Manila, 22 March 2021 - Quisumbing Torres' Dispute Resolution senior associate Jay Patrick Santiago co-authored an arbitration handbook for Russian in-house counsels, Arbitration in Asia. The publication, a collaboration with KIAP, Attorneys at Law, is written in the Russian language and discusses cultural specifics of arbitration in several Asian jurisdictions, including Cambodia, China, Hong Kong, India, Korea, Singapore, Thailand, Vietnam and the Philippines.
On 12 March 2021, Arbitration in Asia was launched via a webinar with engaging discussions with the country authors. During the interview, Jay shared, "All countries of the ASEAN are signatories to the New York Convention. This means, there is one international convention that governs the enforcement of arbitral awards in these regions. However, there may be varying degrees of enforcement in these jurisdictions."
Jay has acted on various roles in arbitral proceedings — as a party representative, case manager, tribunal secretary and arbitrator. In 2014, he became the first Filipino counsel at the Hong Kong International Arbitration Centre (HKIAC). In 2016, he became HKIAC's first accredited arbitral tribunal secretary from the Philippines. He is the youngest member of the technical working group organized by the Philippine government to propose amendments to the Philippines' arbitration law. He is an accredited arbitrator of the Philippine International Center for Conflict Resolution, the Philippine Dispute Resolution Center, and the Office for Alternative Dispute Resolution of the Philippines.
Arbitration in the Philippines
The Philippines is a party to the New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In 2004, it adopted the UNICTRAL Model Law on International Commercial Arbitration (1985) under the Special Alternative Dispute Resolution Act of 2004 (ADR Act; Republic Act No. 9285). The Arbitration Law (Republic Act No. 876), as amended by the ADR Act, applies to domestic arbitrations. The Construction Industry Arbitration Law (Executive Order No. 1008) applies to construction arbitrations.
The Philippines has a number of home-grown arbitral institutions. The most prominent of them are the Philippine Dispute Resolution Center and the Philippine International Center for Conflict Resolution. Prominent overseas-based arbitral institutions AIAC, ICC, HKIAC, and SIAC are also popular.
There are a number of ADR organizations in the Philippines. Some of the more reputable ones include the Philippine Institute of Arbitrators and the Philippine Chapter of the Chartered Institute of Arbitrators.
The national government supports the development of ADR. The Office for Alternative Dispute Resolution was established in 2004 to promote ADR in the private and the public sectors. With its consistent pro-enforcement rulings, the Supreme Court of the Philippines has consistently upheld the State’s policy to promote the use of alternative modes of dispute resolution.
Quisumbing Torres Dispute Resolution Practice Group
At QT, we partner with clients through the entire lifecycle of a transaction, project or product. We advise on how to best conduct operations to minimize exposure to risk and avoid disputes. In case of a dispute, we help with pre-contentious negotiations and in choosing the best dispute resolution option - litigation, international arbitration, or alternative dispute resolution.
The Legal 500 Asia Pacific recognizes our dispute resolution practice as a Tier 1 Law Firm for Dispute Resolution for years 2018 to 2021. The Asian-mena In-House Community Survey awarded the team as the International Arbitration Firm of the Year for 2018 to 2020. The Asia Business Law Journal Philippine Law Firm Awards also regards QT as an Award Winning Law Firm, Arbitration & ADR in 2020.