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Procedure

1. Complaint/Request
2. Answer
3. Reply
4. Appointment and acceptance of arbitrators
5. Challenge to arbitrators
6. Preliminary conference or terms of reference
7. Arbitration proceedings
8. Award
9. Execution of the award
Complaint/request
• Must be filed with the secretariat of CIAC
• Must allege the existence of arbitration
agreement or subsequent submission, a copy
of which should be attached to the complaint
or request.
Answer
• Within 3 day from such filing, the Secretary
shall transmit to the respondent a reqest for
his answer attaching a copy of the complaint
and supporting documents.
Reply
• Claimant may file a reply to the counterclaim
within 15 days from the date of receipt of the
answer with counterclaim.
Appointment and acceptance of
arbitrators
• 1 or 3 arbitrators may be appointed.
• Appointment is based on the agreement of
the parties or the discretion of the CIAC if no
such agreement.
Challenge to arbitrators
a) Relationship (6th degree), counsels (4th
degree)
b) Financial, fiduciary or other interest
c) Partiality or bias
d) Incompetence or professional misconduct
e) Other just and valid reasons affecting
independence, integrity, impartiality and
interest.
Preliminary conference or terms of
reference
a) Amicable settlement
b) Necessity or desirability of amendment
c) Obtaining stipulations or admissions of facts
d) Limitation of the no. of witnesses
e) Suggested formulation issues of the parties
f) Application for interim relief
g) Such other matters
Arbitration proceedings

a) Venue, date and time – mutually agreed by


the parties and the arbitral tribunal. In case
of disagreement, tribunal prevails.
b) Quorum – in arbitration with 3 arbitrators, 2
members shall constitute a quorum.
Cont’d Arb. Proeedings
c) Draft decision or final memorandum – Parties
can submit their draft or memorandum not
later than 10 days from the termination of
hearing.
Award

• Rendered promptly by the arbitral tribunal


within 30 days
• But not more than 6 months
Execution of the award
• CIAC motu propio or upon motion of the
prevailing party.

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