Construction Industry

Arbitration
Commission
The
Arbitration
Process
 PROCEDURES
1. Define Claim or Cause of Action
2. File Claim (Request for Arbitration) with CIAC
3. Notice to Respondent
4. Answer and Counter-claim
5. Reply
6. Appointment of
Arbitrator/Tribunal
7. Terms of Reference
8. Hearings
9. Award
10. Execution
 Define Claims / Causes of
Action
Check if Arbitration Clause Provided for
in Contract
Effect of the Arbitration Clause:
- Submission to CIAC Jurisdiction
even
if Respondent fails to file
Answer or
refuses to arbitrate
If none, Agreement to Arbitrate should
be executed by the parties
 MODEL ARBITRATION CLAUSE
Any dispute arising out of or in connection
with this contract, including any question
regarding its existence, validity or
termination shall be referred to and finally
resolved by arbitration under the Rules of
Procedure Governing Construction
Arbitration promulgated pursuant to
Executive Order 1008 (the Construction
Industry Arbitration Law) by (indicate
number: one or three arbitrator/s) to be
appointed in accordance with such Rules.
 Define Claims / Causes of
Action
When arbitration cannot proceed
No arbitration clause or agreement to
arbitrate (for private contracts only) and
Respondent refuses to Answer Complaint
or files a Motion to Dismiss for lack of
jurisdiction
Arbitral Tribunal grants Motion to
Dismiss for
lack of jurisdiction
- dispute is NOT a construction dispute
Filing of Claims with CIAC

Request for Arbitration

Mode of Arbitration
Choice of Arbitrators
Sum in Dispute
Documents Required
Arbitration Fees
Schedule of Payment of Fees
Request for Arbitration

-Submission to Arbitration
-In Case of Government Contracts
exhausted all administrative
remedies
unreasonable delay on the part of
the government agency
exhaustion of administrative
remedies not practicable
Request for Arbitration Form
Request for Arbitration
Contents of Request
Name in Full, Description and Addresses
of the Parties
Statement of the Claimants Case
Relevant Agreements or Contract
Documentations and Information to
establish circumstances of the Case
Modeofarbitration
Number of Arbitrators
Sole Arbitrator
Arbitral Tribunal
Choice / Selection of Arbitrators
At most 6 nominees
In order of preference
CIAC - accredited
 Qualifications of CIAC
Arbitrators
Men of Distinction

Technically Qualified
Trained and Accredited by CIAC

Professionals with Experience in

Construction
Disputes and nuances thereof
 ACCREDITATION OF
CONSTRUCTION ARBITRATORS

1. MINIMUM REQUIREMENTS:

1.1 At least 40 years of age at the time of

application ;
1.2 Holder of Bachelors degree in Engineering,
Architecture, Law or Accountancy or any other
course
relevant to any field of construction or
construction
1.3 Licensed to practice his/her
activity;
profession ;
 ACCREDITATION OF
CONSTRUCTION ARBITRATORS

1.4 At least ten (10) years in the practice of his/her

profession and ten (10) years of work experience
in
construction management-related activities or in
handling of contractual disputes and/or contract
negotiations ;
1.5In full enjoyment of his/her civil rights, must not
have
been convicted of a crime involving moral turpitude
or
of any other crime for which the penalty imposed
upon
 ACCREDITATION OF
CONSTRUCTION ARBITRATORS

1.6 Willing to undergo all screening requirements

1.7 Willing to undergo training to be conducted by the
CIAC.

2.EXCEPTIONS :

2.1 Exceptional professionals who have substantially

complied with the minimum requirements 1.1 to
1.6,
and who by reason of trainings or experiences in
construction, conducted lectures on accreditation
courses upon invitation by the CIAC.
 Roster of CIAC
Accredited
Arbitrators and
1. Academia, Tomasito Z. * - Mechanical Engineer,
Mediators
Environmental
Broker (Active)
Planner Real State

