Dispute Resolution, Litigation, Arbitration
LATEST CIAC RULES OF PROCEDURE (as of January 1, 2023)
On January 1, 2023, the latest rules of procedure for construction arbitration cases before the Construction Industry Arbitration Commission (“CIAC”) took effect.
The significant changes to the rules are as follows:
- A CIAC final arbitral award becomes executory upon the lapse of fifteen (15) days from receipt thereof by the parties.
- If recourse is taken against a final award and a temporary restraining order (TRO) or a writ of preliminary injunction is issued either by the Supreme Court or by the Court of Appeals, such award shall become executory only upon the issuance of the entry of judgment, or upon the lapse/lifting of the TRO or the dissolution of the preliminary injunction.
- The losing party in a CIAC arbitral award now has two (2) options for appeal:
- An appeal on pure questions of law directly filed directly with the Supreme Court within 15 days pursuant to Rule 45; or
- Appeal on factual issues to the Court of Appeals pursuant to Rule 65 within 60 days, specifically raising a challenge on the integrity of the CIAC arbitral tribunal or an allegation that the arbitral tribunal violated the Constitution or positive law in the conduct of the arbitral process.
- The appeal or petition for certiorari will not stay the execution of the final award sought to be reviewed unless the Supreme Court or the Court of Appeals directs otherwise upon such terms as it deems just or upon the posting of a surety bond by the petitioner in an amount equal to the award.
- The new rules now clearly state that the government and all the attached agencies with no legal personality distinct from the former are exempt from posting appeal bonds.
- Any party seeking to oppose the issuance of a writ of execution by the CIAC must do so within seven (7) days from receipt of the motion.
The new rules codify the various pronouncement by the Supreme Court in recent cases it had decided involving CIAC awards.
Click here for the full version of the latest (2023) CIAC Rules of Procedure.
This amends the article Latest Rules on Appellate Review of CIAC Arbitral Awards (September 2021).
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