CIAC Revised Rules of Procedure
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 makes recommendations for the parties consider.
Arbitration – is a way of settling dispute(s) between parties who agree to submit the same for resolution by their nominated judges or arbitrators. A decision or an award rendered by arbitrator/s in CIAC arbitration proceedings is enforceable by a writ of execution.
Two Modes of Arbitration:
List of Active Arbitrators and their Professions (Click the LAST NAME to view their Curriculum Vitae):
List of CIAC-Accredited Arbitrators (As of 22 January 2024)
* – Visayas-based
** – Mindanao-based
N/A – Not Available / Incumbent CIAC Chairman / On Leave
RL – Reserved List
SOURCE:http://picam.org.ph/members_directory/
For completion of required credit points for attendance/participation in the Mediators and Arbitrators Continuing Education (MACE) Program per CIAC Resolution No. 04-2011.
For details, please see directory at the Philippine Institute of Construction Arbitrators and Mediators, Inc. (PICAM) website: www.picam.org.ph
For Arbitration:
For Mediation:
For other inquiries or questions, please call us at: Tel. No. (02) 897-9313 / (02) 897-0853
1. Arbitrators have technical expertise
Since disputes in the construction industry involve technical matters, the arbitrator(s) with the requisite technical knowledge can settle disputes as efficiently and equitably as possible.
2. Parties choose the arbitrators
Since the parties are given the opportunity to choose the arbitrator(s), they can designate those whom they deem to be qualified to conduct the proceedings.
3. Parties choose the terms of reference
Parties to a contract may specify the scope or nature of the dispute. They can choose from either broad or limited arbitration and stipulate the terms under which proceedings shall be conducted.
4. Proceedings are simple, faster and less expensive
Disputes can be resolved through arbitration much faster, simpler and less expensive than it would take if the parties resort to court action.
Being contractual in nature, arbitration permits the parties to specify the time and place for hearings. No special form is required in presenting a demand for arbitration or in responding thereto.
5. Proceedings are confidential
Arbitration is held in private. Pleadings are confidential except to the parties themselves. Awards are unpublished.
6. Arbitrator’s decision is binding
The arbitrator or arbitral tribunal is vested with the authority to decide, and such decision is binding on the parties. No appeal may be made from an award or a decision handed down by the arbitrator except on questions of law which are appealable to the Supreme Court.*
7. A single forum may be convened for all parties
One attractive feature of arbitration is the possibility of bringing together in one proceeding all the parties that may be involved.
8. Choice of counsel is not limited to lawyers
License to practice law is not required for counsel to appear before an arbitrator or arbitral tribunal. The parties, consequently, are not limited in the range of choice of who should represent them in arbitration.
9. Work on a contract may continue as arbitration proceeds
Since some construction projects cover large expenses and employ many people, it is often important to add in the contract a provision that work shall continue while arbitration proceeds. Such stipulation may not be effective when the parties resort to regular court hearings.
10. Arbitration preserves friendly relations
Arbitration proceedings are less formal, less adversarial and more speedy than court proceedings, thus helping to preserve a friendly relationship between disputants.
The award shall become executory upon the lapse of fifteen (15) days from receipt thereof by the parties even if it has been elevated on appeal. The arbitral tribunal or the sole arbitrator, with the concurrence of the CIAC shall, automatically, or upon motion of any of the parties, issue a writ of execution ordering any sheriff or proper officer to carry out said award.
A petition for review from a final award may be taken by any of the parties within fifteen (15) days from receipt thereof in accordance with the provisions of Rule 43 of the Rules of Court.
The arbitral award is final and binding upon the parties.
The award shall be in writing and signed by the arbitrator(s). If decided by an arbitral tribunal, the decision of the majority shall prevail. Generally, the award shall contain the issues involved, a brief statement and discussion of the facts, and the authority relied upon to resolve the issues.
The award shall be rendered promptly by the arbitrator/arbitral tribunal as agreed upon by the parties, but in no case beyond thirty (30) days from the time the case is submitted for resolution or six (6) months from the date of signing of the TOR (or in cases where a TOR is absent, not more than 6 months from date of the last preliminary conference). Extensions of time shall be approved by the CIAC.
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.
Disputes arising from employer-employee relationships shall be covered by the Labor Code of the Philippines.
Construction arbitration shall cover, among others, dispute(s) arising from:
1. Sole Arbitrator – where the parties have agreed that the dispute(s) shall be settled by a sole arbitrator, each shall nominate at least six (6) from the list of CIAC-accredited arbitrators. The CIAC shall appoint the common nominee of the parties. If there is no common nominee, the parties shall be asked to agree on a common nominee within fortyeight (48) hours otherwise, the CIAC shall appoint either a Sole Arbitrator who is not a nominee of any of the parties or, if it deems it necessary, the members of the Arbitral Tribunal.
2. Arbitral Tribunal – where the parties have agreed that the dispute(s) shall be settled by an arbitral tribunal, each party nominates at least six (6) arbitrators from the list of arbitrators accredited by the CIAC. The CIAC then appoints one arbitrator from the claimant’s nominees and another from the respondent’s list. The third arbitrator shall be agreed upon by the two arbitrators first appointed. The three shall decide from among themselves who shall be the chairman. Common nominees shall be appointed.
A single arbitrator or an arbitral tribunal of three (3) arbitrators may settle a dispute.
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)
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.
Arbitration is considered a more reasonable alternative to court action. Persons who are knowledgeable of the construction business shall be appointed as arbitrators to act upon the cases. Hence, a prompt decision can be easily reached.
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.
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. Page 16-17
ARTICLE XVIII
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.
Construction Dispute Resolution
Construction Industry Arbitration Commission
Tel. Nos. (02) 8897-0853 and (02) 8897-9313
Cellphone: 0917-865-6353
E-mail addresses: ciac_ciap@yahoo.com(link sends e-mail), ciac@dti.gov.ph, ciac@construction.gov.ph
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