The
lecture “Drafting the Arbitration Agreement” by Atty. Dranyl Jared Amoroso
explains the importance of arbitration agreements and their role under Philippine law. It defines arbitration agreements based on the New York Convention, UNCITRAL
Model Law, and Philippine statutes, highlighting their function in establishing
jurisdiction, procedure, and enforceability. The lecture also discusses different types of arbitration agreements such as
arbitration clauses, submission agreements, multi-tier clauses, and agreements incorporated
by reference. It sets out the minimum legal requirements for validity, including written
form, arbitrability of disputes, and party capacity. Furthermore, it provides guidelines for drafting effective arbitration clauses,
referencing international best practices like those of the IBA. Overall, the lecture serves as a practical guide for lawyers and parties in
ensuring that arbitration clauses are clear, enforceable, and aligned with both local and
international standards.
Jared is a senior associate in Quisumbing Torres' Dispute Resolution Practice Group. He heads the Firm's Transportation and Logistics Industry Group Subsector. Jared is on his 11th year of practice as a litigation lawyer, with a particular focus on criminal litigation and commercial arbitration. He is one of a handful of Philippine Fellows of the Chartered Institute of Arbitrators (FCIArb) and the Philippine Institute of Arbitrators (FPIArb). He is an accredited arbitrator of the Philippine Dispute Resolution Center Inc. (PDRCI) and an accredited arbitrator and mediator of the Philippine Wholesale Electricity Spot Market (WESM). Jared sat as an arbitrator in the first WESM arbitrations in the Philippines, and has acted as counsel in ad hoc and institutional arbitrations under the PDRCI, SIAC, ICC, and HKIAC rules. He conducts MCLE lectures on commercial arbitration, and has co-authored a book on the matter. He currently teaches Civil Procedure and Sales Law at the Far Eastern University Institute of Law. He is also a supervising lawyer at the Ateneo Legal Services Center, where he oversees students in handling pro bono cases. Jared studied at the Ateneo Law School (2010) where he received the Dean's Silver Medal for his J.D. thesis on foreign arbitral awards. He served as president of the Ateneo Society of International Law and was part of teams that represented the Philippines and won in moot court competitions in Florida (1st runner-up; 2007 Stetson International Environmental Law Moot Court Competition) and Japan (1st; 2008 Asia Cup International Law Moot Court Competition).