Professional Documents
Culture Documents
Arbitration
Commission
The
Arbitration
Process
PROCEDURES
1. Define Claim or Cause of Action
2. File Claim (Request for Arbitration) with CIAC
3. Notice to Respondent
4. Answer and Counter-claim
5. Reply
6. Appointment of
Arbitrator/Tribunal
7. Terms of Reference
8. Hearings
9. Award
10. Execution
Define Claims / Causes of
Action
Check if Arbitration Clause Provided for
in Contract
Effect of the Arbitration Clause:
- Submission to CIAC Jurisdiction
even
if Respondent fails to file
Answer or
refuses to arbitrate
If none, Agreement to Arbitrate should
be executed by the parties
MODEL ARBITRATION CLAUSE
Any dispute arising out of or in connection
with this contract, including any question
regarding its existence, validity or
termination shall be referred to and finally
resolved by arbitration under the Rules of
Procedure Governing Construction
Arbitration promulgated pursuant to
Executive Order 1008 (the Construction
Industry Arbitration Law) by (indicate
number: one or three arbitrator/s) to be
appointed in accordance with such Rules.
Define Claims / Causes of
Action
When arbitration cannot proceed
No arbitration clause or agreement to
arbitrate (for private contracts only) and
Respondent refuses to Answer Complaint
or files a Motion to Dismiss for lack of
jurisdiction
Arbitral Tribunal grants Motion to
Dismiss for
lack of jurisdiction
- dispute is NOT a construction dispute
Filing of Claims with CIAC
-Submission to Arbitration
-In Case of Government Contracts
exhausted all administrative
remedies
unreasonable delay on the part of
the government agency
exhaustion of administrative
remedies not practicable
Request for Arbitration Form
Request for Arbitration
Contents of Request
Name in Full, Description and Addresses
of the Parties
Statement of the Claimants Case
Relevant Agreements or Contract
Documentations and Information to
establish circumstances of the Case
Modeofarbitration
Number of Arbitrators
Sole Arbitrator
Arbitral Tribunal
Choice / Selection of Arbitrators
At most 6 nominees
In order of preference
CIAC - accredited
Qualifications of CIAC
Arbitrators
Men of Distinction
Technically Qualified
Trained and Accredited by CIAC
1. MINIMUM REQUIREMENTS:
2.EXCEPTIONS :
* - Visayas-based
** - Mindanao-based
(M) - Mediator
Selection of Arbitrators
Choice/Selection of Arbitrators
- availability, case load, nature of case
- was not previously conciliator/mediator
of the dispute
Challenge:
Relationship (blood or marriage) within
6th
degree of a party or 4th degree of a
counsel
Financial, fiduciary or other interest
Partiality or bias
Claims/ Causes of Action
Sum in Dispute
- Claim of Claimant
- Counter-claim of Respondent
- Others (cross-claim, 3rd party
claim, etc.)
* Ifnohearingisheld,thelasttwotranches(B&C)shallbedueupon
TORsigning
CIAC Table of Administrative
Charges and Arbitrators
Fees B.For Non-Monetary Claims
(Approved in the 23 CIAC Regular Meeting held on July 14, 1993)
rd
3. Arbitrators Fee
3.1 Acceptance Fee - P10,000 upon filing of the
Request for Arbitration
3.2 Fees per session
For a Tribunal
Chairman:
Minimum of P4,500 per session of 3 hours - Upon signing of TOR, 50% of
or less plus P1,500 in excess of 3 hours the estimated arbitrators fees
CIAC Table of Administrative
Charges and Arbitrators
Fees
Members:
Minimum of P3,000 per session of 3 hours -- Upon award, balance of
less plus P1,500 in excess of 3 hours arbitrators fees based on actual
number of sessions
For Sole Arbitrator:
Minimum of P7,500 per session of 3 hours or
less plus P2,500 per hour in excess of 3 hours
4. AWARD DRAFTING
P10,000 - Upon Award
CredibleWitnesses
What to Expect
Integrity
Speed
Fairness
Writ of Execution
THANK YOU!