Arbitration is gaining ground as an alternative means of settling disputes. Not only does it provide swift resolution but even the Supreme Court has encouraged its use, calling arbitration the ‘wave of the future in dispute resolution.’ On November 16, 2016, Ateneo Law students learned the nitty gritty of this go-to method in resolving conflict.
Held at the Bernas Seminar Room of the Ateneo Professional Schools Rockwell campus in Makati City, the Ateneo Law School Symposium on Arbitration started with a plenary session featuring 3 Ateneo law graduates.
|From left to right: Atty. Glenn Tuazon, Atty. Jun Bautista, Atty. Jay Santiago, and Atty. Ignatius Michael Ingles|
Atty. Glenn Tuazon, an associate at Romulo, Mabanta Sayoc & De Los Angeles, discussed the principles of arbitration. These include speedy resolution; party autonomy, and court exclusion. Arbitration, Tuazon said, is a good way of settling things because decisions are made in months, rather than years. Moreover, involved parties have a “lot of choice on how to settle their dispute and who will sit as their arbitrators.” While arbitration is less formal than litigation, the resolutions are binding and enforceable through courts, Tuazon noted.
The second speaker, Atty. Jun Bautista, a senior registered foreign lawyer at Herbert Smith Freehills, enumerated the career options available in the field of arbitration: counsel, tribunal secretary, expert, judge, or work in a third party funder [one who finances a portion of the party’s legal costs and in return gets a share of the dispute proceeds] or at an arbitral institution.
|Atty. Jun Bautista leads the breakout session on investment arbitration.|
The third speaker, Atty. Jay Santiago who works as counsel at the Hong Kong International Arbitration Centre (HKIAC), gave an overview of HKIAC. Founded in 1985, ‘HKIAC is one of the oldest and most prestigious international arbitration institutions in Asia Pacific,” said Santiago. According to the Queen Mary, University of London, it is also one of the most preferred arbitral institutions outside Europe. Santiago also gave a brief introduction on Philippine Institute of Arbitrators (PIArb) — a group that encourages arbitration as means to settle private disputes in the country—and Young PIArb. Launched in July 2016, Young PIArb aims to be a forum where young arbitration practitioners aged 40 and below can share information, skills and network with local and international arbitration communities, he shared.
|Atty. Jay Santiago leads a breakout session on commercial arbitration.|
Ateneo Law faculty member Atty. Ignatius Michael Ingles, who served as moderator for the plenary session, asked the speakers what essential skill is needed for a long-lasting career in arbitration. Tuazon answered passion; Bautista said advocacy while Santiago mentioned excellence in everything.
|Atty. Glenn Tuazon discusses construction arbitration.|
After the plenary session, the speakers facilitated breakout sessions on the specialized fields of arbitration: commercial, investment, and construction.
The Ateneo Law School Symposium on Arbitration was organized by the Ateneo Legal Services Center, together with the HKIAC in cooperation with Young PIArb.