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Arbitration of Construction Disputes: Governing Law.
SEC. 34. Arbitration of Construction Disputes: Governing Law.—The arbitration of construction disputes shall be governed by Executive Order No. 1008, otherwise known as the Construction Industry Arbitration Law.
Coverage of the Law.
SEC. 35. Coverage of the Law. —Construction disputes which fall within the original and exclusive jurisdiction of the Construction Industry Arbitration Commission (the "Commission") shall include those between or among parties to, or who are otherwise bound by, an arbitration agreement, directly or by reference whether such parties are project owner, contractor, subcontractor, fabricator, project manager, design professional, consultant, quantity surveyor, bondsman or issuer of an insurance policy in a construction project. The Commission shall continue to exercise original and exclusive jurisdiction over construction disputes although the arbitration is "commercial" pursuant to Section 21 of this Act.
Authority to Act as Mediator or Arbitrator.
SEC. 36. Authority to Act as Mediator or Arbitrator.—By written agreement of the parties to a dispute, an arbitrator may act as mediator and a mediator may act as arbitrator. The parties may also agree in writing that, following a successful mediation, the mediator shall issue the settlement agreement in the form of an arbitral award.
Appointment of Foreign Arbitrator.
SEC. 37. Appointment of Foreign Arbitrator.—The Construction Industry Arbitration Commission (CIAC) shall promulgate rules to allow for the appointment of a foreign arbitrator as co-arbitrator or chairman of a tribunal a person who has not been previously accredited by CIAC: Provided, That: the dispute is a construction dispute in which one party is an international party; the person to be appointed agreed to abide by the arbitration rules and policies of CIAC; he/she is either co-arbitrator upon the nomination of the international party; or he/she is the common choice of the two CIAC accredited arbitrators first appointed, one of whom was nominated by the international party; and the foreign arbitrator shall be of different nationality from the international party.
Applicability to Construction Arbitration.
SEC. 38. Applicability to Construction Arbitration.—The provisions of Sections 17(d) of Chapter 2, and Sections 28 and 29 of this Act shall apply to arbitration of construction disputes covered by this Chapter.
Court to Dismiss Case Involving a Construction Dispute.
SEC. 39. Court to Dismiss Case Involving a Construction Dispute.—A Regional Trial Court before which a construction dispute is filed shall, upon becoming aware, not later than the pre-trial conference, that the parties had entered into an arbitration agreement, dismiss the case and refer the parties to arbitration to be conducted by the CIAC, unless both parties, assisted by their respective counsel, shall submit to the Regional Trial Court a written agreement exclusively for the Court, rather than the CIAC, to resolve the dispute.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).