Mediation - is referred to a single neutral third party, called a mediator, who is tasked to assist the disputing parties arrive at a settlement. The Mediator does not decide. He/she merely...
Justice Teresita V. Diaz-Baldos
Chairman of the Commission
Engr. Antonio A. Abola
Member of the Commission
Engr. Emilio Lolito J. Tumbocon
Member of the Commission
Construction arbitration is based on the consent of the disputing parties, unless made compulsory by law. Consent can be manifested in three ways:
R.A. 9184 (the Government Procurement Reform Act) provides that disputes that are within the competence of the CIAC shall be referred thereto. Page 16-17
SETTLEMENT OF DISPUTES
SEC. 59. Arbitration. – Any and all disputes arising from the implementation of a contract covered by this Act shall be submitted to arbitration in the Philippines according to the provisions of Republic Act No. 876, otherwise known as the "Arbitration Law": Provided, however, That, disputes that are within the competence of the Construction Industry Arbitration Commission to resolve shall be referred thereto. The process of arbitration shall be incorporated as a provision in the contract that will be executed pursuant to the provisions of this Act: Provided, That by mutual agreement, the parties may agree in writing to resort to alternative modes of dispute resolution.
Arbitration is defined as the investigation and determination of matters of differences between contending parties by one or more unofficial persons, called arbitrators or referees, chosen by the parties (Bouvier's Law Dictionary 225). It is intended to avoid the formalities, the delay, the expense and vexation of ordinary litigation (Curtis-Castle Arbitration, 42 Am. St., Rep. 200).
In simple terms, arbitration is a way of settling dispute(s) between parties who agree to submit such dispute(s) for resolution by their chosen judges or arbitrators. Arbitration is a simple, speedy and less expensive alternative to court action.
Construction arbitration is based on the consent of the disputing parties, unless made compulsory by law.
Consent can be manifested in three ways:
R.A. 9184 (the Government Procurement Reform Act) provides that disputes that are within the competence of the CIAC shall be referred thereto.
The Construction Industry Arbitration Commission (CIAC) shall have original and exclusive jurisdiction over disputes arising from, or connected with contracts entered into by parties involved in construction in the Philippines, whether the disputes arise before or after the contracts are completed or after they are breached.
R.A. 9285 (the Alternative Dispute Resolution Act of 2004) provides for the dismissal by a Regional Trial Court, of a construction dispute filed before it upon becoming aware that the parties had entered into an arbitration agreement. The court shall then refer the parties to arbitration by CIAC.
People from the government and the private sectors who meet the technical requirements set by the CIAC shall be accredited and appointed by the CIAC as arbitrators.
Minimum Requirements for Accreditation as CIAC Arbitrator
(per CIAC Res. No. 06-2015 dated 28 September 2015)
Construction arbitration shall cover, among others, dispute(s) arising from:
Arbitration fees consist of the filing fee, administrative charges, arbitrator's fees, Arbitration Development Fund (ADF) special assessment fee, expenses of an expert (if needed) on any aspect of the case, and other fees as may be imposed by the CIAC. The fees and charges shall be computed on the basis of percentages of the sum in dispute in accordance with the CIAC Table of Fees.
The claimant, or where a counterclaim is filed, the respondent, shall pay 100% of the filing fee and a deposit of 25% percent of the arbitrator's fees and 25% of the administrative fees upon filing of the claim/counterclaim. If the claim/counterclaim exceeds 1 million, a special fee for the Arbitration Development Fund (ADF) equivalent to one-tenth (1/10) of 1% of the sum in dispute shall be imposed upon the parties in addition to the existing fees in the CIAC Table of Fees.
Construction Dispute Resolution
Construction Industry Arbitration Commission
Tel. Nos. (02) 897-0853 / 897-9313
E-mail addresses: email@example.com, firstname.lastname@example.org
Office Order No. 22-011 Guidelines on the Review and Compliance Procedures in the Filing and Submission of SALN
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