Flashcards Studio

A Filipino seafarer is directly employed by a Philippine-flag vessel owner under a contract of service on a coastal vessel that operates only within Philippine waters. While the vessel is in port at Manila, he sustains a work-related disability and files with the National Conciliation and Mediation Board (NCMB) for disability benefits arising from his contract of service. The shipowner argues the dispute is maritime in nature and should be brought in the regular courts. The NCMB rules that the claim arises from the employer–employee relationship and refers the case to a Voluntary Arbitrator (VA) under Executive Order No. 126, as amended by EO No. 251, because the parties had previously executed a voluntary arbitration agreement covering the dispute. (a) Identify the proper forum for adjudicating the seafarer’s disability claim and state the governing rule on jurisdiction. (b) If the parties had previously executed a voluntary arbitration agreement covering this dispute, describe the scope and binding effect of a VA award on the disability claim. (c) If a party challenges the VA award for lack of jurisdiction, what remedy applies and what standard of review governs?