PRESCRIBING THE PERCENTAGES OF FEES DUE FOR ARBITRATION CASES WITHDRAWN/DISMISSED PRIOR TO APPOINTMENT OF ARBITRATOR/S
withdrawn/dismissed prior to the appointment of arbitrator/s, but where
the parties’ contract provides for arbitration, the amount of Three
Thousand Six Hundred Pesos (P3,600) as filing/administrative fee is
deducted from the deposit for arbitration fees made by the parties. For
cases where there is no arbitration clause/agreement, the fee charged is
only P500.00;
WHEREAS, on the other hand, for cases jointly withdrawn and/or
settled by compromise agreement (with or without award rendered) where
arbitrators were appointed, the prescribed fees under CIAC Resolution
No. 12-2007 (Adopting a Harmonized Arbitrators’ Compensation Schedule
for All Cases) are 100% of the filing fee and the applicable percentages
of arbitrators’ fees for administrative fees and Arbitration
Development Fund (ADF) charges which, for the 1st stage of proceedings,
are as follows:
– Executive session/s held (at the discretion of
the Tribunal); and/or hearing on motion to dismiss/withdraw held; motion
resolved-10% Preliminary Conference held – 5% TOR signed – 7% 22%
WHEREAS, during its 122nd Regular Meeting held on 30 July 2009, the
Commission, noting that the amount of P3,600 as filing/administrative
fees is inconsistent with the filing and administrative fees and ADF
charges imposed under CIAC Resolution No. 12-2007, agreed to revisit the
matter for the purpose of harmonizing its policies on fees and other
charges;
NOW, THEREFORE, WE THE UNDERSIGNED COMMISSIONERS, after due
deliberation in the 123rd CIAC Regular Meeting and by virtue of the
powers vested in us by law, RESOLVE, AS IT IS THUS RESOLVED to
prescribe the following percentages of fees due for cases which are
dismissed/withdrawn prior to the appointment of arbitrators, whether or
not there is an arbitration clause/agreement, consistent with CIAC
Resolution No. 12-2007:
Filing Fee – 100% Administrative Fee – 10% ADF Charges – 10%
UNANIMOUS LY APPROVED.
Adopted: 27 Aug. 2009
THE COMMISSION:
(SGD.) ISAAC S. DAVID
Acting Chairman
(SGD.) SAMSON C. LAZO
Member