OVERTURNING THE SUPREME COURT: TREATING FOREIGN INTERNATIONAL ARBITRAL AWARDS AS EXCEPTIONS TO THE RULE ON FINALITY OF JUDGMENTS

Dranyl Jared P. Amoroso (JD'10)

ABSTRACT

This thesis aims to examine the possibility of treating a foreign international arbitral award as a compelling reason for the Supreme Court to amend or even overturn its own final judgment. The issue stems from the ongoing arbitration between the Philippine Government and the Philippine International Airport Transport Corporation (PIATCO). In 2003, the Supreme Court rendered its decision in Agan vs. PIATCO, nullifying the build-operate-transfer contract of PIATCO. This, notwithstanding the fact that PL4TCO had already filed an arbitration case with the International Chamber of Commerce (ICC) in Singapore for arbitration pursuant to the arbitration clause in the contract. The Singapore High Court took cognizance of the arbitration case despite the Government's contentions that it had no jurisdiction over the matter. This turn of events could have been prevented had the Supreme Court suspended the proceedings before it and required the Government entities and PIATCO to proceed with arbitration. Then came R.A. 9285, the Alternative Dispute Resolution Act of 2004. Supposedly, it gives rest to the issue as to what the local courts should do when confronted with an arbitrable issue - suspend the proceedings before it and refer the parties to arbitration. However, jurisprudence subsequent to PIATCO and R.A. 9285 shows the Supreme Court's adherence to pre-empting the international arbitration route and ruling upon the legal issues of the case on the merits.