/// Senate Bills in Philippines to introduce Mandatory ADR Mechanisms in Public-Private Partnerships

Senate Bills in Philippines to introduce Mandatory ADR Mechanisms in Public-Private Partnerships

Author/Source/Copyright: http://www.conventuslaw.com

The Philippines has declared it a policy “to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes”.

In recognition of this policy, the Philippine Supreme Court encourages the use of Alternative Dispute Resolution (“ADR”) mechanisms (particularly arbitration and mediation) in the resolution of disputes with the “greatest cooperation of and the least intervention from the courts”. 

Interestingly, recent bills pending before the Philippine Congress on Public-Private Partnerships (“PPPs”) embody the state’s policy in favor of the use of ADR mechanisms. A PPP contract allows private participation in public infrastructure developments.

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