When may an arbitration agreement be included in a corporation’s articles of incorporation or bylaws, and what types of disputes are covered?
An arbitration agreement may be provided in the articles of incorporation or bylaws, but only for an unlisted corporation (SEC. 181, Revised Corporation Code of the Philippines). When such an agreement exists, disputes between the corporation, its stockholders, or members which arise from the implementation of the articles of incorporation or bylaws, or from intra-corporate relations, shall be referred to arbitration. Disputes concerning criminal offenses and the interests of third parties are explicitly designated as nonarbitrable. The arbitration agreement is binding on the corporation, its directors, trustees, officers, and executives or managers.
30 October 2025
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