Question & AnswerQ&A (CIAC Resolution NO. 1-98)
A Sole Arbitrator or an Arbitral Tribunal of three Arbitrators may settle a dispute, as determined by the Commission based on the mode of arbitration agreed upon or at its discretion in the absence of agreement.
If any or both parties fail to submit nominees within the prescribed period, the Construction Industry Arbitration Commission (CIAC) will appoint a Sole Arbitrator who is not a nominee of the parties, is not disqualified, and is available.
CIAC chooses one arbitrator from the claimant's nominees and another from the respondent's nominees. The first two arbitrators then select the third arbitrator within 15 days; if they fail, CIAC appoints the third member from its accredited arbitrators.
An arbitrator may be challenged on grounds of partiality, bias, incompetence, or professional misconduct. The challenge must be in the form of a complaint under oath, with supporting evidence, and the arbitrator is given an opportunity to be heard before a decision by CIAC.
Arbitrators must be men of distinction, technically qualified to resolve construction disputes expediently and equitably, coming from professions including engineers, architects, construction managers, businessmen familiar with the construction industry, and experienced lawyers.
No, arbitrators shall not be permanently employed by CIAC; they render services only when called upon to arbitrate a construction dispute.
An arbitrator must communicate acceptance or refusal within five working days of receipt of appointment. Failure to respond results in CIAC appointing a replacement from the nominating party's list or CIAC-accredited arbitrators.
Yes, parties are free to settle anytime even during arbitration. Expenses incurred up to settlement are charged against the deposit, with the parties equally shouldering any insufficient balance.
Fees are charged in accordance with the stage of the proceedings at the time of settlement.
Arbitrators must come from the list of CIAC-accredited arbitrators.