Law Innovations (Philippines)

Updates in Philippine law, upgrades for the Filipino lawyer

Archive for the ‘Procedural’ Category

International Chamber of Commerce Revises Arbitration Costs

Posted by Oli Reyes on April 27, 2010

A heads up from our friend and emerging international arbitration specialist Jun Bautista. For those involved in arbitration practice, some important news out there. The International Chamber of Commerce, the largest business organization in the world and one of the leading providers of arbitration services worldwide, will be revising its arbitration costs effective 1 May 2010. This will be the first time since January of 2008 that the ICC will be revising its arbitration costs.

From the ICC website, an overview of the revised costing:

“The revision does not change ICC’s traditional method of calculating administrative costs and arbitrators’ fees on the basis of the amount in dispute. However, the rates applicable to each ‘slice’ of the amount in dispute have been adjusted. An increase averaging 0.14 of a percentage point has been applied to most slices…As an example of changes resulting from the new scales, the advance on costs requested in a case valued at US$ 1 million submitted to a sole arbitrator might rise to US$ 61,093 from US$ 56,485 presently, and the advance in a case valued at US$ 25 million submitted to a tribunal of three arbitrators, to US$ 480,989 instead of US$ 447,730 presently (these examples do not include arbitrators’ expenses)”

The revised costs, as reflected in Appendix III of the ICC Rules of Arbitration, may be found here (PDF).

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Posted in Foreign law, Procedural | Tagged: , | Leave a Comment »

List of Pleadings Which Must Be Verified (Update #1)

Posted by Oli Reyes on November 19, 2009

Every law student knows of the urgency of the verification requirement; that a defective or absent verification when required may be cause of the outright junking of the pleading so impaired. Many clients have ended up befuddled, if not outraged, at seeing their complaints dismissed due to improper verification. Indeed, the verification requirement has been the cause for minor paranoia among lawyers in the Philippines, and the prudential rule has emerged that whenever in doubt, verify.

(Another common, often fatal flaw in verification is the continued adherence by some lawyers to the now obsolete rule that a pleading may be verified as “true and correct based on knowledge or belief”. Since the adoption of A.M. No. 00-2-10-SC, amending Section 4,  Rule 7  of the 1997 Rules of Civil Procedure, pleadings must know be verified as “true and correct based on personal knowledge or based on authentic records.”)

Still, as a general rule, pleadings need not be verified, and it is only when required by statute or a procedural rule that a pleading should be verified. What follows below, for the benefit of practictioners, is a comprehensive list of pleadings filed before the courts or quasi-judicial agencies that are required to be verified. Read the rest of this entry »

Posted in Procedural | Tagged: , | 7 Comments »