Question & AnswerQ&A (CIAC Resolution NO. 09-2011)
Section 37 of R.A. 9285, the Alternative Dispute Resolution Act of 2004, provides for the appointment of a foreign arbitrator nominated by an international party to a case filed with the CIAC.
The nominating party shall bear the entire cost of airfare to and from the Philippines as well as the per diems of the foreign arbitrator.
Per diems covering hotel, food, and inland travel for a foreign arbitrator shall not exceed US $500.00 per day.
If air travel does not exceed four hours, the foreign arbitrator is entitled to travel on economy class. If the travel time exceeds four hours, the arbitrator shall travel on business class.
Arbitrator's fees shall be the same for both local and foreign arbitrators and shall follow the schedule of fees prescribed by the CIAC.
Yes, a foreign arbitrator may request payment via direct foreign exchange remittance to his/her bank account, but the cost of remittance shall be charged to the arbitrator.
A foreign arbitrator is entitled to extra compensation for travel and stay during arbitration proceedings at the rate of US $250.00 per hour for 8 hours daily, up to a maximum of 14 days, totaling up to US $2,000.00 per day.
No, these payments are not subject to determination by the arbitral tribunal as reimbursable costs to any party in the award.
Any excess deposit shall be returned to the depositor after reimbursement or payment.
No, administrative fees and ADF fees remain unchanged regardless of the appointment of a foreign arbitrator.