2. Acorda, Zenaida Ongkiko - Lawyer (Active)

3. Alikpala, Federico. Y - Lawyer (Active)
4. Allado, Ramon F. ** - Civil Engineer (Active)
5. Alli, Armando N. (M) - Architect, Urban/Reg.
Planner (Active)
6. Altura, Claudio B. - Civil/Sanitary Engineer
(Active)
7. Andamon, Eugenio S. - Civil Engineer (Active)
8. Aurelio, Ramuel C. - Architect / Bachelor of
Laws(Active)
9. Autea, Arthur O. - Lawyer (Active)
10.Avenido, Rogelio M. - Electrical Engineer (Active)
 Roster of CIAC - Accredited
Arbitrators and Mediators
13. Batungbakal, Myra G. - Lawyer (Active)
14. Borja, Julius D. ** - Civil Engineer (Active)
15. Butalid, Jacinto M. (M) - Lawyer, Civil Engineer (Active)
16. Cal, Primitivo C. - Civil/Transportation Engineer, Lawyer,
Environmental Planner (Active)
17. Cario, Danilo B. - Civil/Sanitary Engineer (Active)
18. De Castro, Ernesto S. - Civil/Structural Engineer (Active)
19. Castro, Salvador Jr. P. (M) - Civil Engineer (Active)
20. Castro, Tomas Jr. M. - Civil Engineer (Active)
21. Ceniza, Eduardo R. - Lawyer (Active)
22. Chua, Elvira P. ** - Architect (Active)
23. Claridad, Guillermo G.** - Electrical Engineer (Active)
24. Concepcion, Juan P. - Civil Engineer (Active)
 Roster of CIAC - Accredited
Arbitrators and Mediators
25. Cortes, Reynaldo A.* - Lawyer/Electronics &
Communications Engineer
(Active)
26. Cosico, Manuel M. - Lawyer (Active)
27. Cuison, Felipe T. - Lawyer (Active)
28. David, Romeo C. (M) - Civil Engineer (Active)
29. Decampong, Alano C. ** - Civil engineer (Active)
30. Delmoro, Enrico Claro R. - Electronics &
Communications
Engineer/Electrical Engineer (Active)
31. Dickina, Carmen Theresa V.** - Architect (Active)
32. Dio, Roberto N. - Lawyer (Active)
33. Escuadra, Luciano D.** - Civil Engineer (Active)
34. Espinosa, Lourdes J. - Lawyer (Active)
35. Evangelista, Eliseo I. (M) - Civil/Structural Engineer (Active)
 Roster of CIAC - Accredited
Arbitrators and Mediators
38. Florentino, Edilberto F. (M) - Architect (Active)
39. Gaviola, Odilon Marlon L.** - Civil Engineer (Active)
40. Guerzon, Wilfredo Jr. H. ** - Civil Engineer (Active)
41. Gutierrez, Estelita Y. - Civil/Sanitary Engineer (Active)
42. Jereza, Daphne T. - Lawyer (Active)
43. Joaquin, Joven B. (M) - Certified Public
Accountant (Active)
44. Jovellanos, Jose U. - Mechanical/Electrical Engineer
(Inactive)
45. Kalaw, Teodoro IV - Lawyer (Active)
46. Khan, Ismael G., Jr. - Lawyer (Active)
47. Lagmay, Ariel A. ** - Civil Engineer (Active)
48. Lampas, Beatriz P. - Civil/Environmental/Sanitary
49. Lazatin, Victor P. - Lawyer (Active)
50. Leoncio, Potenciano A. - Civil Engineer (Active)
 Roster of CIAC - Accredited
Arbitrators and Mediators
51. Lim, Mario Eugenio V.- Lawyer (Active)
52. Mabanta, Jose F. - Civil Engineer (Active)
53. Mambulao, Gilbert Sr. S. ** -Civil Engineer (Active)
54. Mansueto, Guadalupe O. * (M) -
Civil/Structural/Geodetic/Sanitary
Engineer (Active)
55. Mansueto II, Antonio O. * - Mechanical Engineer (Active)
56. Morallos, Jesusito G. - Civil Engineer/Lawyer (Active)
57. Noto, Paulino M. (M) - Lawyer (Active)
58. Ocampo, Lamberto Un - Civil/Sanitary Engineer
(Inactive)
59. Ongkiko, Ricardo Ma. PG - Lawyer (Active)
60. Ortega, Jose I. - Civil Engineer (Active)
61. Paderon, Rosauro S. - Architect (Inactive)
62. Parlade, Custodio O. - Lawyer (Active)
63. Pasicaran, Danilo R. * - Civil/Mechanical Engineer
 Roster of CIAC - Accredited
Arbitrators and Mediators
66. Pio Roda, Fecilitas A. (M) - Architect (Active)
67. Reyes, Felisbero G.L. - Civil/Structural Engineer, Surveyor
(Active)
68. Reyes, Rommel S. ** - Architect (Active)
69. Salazar, Doroteo M. * - Civil/Geodetic Engineer (Active)
70. San Juan, Ricardo B. (M) - Civil/Industrial Engineer (Active)
71. Sang Tian, Anselmo L. **- Civil Engineer (Active)
72. Tadiar, Alfredo F. (M) - Lawyer (Active)
73. Tankeh-Asuncion, Maria Clara B. (M) - Lawyer (Active)
74. Tiongson, Alicia A. (M) - Statistician, Environmental
Planner (Active)
75. Tiu, Kian Hun T. * - Civil Engineer (Active)
 Roster of CIAC -
Accredited Arbitrators
(Active)
and
76. Tompar, Mediators
Antonio Camelo P. * - Mechanical Engineer

