Aviation

Aviation

Civil aviation in the Philippines is governed by the Civil Aviation Authority Act which created the Civil Aviation Authority of the Philippines (“CAAP”) and the Civil Aeronautics Act  which created the Civil Aeronautics Board (“CAB”).  Further, as a signatory to the 1944 Chicago Convention, the Philippines is duty-bound to abide in good faith by the terms of the convention, such as, not to use civil aviation for any purpose inconsistent with the convention’s aims. The Chicago Convention formed the International Civil Aviation Organization (“ICAO”) and  embodies the principles and arrangements agreed to by the contracting states in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically.

In connection with our recent role of providing legal support to the Philippine Government’s transaction advisor for the completion of the feasibility study for a major airport project in the Philippines, we have reviewed all relevant laws and accomplished the legal and institutional analysis for the project.

We assist clients in applying for approvals from the CAAP and the CAB, and monitor their compliance with applicable legal requirements.

Lawyers on Aviation

Alternative Dispute Resolution

In the Philippines, the practice in alternative dispute resolution, including arbitration, has dramatically expanded with the passage of the Alternative Dispute Resolution Act of 2004 and the issuance in 2009 of its implementing rules and regulations as well as the Supreme Court’s Special Rules of Court on Alternative Dispute Resolution.  The Philippines has adopted the 1985 UNCITRAL Model Law on Commercial International Arbitration to govern international commercial arbitration in the Philippines as the seat of arbitration. The 1958 New York Convention governs the recognition and enforcement of foreign arbitral awards covered by it and for those that are not, the procedural rules promulgated by the Supreme Court shall apply. On grounds of comity and reciprocity, the Court may recognize a non-convention award as a convention award.  In the case of construction disputes, arbitration is subject to the original and exclusive jurisdiction of the Construction Industry Arbitration Commission pursuant to the Construction Industry Arbitration Law.

The firm’s practice in this field traverses both domestic and international arbitration.  It was collaborating counsel of Maynilad Water Services, Inc. (“Maynilad”), a concessionaire of the Metropolitan Waterworks and Sewerage System (“MWSS”), in an UNCITRAL arbitration process commenced in October 2013 involving a rate rebasing dispute with MWSS, that resulted in a final award in favor of Maynilad in December 2014.  It is also currently assisting a client in an international commercial arbitration in Singapore as seat of arbitration.

Lawyers on Alternative Dispute Resolution