WHEREAS, on the recommendation of the Training Faculty of the 7^th Accreditation Course for Construction Arbitrators conducted by the CIAC on October 18-25, 2011 at Makati City, the Commission, in its Special Meeting held on 12 December 2011 passed CIAC Resolution No. 10-2011, approving the accreditation of the seventeen (17) course participants as construction arbitrators of the CIAC with the requirement for them to undertake observations of actual CIAC arbitration proceedings prior to their appointment to their first case; and

WHEREAS, the implementing mechanics/guidelines for the requirement which were drafted by Dr. Ernesto S. de Castro, a member of the Training Faculty, and commented on by the other faculty members, were presented to, and discussed by, the Commission which agreed to adopt the same with modifications;

NOW, THEREFORE, THE COMMISSION, by virtue of the powers vested in it by law and after due deliberations in its 140^th regular meeting, RESOLVES, as it is hereby RESOLVED, to prescribe the following implementing guidelines for the required observations by incoming arbitrators of actual CIAC arbitration proceedings:

I.    ATTENDANCE

Incoming arbitrators shall attend all of the following case events/activities:

1. Two (2) Preliminary Conferences in two (2) separate cases;
   
2. Two (2) hearings in two (2) separate cases;
   
3. Two executive sessions on the discussions of the issues in two (2) separate cases; and
   
4. Two executive session in award drafting in two (2) separate cases.

Attendance in the above arbitration proceedings should be completed within six months from the date of the first activity attended.

The Tribunal Chairman/Sole Arbitrator will certify to the attendance of the arbitrator in the pertinent case activities/events.

II.    REPORTS

The incoming arbitrator shall submit his/her written observations on the above case proceedings to the Training Faculty within five (5) days from completion of each activity.

III.    MECHANICS

1. A maximum of two (2) arbitrators can attend the above case events/activities at the same time; and
   
   
2. The approval of the Arbitral Tribunal and the parties shall first be secured before an arbitrator/s could attend any activity.

IV.    EXEMPTIONS

Lawyers who have handled at least five (5) arbitration cases in the CIAC as counsel, or three (3) cases as arbitrator, or two (2) cases as Chairman in any other commercial arbitration body except labor arbitration, are exempted from undertaking the requirement.

Incoming arbitrators falling within the above exemptions may submit to the Commission their requests for exemption with the list of pertinent cases handled. If the cases handled were in arbitration bodies/institutions other than CIAC, supporting certifications from the concerned institution/body should be attached to the request.

Incoming arbitrators not falling within the exemptions may, on justifiable grounds, also submit their requests for exemption to the Commission together with supporting documents/substantiation.

 

THE COMMISSION:
(SGD.) MANUEL M. COSICO
Chairman
(SGD.) ANTONIO A. ABOLA	(SGD.) EMILIO LOLITO J. TUMBOCON
Member	Member