77. Trinidad, Leonardo P. - Mechanical Engineer (Inactive)

78. Valderrama, Mario E.
79. Villafranca, James S.
80. Viloria, Leandro A.
81. Yee, Gregorio C. **
82. Yu, Dennis S.
- Lawyer (Active)
- Lawyer (Active)
- Environmental/Urban & Regional
Planner (Active)
- Civil Engineer (Active)
- Architect (Active)

* - Visayas-based
** - Mindanao-based
(M) - Mediator
 Selection of Arbitrators
Choice/Selection of Arbitrators
- availability, case load, nature of case
- was not previously conciliator/mediator
of the dispute
Challenge:
Relationship (blood or marriage) within
6th
degree of a party or 4th degree of a
counsel
Financial, fiduciary or other interest
Partiality or bias
Claims/ Causes of Action
Sum in Dispute
- Claim of Claimant
- Counter-claim of Respondent
- Others (cross-claim, 3rd party
claim, etc.)

 Claims / Causes of Action

Monetary Claim
Non-payment of Claims/Billings
Unreasonable imposition of LD
Change-orders and Extra Work
Liquidateddamages
Non-monetary claims
Illegal take-over of Works
Interpretation of Contract Documents
 ADMINISTRATIVE
CHARGES and ARBITRATORS
FEES
A. FOR MONETARY CLAIMS
I. SCHEDULE OF FILING AND ADMINISTRATIVE FEES

SUM IN DISPUTE FILING FEE ADMINISTRATIVE FEE

LessthanP100,000.00 P3,600.00 P6,000.00
P100,000.00toP1M P3,600.00+0.36%of P6,000.00+0.24%of
excessover100,000 excessover100,000
P1.0MtoP10.0M P6,840.00+0.12%of P8,160.00+0.12%of
excessoverP1.0MexcessoverP1.0M
P10.0MtoP50.0M P17,640.00+0.06%of P18,960.00+0.06%of
excessoverP10.0M excessoverP10.0M
MorethanP50.0M P41,640.00+0.03%of P42,960.00+0.03%of
excessoverP50.0M excessoverP50.0M
* Pursuant to CIAC Resolution No. 2-96, a special assessment fee, for the establishment of
Arbitration Development Fund, equivalent to 1/10 of 1% of the Sum in Dispute (SID) shall be
imposed on SID over P 1 Million.
 ADMINISTRATIVE
CHARGES and ARBITRATORS
FEES
II. ARBITRATORS FEES
Base Amount x Overall Adjustment Factor (for complexity of the case, number of disputants and
number of arbitrators) + 1.0
1.SuminDispute(SID) BASE AMOUNT
P1M - 2% of the Sum in Dispute
over 1M - 5.0 M - P20,000.00 + 1.00% in excess of 1.0 M
over 5M - 10.0 M - 60,000.00 + 0.75% in excess of 5.0 M
over 10M - 20.0 M - 97,500.00 + 0.50% in excess of 10.0 M
over 20M - 50.0 M - 147,500.00 + 0.20% in excess of 20.0 M
over 50M - 100.0 M- 207,500.00 + 0.10% in excess of 50.0 M
over 100M - 500.0M- 257,500.00 + 0.05% in excess of 100.0 M
over 500M - 1Billion- 457,500.00 + 0.035% in excess of 500.0 M
Above 1 Billion - 632,500.00 + 0.025% in excess of 1 Billion
As amended by CIAC Resolution No. 05-2009 (Approving Additional Ranges and Base
Amounts for Arbitrators Fees); Effective 04 July 2009
______________________________________________________________________________
CIAC
TABLE of ADMINISTRATIVE
CHARGES and ARBITRATORS
FEES
 CIAC TABLE of ADMINISTRATIVE
CHARGES and ARBITRATORS
FEES
B.Upon signing of the Terms of Reference (TOR):
50%oftheAdministrativeFee
50%oftheArbitratorsFee
BalanceoftheSpecialAssessmentFee

