AS mandated by Section 181 of the Revised Corporation Code of the Philippines (RCC), the Securities and Exchange Co mmission (SEC) has proceeded to draft the Guidelines on Arbitration of Intra-Corporate Disputes for Corporations. The rules apply to resolve intra-corporate disputes of domestic corporations. An intra-corporate dispute is defined as any dispute involving the rights and obligations of corporations, its directors, trustees, officers and stockholders/members arising from the implementation of the articles of incorporation or bylaws, or from intra-corporate relations.

An intra-corporate dispute cannot be referred to arbitration when it involves criminal offenses and interests of third parties. The rules are likewise inapplicable when the arbitration agreement expressly states a seat or place of arbitration other than the Philippines. However, unless the arbitration agreement states otherwise or the arbitral tribunal subsequently decides otherwise, the seat or place of arbitration shall be presumed to be the Philippines.

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