Beruflich Dokumente
Kultur Dokumente
Construction Dispute
- refers to those arising from all on-site works
on buildings or altering structures, from land
clearance
through
completion
including
excavation, erection and assembly and
installation of components and equipment.
(Hi-Precision Steel Center, Inc. v. Lim Kim Steel Builders, Inc., G.R. No. 110434, December 13,
1993)
(CIAC)
It has original and exclusive jurisdiction over:
Contractual provisions;
(CIAC)
It has original and exclusive jurisdiction over:
Exception:
(CIAC)
A and B entered into a Water Supply Contract wherein B shall supply potable water to
A. In the said contract, an arbitration clause stated that both shall settle any dispute
arising from said contract to the CIAC, pursuant to EO 1008.
B failed to comply with his obligations. A filed a complaint against B to CIAC pursuant
to the arbitration clause. B filed an answer together with its Motion To Dismiss stating
CIAC does not have jurisdiction as the dispute is not a construction or infrastructure
dispute.
CIAC ordered denying the Motion and further ordered the parties to a preliminary
conference for the review and signing of Terms of Reference (TOR).
B filed a Petition for Certiorari unde Rule 65 to the CA questioning the jurisdiction of
CIAC. CA ruled in favor of CIAC, stating it has jurisdicition over the dispute. B filed a
Motion for Reconsideration.
Meanwhile, CIAC proceeded with the prelim. Conference and signing of TOR.
Thereafter, A submitted Formal Offer of Evidence, Memorandum of Arguments, and
subesequently, rendered the award in favor of A. B did not attend any of these
proceedings.
(CIAC)
CA dismiss the Motion for Reconsideration filed by B. B, filed an Appeal on the Award
rendered by CIAC to A, but did not make an appeal on the denial of MR on the
ground of lack of jurisdiction. Thus, the CA's decision as regards the jurisdiction
issue became final and executory.
Issue: Whether or not CIAC has jurisdiction?
Held: SC affirmed the ruling of the CA.
(Metropolitan Cebu Water District vs. Mactan Rock Industries, Inc., G.R. No. 172438,
July 4, 2012)
(CIAC)
Construction dispute shall include those:
Arbitration Agreement
in the Contract
- a stipulation in the
contract
involving
construction that any
dispute
shall
be
resolved
through
arbitration.
Submission
to
Arbitration as agreed
by both parties
- may be an exchange of
communication
between
parties, or some other forms
showing that the parties
have agreed to submit their
dispute to resolution.
Jurisdictional Challenge
Arbital Tribunal shall have the full authority to resolve all
issues raised in the Motion To Dismiss for lack of jurisdiction
on the following grounds:
Non-Waiver of Jurisdictional
Challenge
A party does not waive its right to challenge the jurisdiction of
CIAC by any of the following acts:
time
to
file
appropriate
Venue
ARBITRATORS IN CIAC
QUALIFICATIONS
Parties shall:
Parties shall submit the names of the nominees and order of their
preference for appointment of arbitrators.
If the parties do not or are unable to agree to a method for constitution
of the Tribunal, CIAC shall appoint the arbitrators.
When?
CIAC shall apoint the Sole Arbitrator from the nominees submitted.
In case, parties or one of them fails to submit the nominee, CIAC shall
appoint the Sole Arbitrator.
When?
In case, parties or one of them fails to submit the nominee, CIAC shall appoint
the Sole Arbitrator.
Foreign Arbitrator
Who?
Foreign Arbitrator
How?
Disqualification of Nominees
Challenge must be done before the lapse of the original 10-day period for submission
of Memoranda or Draft Decision. A Motion to Extend to File Memoranda or Draft
Decision does not extend the time to challenge the appointment of an arbitrator.
An Arbitrator may be challenged on the following grounds:
Partiality or bias;
Disqualification of Nominees
Inhibitions
An arbitrator may inhibit under the ff.
circumstances:
Under the grounds for challenges, the arbitrator may initiate the inhibition.
If he acted as a conciliator/mediator in a previous case involving the same issue and
parties.
Any circumstance that may create in either party a presumption of bias or which he
believes might disqualify him as an impartial arbitrator, subject to approval of CIAC.
Vacancies
Vacancies
CIAC may, on its own initiative or upon request of the parties, appoint a
replacement from the list of alternatives previously agreed upon or from the list of
accredited arbitrators.
If the request of the parties is unmeritorious, the CIAC shall deny the same, refund
the deposit made, and direct the remaining arbitrator/s to act on pending matters.
AWARD
Shall be in writing;
Signed by the Tribunal or majority of its
members;
Filing
Answer
Yes/no
Dismissed
Preliminary
Confer.
Formal Offer
Of Evidence
Signing of
Terms of
Reference
Submission of Memoranda/
Draft Decisions
AWARD
Execution of Award