Rules of Procedure in CIAC

1. Complaint / request for arbitration

- must be filed with the Secretariat of the CIAC
- must allege the existence of the arbitration agreement or subsequent submission
- copy of arbitration agreement or subsequent submission attached to the complaint/request
- absence of arbitration agreement or subsequent submission shall result to dismissal of complaint
without prejudice to its refiling

2. Answer
- respondent has 15 days from receipt of the request for arbitration to file his answer
- include counterclaim as respondent may assert
- shall clearly express respondents willingness to have the dispute resolved by arbitration
- absence of which shall result to dismissal of complaint without prejudice to its refilling upon
subsequent submission
-when jurisdiction of the CIAC has been properly invoked by the filing of the request for arbitration in
accordance with the CIAC Revised Rules, or there is an arbitration agreement or submission agreement
providing for arbitration by the CIAC: failure to file an answer to refusal to arbitrate shall not stay the
proceedings
- in such a case CIAC shall appoint the arbitrators and continue with the proceedings
- if before the award, the respondent appears and offers to present his evidence, the arbitral tribunal
may, for justifiable reasons, reopen the proceedings, require the respondent to file his answer with or
without counterclaims, allow him to present his evidence and grant him a limited right to cross examine
witnesses already presented in the proceedings.

3. Reply
- 15 days from date of receipt of the answer with counterclaim

4. Appointment and acceptance of arbitrators

- one(1) or three(3) may be appointed depending on the agreement of the parties, or discretion of CIAC
if there is no such agreement
- each party shall submit six (6) nominees from CIAC-accredited arbitrators
- sole arbitrators: CIAC appoint the common nominee of the parties, or, CIAC shall appoint if parties fail
to submit names of nominees
- arbitral tribunal: CIAC appoint the parties common nominees. If no common nominees, CIAC shall
choose and appoint one from each of the claimant and respondents nominees. The two shall select the
third arbitrator
-arbitrators must communicate their acceptance or refusal of appointment within five (5) days from
receipt thereof

5. Challenge to arbitrators
- shall be in a form of complaint under oath
- grounds
a. Relationship by blood or marriage within the sixth degree of either party to the controversy, or
to counsels within the fourth degree, computed according to the rules of civil law;
b. Financial, fiduciary or other interest in the controversy;
c. Partiality or bias;
d. Incompetence, or professional misconduct; and
 e. Other just and valid reasons affecting independence, integrity, impartiality and interest

6. Preliminary conference and terms of reference

-not later than 15 days after appointment of arbitrators
-matters to be considered:
a. Possibility of amicable settlement;
b. Necessity or desirability of amendment to pleadings;
c. Obtaining stipulations or admission of facts and/or documents to avoid unnecessary proof;
d. Limitation of the number of witnesses;
e. Suggested formulation of issues by the parties;
f. Application for interim relief, appointment of experts and necessity of site inspection; and
g. Such other matters as may aid in the just and speedy disposition of the case

- draft copy of Terms of Reference (TOR) shall be attached to the notice of preliminary conference, and
shall be signed by the parties, their counsels and the arbitral tribunal after the finalization. It shall
include the following:
a. The full names of the parties, and their respective counsels, if any;
b. The addresses and contact numbers of the parties/counsels, to which notifications or
communications arising in the course of arbitration may be validly made;
c. A summary of the parties respective claims;
d. Full statement of admitted facts and documents;
e. The issues to be resolved in question form;
f. The arbitrators full names;
g. The place where the arbitration proceedings shall be held;
h. The breakdown, schedule of payments, and sharing of arbitration fees;
i. Such other particulars as may be required by the arbitral tribunal for the proper and speedy
adjudication of the case.

- Notwithstanding absence of TOR, arbitration shall proceed based on the issues formulated by the
pleadings filed by the parties

7. Arbitration proceedings
- venue, date and time: mutually agreed upon by the parties and the arbitral tribunal. In case of
disagreement, the choice of venue by the arbitral tribunal shall prevail

- quorum: two (2) members of arbitral tribunal shall comprise quorum

- presentation of evidence: The arbitral tribunal shall at all times adopt the most expeditious procedure
for the introduction of evidence. It shall be the arbitral tribunals discretion to determine the order of
presentation of evidence. Generally, the party who seeks to enforce a right or establish a claim shall be
required to present his evidence first.

- draft decision or final memorandum: parties may submit not later than 10 calendar days from the
termination of the hearing

- closing of the hearings: proceedings shall be deemed closed after submission of the draft decision or
final memorandum, unless, any party request to reopen the hearing before the award is rendered and
on good cause shown. Effective date of hearing shall be the date of closing of the reopened hearing
8. Award
- rendered within 30 days from the time the case is submitted for resolution but not more than six (6)
months from the date of the last preliminary conference called for the purpose of finalizing or signing
the TOR
- award shall be in writing and signed by the arbitral tribunal or a majority of its members.
- dissent from the decision of the majority shall be in writing and signed by the dissenting member
- final arbitral award shall become executor upon the lapse of 15 days from receipt by the parties,
unless a timely motion for correction is filed by any party within the 15-day period
- jurisdiction of the arbitral tribunal is terminated upon finality of the decision. Except:
a. Timely motion for correction has been filed
b. Notwithstanding the finality of award, the arbitral tribunal retains jurisdiction to exercise
executor powers

9. Execution of the award

- arbitral tribunal, or remaining members thereof, or the CIAC in case of none, shall, motu propio upon
motion of the prevailing party, issue a writ of execution of a final and executory decision, order or
award requiring any sheriff or proper officer to execute the said decision, order or final award.

- if the decision, order or final award is repealed, the execution may be stayed upon approval by the
arbitral tribunal, or the remaining members thereof, with the concurrence of the CIAC, of a bond posted
by the petitioner in an amount equal to the award, conditioned upon the performance of the judgment
of the appellate court in case it upheld the award in whole or in part.