Law Summary
Article V: Choice and Selection of Arbitrators
Section 1: Number of Arbitrators
- Disputes may be resolved by either a Sole Arbitrator or a panel of three Arbitrators (Arbitral Tribunal)
- Appointment based on agreement in arbitration clause or agreement to arbitrate
- Absence of agreement allows CIAC discretion to select a Sole Arbitrator or an Arbitral Tribunal depending on dispute complexity or amount in controversy
Section 2: Sole Arbitrator
- Parties each may nominate three arbitrators when Sole Arbitrator mode is agreed
- Failure to nominate results in CIAC appointing the Sole Arbitrator
- If a common nominee exists, CIAC appoints that nominee provided they are qualified and available
- Without common nominee or if nominee disqualified or unavailable, CIAC may appoint a Sole Arbitrator or Arbitral Tribunal
- Sole Arbitrator appointed must not be party-nominated and must be qualified and available
Section 3: Arbitral Tribunal
- Parties each nominate six CIAC-accredited arbitrators when three-member tribunal agreed
- In absence of a common nominee, CIAC appoints one arbitrator each from parties’ nominee lists
- The two selected arbitrators choose the third member within 15 days; failing that, CIAC appoints the third member
- If common nominees exist from parties’ lists, CIAC appoints them accordingly
- The three arbitrators select their Chairman
Section 5: Challenge of Arbitrators
- Arbitrators may be challenged anytime post-appointment but pre-award for grounds including partiality, bias, incompetence, or professional misconduct
- Challenges must be sworn complaints detailing facts supported by affidavits and documentary evidence
- CIAC ensures the arbitrator an opportunity to be heard
- Arbitrator may inhibit himself, subject to CIAC approval
- CIAC makes final decision on challenge; if arbitrator removed, promptly appoints replacement
- Replacement of third member selected by initial two members if challenge involves the third arbitrator
Article VI: Qualifications and Status of Arbitrators
Section 1: General Qualifications
- Arbitrators must be highly respected individuals instilling confidence in both business and government sectors
- Must be technically qualified to resolve construction disputes fairly and expeditiously
- Drawn from diverse professions: engineers, architects, construction managers, business experts, and experienced lawyers
Section 2: CIAC Accreditation
- Arbitrators must be from the CIAC-accredited list
- Applies to original appointees and replacements
Section 3: Employment Status
- Arbitrators are not permanent employees of CIAC
- Serve only when called upon to arbitrate specific disputes
Article VII: Appointment and Acceptance Procedures for Arbitrators
Section 3: Acceptance of Appointment
- Arbitrators must communicate acceptance or refusal within 5 working days upon receipt of appointment
- Failure to respond leads CIAC to appoint replacement from nominating party’s list or CIAC's accredited arbitrators if none available or qualified
Article XIII: Venue, General Matters, and Settlement Freedom
Section 12: Freedom to Settle
- Parties may settle disputes anytime, even during active arbitration
- Arbitration expenses incurred are charged against the deposit
- If deposit is insufficient, parties share the remaining balance equally
- Parties may jointly withdraw or submit compromise to CIAC for award issuance if arbitrators appointed
- Arbitration fees correspond to the stage of proceedings if arbitration has commenced
Effectivity of Amendments
- Amendments promulgated by CIAC Commissioners on March 31, 1998
- Take immediate effect upon adoption
This comprehensive framework governs the administration, selection, qualifications, challenge, and procedural conduct of arbitrators specifically for construction disputes under CIAC's jurisdiction.