice C. Mendoza
6) Maria Vinina Bonita A. Padilla
7) Maria Theresa M. Domingo
8) Kristine Ann C. Venzuela
9) Erica Christel S. Patiño
10) Jeremy Kay D. Binalla
11) Frodina Mafoxci J. Rafanan
12) Eduardo Danilo F. Macabulos
13) Pacifico Angelo S. Magno
14) Mariel Cristina B. Sadang
15) Paolo Emmanuel S. Tamase
16) Leo Arman P. Galang
17) Fidel Maximo M. Diego III
18) Ma. Victoria A. Tiangco
19) Leonardo M. Camacho
20) Enrique Miguel Y. Mercado