Title
Amendment to CIAC Construction Arbitration Rules
Law
Ciac No. 02-98
Decision Date
Apr 28, 1998
CIAC Resolution No. 02-98 amends the rules governing construction arbitration, establishing that arbitrators are not civilly liable for their official actions unless proven to have acted in bad faith, malice, or negligence.
A

Liability of Arbitrators

  • Arbitrators are generally immune from civil liability for actions performed in their official capacity.
  • Exceptions arise under Section 38(1), Chapter 9, Book I of the Administrative Code of 1987, where liability attaches if there is clear evidence of bad faith, malice, or negligence.
  • This provision aims to protect arbitrators from frivolous lawsuits while ensuring accountability in the presence of serious misconduct.

Legal Adoption and Effectivity

  • The amendments were unanimously approved by the CIAC Commissioners, reflecting a collective agreement on the changes.
  • The resolution was formally adopted on April 28, 1998, carrying legal force from that date.
  • Signatories include the Chairman Jose U. Jovellanos, and members Lamberto Un Ocampo and Alfredo L. Juinio, Sr., indicating official endorsement and ratification.

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