Legal Basis and Consistency With ADR Law
- The amendment is pursuant to Section 39 of Republic Act No. 9285, the Alternative Dispute Resolution Act of 2004.
- The ADR law mandates dismissal of court cases and referral to arbitration by the CIAC when an arbitration agreement exists.
- The amendment ensures consistency between CIAC policies and the ADR law, reinforcing arbitration as a primary recourse for construction disputes.
Adoption of Pleadings and Documents in Arbitration
- When a case is referred to CIAC after being filed in regular courts, pleadings and documents filed in court shall be adopted for arbitration.
- Parties may agree, however, to file a new set of pleadings specific to arbitration.
- These pleadings or new documents must be submitted along with the court order dismissing the case and referring to CIAC.
Arbitration Fees and Schedule
- Once a case is submitted to CIAC, arbitration fees are imposed and must be paid by the parties.
- The fees follow the fee schedule set forth under CIAC's official Schedule of Fees.
Appointment of Arbitrators
- Parties must submit nominees for arbitrators from the CIAC roster of accredited construction arbitrators.
- CIAC is responsible for appointing the arbitrators according to its rules.
Governance of Arbitration Proceedings
- All proceedings related to arbitration including awarding, execution, and post-execution stages are governed by the CIAC Rules.
- This ensures procedural uniformity and legal efficacy throughout the arbitration process.
Approval and Adoption
- The Resolution was unanimously approved and adopted in the 109th Regular Meeting of the Commission on 30 May 2008.
- The resolution is signed by the CIAC Chairman and Members, solidifying its official status.