Question & AnswerQ&A (CIAC Resolution NO. 02-98)
Sections 6 and 21 of Executive Order No. 1008 empower the Construction Industry Arbitration Commission (CIAC) to prescribe rules and procedures for construction arbitration.
The purpose of CIAC Resolution No. 02-98 is to promulgate amendments to the Rules and Procedures Governing Construction Arbitration.
Article VII Section 2 states that arbitrators shall not be civilly liable for acts done in the performance of their official duties except as provided in Section 38 (1), Chapter 9, Book I of the Administrative Code of 1987, upon a clear showing of bad faith, malice or negligence.
Arbitrators can be held civilly liable if there is a clear showing of bad faith, malice, or negligence as provided under Section 38 (1), Chapter 9, Book I of the Administrative Code of 1987.
The amendments were promulgated by the CIAC Commissioners JOSE U. JOVELLANOS (Chairman), LAMBERTO UN OCAMPO (Member), and ALFREDO L. JUINIO, SR. (Member).
The amendments apply to the Rules and Procedures Governing Construction Arbitration specifically related to the role and liability of arbitrators.
Executive Order No. 1008 is cited as the basis for the CIAC's authority.
Section 38 (1), Chapter 9, Book I of the Administrative Code of 1987 defines the exceptions to arbitrators' civil liability.
The unanimous approval signifies that all CIAC Commissioners agreed on the promulgation of the amendments to the Rules and Procedures Governing Construction Arbitration.
Article VII, which pertains to the Arbitrators, was amended by CIAC Resolution No. 02-98.