Question & AnswerQ&A (CIAC Resolution NO. 07-2008)
CIAC Resolution No. 07-2008 amends the previous Resolution No. 02-2002 by adopting new policy guidelines governing cases referred by regular courts to the Construction Industry Arbitration Commission (CIAC) to align with the Alternative Dispute Resolution Act of 2004 and the Revised CIAC Rules.
The Revised CIAC Rules took effect on December 15, 2005.
The pleadings and other documents filed in court shall be adopted in the arbitration proceedings unless the parties agree to file a new set of pleadings.
The arbitrators for cases referred by the court shall be appointed by the CIAC in accordance with its rules, based on nominees submitted by the parties from the CIAC roster of accredited construction arbitrators.
Section 39 of R.A. 9285 requires the Regional Trial Court before which a construction dispute is filed and where parties had an arbitration agreement, to dismiss the case and refer the parties to arbitration by the CIAC.
The submission to CIAC must include pleadings, documents filed in court or new pleadings if agreed upon, and the order of the court dismissing the case and referring the parties to CIAC.
Arbitration fees shall be charged and paid by the parties in accordance with the CIAC Schedule of Fees upon submission of the case to CIAC.
The CIAC Rules govern all proceedings and matters related to the award, execution, and post-execution phases of the arbitration process.
The amendment aimed to make the resolution consistent with the ADR Law and the Revised CIAC Rules, particularly on handling non-arbitral claims and avoiding multiplicity of suits.
Key changes include adoption of pleadings from court proceedings in arbitration, requirement for court dismissal upon full arbitration referral, payment of arbitration fees, and CIAC's authority to appoint arbitrators from accredited rosters.