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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A Filipino seafarer, employed by a Manila-based manning agency under a contract of service with a foreign-flag vessel plying international routes, sustains a work-related disability aboard the vessel while the vessel is docked in Manila. He files with the National Conciliation and Mediation Board (NCMB) seeking disability benefits arising from his contract of service. The shipowner contends the dispute is maritime in nature and should be brought in the regular courts. The parties had previously executed a voluntary arbitration agreement covering this dispute. 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. (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?

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The proper forum is NCMB; the governing rule on jurisdiction is that NCMB retains initial jurisdiction over the claim; the arbitration clause allows referral to VA but does not automatic ally bar NCMB’s consideration; the VA award would be binding only between the parties. The proper forum is the CA; the governing rule on jurisdiction is that appellate review of VA awards is by the Court of Appeals; the standard of review is substantial evidence review of the VA’s factual findings. The proper forum is the Voluntary Arbitrator (VA) under EO 126, as amended by EO 251; the governing rule on jurisdiction is that a valid voluntary arbitration agreement covering the dispute vests exclusive jurisdiction in the VA to adjudicate the merits of the seafarer’s disability claim, with the VA award being final and binding; remedy to challenge is a petition for certiorari to the Supreme Court on grave abuse of discretion; standard of review is grave abuse of discretion. The proper forum is the VA; the governing rule on jurisdiction is that arbitration agreements place jurisdiction exclusively in the VA for labor disputes arising from the contract of service; the VA award is binding on the parties but may be reviewed only for grave abuse of discretion.

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