C.At the Penultimate Hearing / Meeting:

25%oftheAdministrativeFee
25%oftheArbitratorsFee

* Ifnohearingisheld,thelasttwotranches(B&C)shallbedueupon
TORsigning
 CIAC Table of Administrative
Charges and Arbitrators
Fees B.For Non-Monetary Claims
(Approved in the 23 CIAC Regular Meeting held on July 14, 1993)
rd

B.1 Purely Non-Monetary Award Involved Schedule of Payments

1. Filing Fee - P3,000 upon filing of the RFA
P3,600 + 6% of total arbitrators Fees - 8.0% of the estimated total arbitrators
fees upon signing of the TOR
- Balance of the filing fee based on actual
total arbitrators fees upon award
2. Administrative Fees
P6,000 plus 6% of total arbitrators Fees - P6,000 upon signing of the TOR plus

6% of estimated total arbitrators fees

- Upon award, balance of administrative
fees based on actual total arbitrators
 CIAC Table of Administrative
Charges and Arbitrators Fees
ARBITRATION FEES FOR NON-MONETARY CLAIMS
(Approved in the 23rd CIAC Regular Meeting held on July 14, 1993)

3. Arbitrators Fee
3.1 Acceptance Fee - P10,000 upon filing of the
Request for Arbitration
3.2 Fees per session

For a Tribunal
Chairman:
Minimum of P4,500 per session of 3 hours - Upon signing of TOR, 50% of
or less plus P1,500 in excess of 3 hours the estimated arbitrators fees
 CIAC Table of Administrative
Charges and Arbitrators
Fees
Members:
Minimum of P3,000 per session of 3 hours -- Upon award, balance of
less plus P1,500 in excess of 3 hours arbitrators fees based on actual
number of sessions
For Sole Arbitrator:
Minimum of P7,500 per session of 3 hours or
less plus P2,500 per hour in excess of 3 hours
4. AWARD DRAFTING
P10,000 - Upon Award

B.2 For Non-Monetary Claims but with Monetary Award Involved

Fees will be based on the schedule of monetary claims
 PRELIMINARY CONFERENCE
- Matters to be discussed

Possibility of Amicable Settlement

Necessity of Amendments to Pleading
Stipulations and admissions of facts
Limitation on the number of Witnesses
Formulation of Issues
Other Matters (interim relief,
appointment of
experts, need for site inspection, &
others as
 Terms of Reference (TOR)
* Contents
Full names of Parties and counsel, if
any
Addresses and contact numbers
Summary of Respective Claims
AdmittedFactsandDocuments
Issues to be resolved
Place where proceedings will be
held
Arbitrator/s full name/s
Schedule of Payment of Fees;
 TERMS OF REFERENCE (TOR)
Arbitration to Proceed even without TOR
- If Respondent failed to file an Answer or even in
the
absence/lack of participation of Respondent

- If one of the parties refused to sign or to

participate
in the preliminary conference/proceedings

- No factual issue being in dispute, case may be

deemed submitted for resolution without oral
hearing and on
the basis of documentary evidence already
 What to be ready with
Well Prepared Complaint/ Narration of
Facts
Complete and Proper
Documentations
Technically Correct
Logically Presented

CredibleWitnesses
 What to Expect
Integrity

Speed

Fairness

Writ of Execution
THANK YOU!